Terms of Use

These Terms of Use cover fanscreator.ai, our applications, our API, and every feature, model and tool we make available through them (the “Service”). Together with our Privacy Policy, the Acceptable Use Policy in Section 6, any feature-specific terms and any separate agreement we have signed with you (an “Enterprise Agreement”), they are your agreement with FansCreator OÜ (“FansCreator”, “we”, “us”, “our”).

By using the Service you confirm that you are at least 18, that you are using it for business purposes, that you accept these Terms, and that nothing in the law applying to you prevents you from doing so. If you do not accept them, please do not use the Service.

Sections 4, 5, 6 and 10 place real obligations on you and are worth reading in full.

1. The Agreement

1.1 Who we are. FansCreator OÜ is a private limited company incorporated in the Republic of Estonia under registration number 17605888, with its registered office at Pille tn 9/3-53, Kesklinna district, Tallinn, Harju County, 10138, Estonia.

1.2 Business use. The Service is offered for business use. By registering you represent that you are acting in the course of a trade, business, craft or profession, whether as a company, an agency, a partnership or a self-employed individual. Where, despite that representation, mandatory law treats you as a consumer, nothing in this Agreement limits any right you have under that law, and any provision that cannot lawfully be applied to you does not apply to you but continues to apply in full to everyone else.

1.3 Acting for an organisation. If you use the Service for or on behalf of an organisation, you warrant that you have authority to bind it, “you” means both you and that organisation, and you are jointly and severally liable for all obligations under this Agreement. We may ask for evidence of that authority.

1.4 Order of precedence. If there is a conflict, the order is: an Enterprise Agreement; supplemental terms for a specific feature; these Terms; the Privacy Policy; our documentation. Sections 4, 5 and 6 prevail over every other provision, including an Enterprise Agreement, unless varied in writing signed by a member of our management board.

1.5 Acceptance and record. You accept this Agreement by ticking the acceptance box at registration, by clicking an equivalent control, or by accessing or using the Service. We record the version, timestamp, IP address and account identifier of each acceptance, and that record is evidence of your acceptance.

1.6 Licence. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own internal business purposes and, where you hold API access, to build and operate applications under Section 9.

1.7 Definitions.

Term	Meaning
Account	Your registered account, including any workspace, team or organisation account.
Depicted Person	Any real, identifiable natural person whose likeness, face, body, voice or other identifiable attribute appears in, or is used to produce, an Input or Output.
Consent Record	The documentation required under Section 5 evidencing a Depicted Person’s consent.
Input	Anything you submit to the Service: prompts, reference images, video, audio, training sets, character models and metadata.
Output	Anything the Service generates in response to an Input.
Your Content	Your Inputs and Outputs, and anything else you upload, store or transmit through the Service.
Restricted Content	Any Input or Output that depicts, describes or simulates: actual or simulated sexual activity or sexual conduct; the genitals or anus of any person, or the female breast below the top of the areola, whether uncovered or covered only in a transparent or substantially transparent way; masturbation or sexual arousal; or nudity or conduct otherwise presented in a sexual context. It also includes any Input or Output that is restricted to adults under the law applying to you or to us, and anything we designate as Restricted Content in the Service interface or in our documentation.
Verified User	A user who has completed verification under Section 4.

1.8 Changes to the Service. The Service is under continuous development. We may add, change, substitute, deprecate or remove any model, feature or capability at any time, and a change to an underlying third-party model does not by itself constitute a failure to provide the Service. Where we materially degrade a paid plan as a whole, or discontinue a paid feature entirely, we will give reasonable advance notice and you may cancel and receive a pro-rata refund of prepaid unused amounts.

1.9 Changes to these Terms. We may amend this Agreement at any time. The current version is always available on our website, and we will update the date at the top. Where notice of a change is required, we will give it through the Service, and the change takes effect the next time you access the Service after it is given. Your continued use of the Service constitutes acceptance of the amended Agreement. If you do not accept a change, stop using the Service and cancel your subscription.

1.10 Contact. General, billing and account enquiries: hello@fanscreator.ai. Legal notices, rights-holder claims, removal requests and data-protection enquiries: legal@fanscreator.ai.

2. Eligibility and Accounts

2.1 Age. You must be at least 18 years old, and at least the age of majority where you live if that is higher. There is no exception and no supervised-minor route. We run age assurance at registration and may re-run it at any time, and we may refuse, suspend or terminate any Account that fails it or that we reasonably suspect belongs to a minor, without refund. Where the law of a territory requires a particular standard or method of age assurance before certain content can be accessed or generated, we apply that standard to users in that territory, or restrict the relevant features there.

2.2 Registration data. You must give true, accurate, current and complete information when you register, and keep it up to date. If you give information that is untrue, inaccurate, incomplete or out of date, or we have reasonable grounds to suspect it is, we may suspend or terminate the Account and refuse all future use of the Service.

2.3 Your Account. You have no ownership or property interest in your Account; all rights in it, including its username, belong to us, and we may reclaim any username. You are responsible for everything that happens under your Account, whether or not you authorised it. Keep your credentials confidential, do not share them, and notify us at hello@fanscreator.ai immediately if you become aware of unauthorised use. You must not let anyone under 18 access the Service through your Account or devices.

2.4 Workspaces. The Service may let several users work inside a shared workspace, team or organisation (a “Workspace”). The Workspace owner is the contracting party, is responsible for all fees, and is jointly and severally liable with each member for every act and omission of every member. The owner must ensure that each member is 18 or over and complies with this Agreement, and that each member who generates Restricted Content is verified under Section 4. Workspace administrators can access, monitor, manage, export, remove and reassign members’ content, activity and settings, and members should expect no privacy in a Workspace as against its administrators.

2.5 Delegated operators. If you let a chatter, assistant, contractor or any other person operate your Account, you remain fully liable for everything they do, you must ensure each of them is 18 or over and bound to terms at least as protective as this Agreement, and you must be able to identify on request which individual performed any given action.

2.6 Sanctions and territories. You represent that you are not located in, resident in or organised under the laws of a country or territory subject to comprehensive EU, UN, UK or US sanctions, and that you are not a designated person on any applicable restricted-party list. We may geoblock any territory at any time, including where local law restricts the content generated through the Service.

2.7 No re-registration after a ban. If we terminate your Account for cause, you must not register again under a different name, entity, email address, payment instrument or identity document, and must not procure another person to do so for you. Any Account created in breach of this clause may be terminated without notice or refund.

3. Your Content, Inputs and Outputs

3.1 Responsibility. We do not claim ownership of Your Content. You, and not we, are entirely responsible for all of it, including its legality.

3.2 Your warranties. Each time you submit an Input or generate an Output you represent and warrant that: you hold all rights, licences, releases and consents needed to submit it and to grant the licences below; it does not infringe any copyright, trade mark, image right, personality right, publicity right or other right of any person; where it contains or is derived from the identifiable attributes of a real person, you hold a valid Consent Record meeting Section 5; it does not breach Section 6; and no further payment is owed to any third party as a result of the licences you grant us.

3.3 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence, sublicensable to our hosting, compute, model, moderation, payment and security providers to the extent necessary, to host, store, reproduce, transmit, adapt, reformat, analyse and display Your Content, solely in order to operate and provide the Service to you, to perform content moderation and safety classification, to comply with our legal obligations and lawful requests, and to establish, exercise or defend legal claims. The licence lasts while Your Content is on the Service and ends when you delete it or your Account, subject to routine backups for a limited period and to retention we are legally required to apply or reasonably need for the last two purposes. To the extent permitted by law, and only for those purposes, you waive any moral rights in Your Content.

3.4 Outputs. As between you and us, and subject to your compliance with this Agreement and to any third-party rights, you own the Outputs you generate, and your rights in Outputs you have exported survive cancellation of your subscription or deletion of your Account. You are solely responsible for how you use, publish, license or distribute any Output, for clearing all rights in it, and for compliance with the law and with the terms of any platform on which you publish it. We make no representation about where or how any Output may lawfully be used. Because of how AI systems work, Outputs may not attract copyright protection in every jurisdiction and may not be unique; other users may receive similar or identical results.

3.5 Improving the Service. We may analyse use of the Service, including Inputs and Outputs, for moderation, safety, abuse detection, debugging and analytics, and we may use anonymised and aggregated data derived from that analysis to maintain and improve the Service. We do not use identity or verification data, Consent Records, or Restricted Content for any purpose other than providing the Service, moderation and legal compliance, and we contractually require our model providers not to train on content processed for us.

3.6 Character models and persona assets. Where the Service lets you build a persistent character model, LoRA, persona or likeness asset from reference material, that asset is Your Content and remains subject to Section 5 for as long as it exists. If the underlying Consent Record expires, is withdrawn or is found invalid, you must stop using the asset and delete it, and we may disable it.

3.7 Storage. We are not obliged to store Your Content indefinitely. We may set retention periods, storage caps, file-size limits and cold-storage policies, which may differ by plan. You are solely responsible for keeping your own copies. We have no liability for loss, deletion or corruption of Your Content except where caused by our intent or gross negligence.

3.8 Provenance. We may embed visible or machine-readable watermarks, metadata or content-provenance signals, including C2PA Content Credentials, in Outputs, and may enable third parties to detect them. You must not remove, alter, obscure or falsify them. Where applicable law requires you to disclose that content is AI-generated, you must do so. We do not warrant that a marking is applied to, or persists in, every Output.

3.9 Feedback. Any idea, suggestion or proposal you send us is given without restriction and without any obligation of confidentiality, attribution or compensation, and we may use it freely.

4. Verification for Restricted Content

4.1 When verification applies. Verification is required only if you want to generate, store, download or publish Restricted Content. You can use the rest of the Service without it. Becoming a Verified User is a condition of access to Restricted Content features, and we will not enable them until verification is complete.

4.2 What we ask for. You complete either individual verification (KYC) or, if you are registering as an organisation, business verification (KYB), not both.

Individual verification (KYC): your full legal name as it appears on your identity document; your date of birth; your country of residence; a valid government-issued photographic identity document; and a liveness or selfie check matching that document.

Business verification (KYB): the entity’s registered name, registration number, VAT number where it has one and registered address; and identification of one authorised representative, verified as above. Where our payment provider or a card scheme requires it, we may also need details of beneficial owners holding 25% or more.

4.3 Accuracy. All verification information must be true, accurate, current and complete, and you must tell us within 7 days of any change to your legal name, entity details or authorised users. Providing false, altered, borrowed or stolen identity information is a material breach and, in most jurisdictions, a criminal offence, and we may report it.

4.4 Re-verification and refusal. We may re-verify you at any time, and may require re-verification before restoring a suspended Account or where a payment provider, card scheme, regulator or law-enforcement authority asks us to. We may refuse verification or withdraw Verified User status at our discretion, including where documents appear altered, where the same document has been used on another Account, or where you appear on a sanctions list. Losing Verified User status suspends Restricted Content features immediately.

4.5 One identity. You may not verify using another person’s identity, verify on behalf of someone else, sell or lend a verified Account, or operate an Account for a person we have banned.

4.6 How we handle verification data. Verification data is held in a store segregated from your creative content, is not used to train any AI model, is accessible only to staff and providers with a verification, safety, legal or compliance role, and is retained for the period set out in the Privacy Policy so that we can evidence that verification took place and defend legal claims.

4.7 Local law. Law on adult content varies between jurisdictions. You are solely responsible for determining whether your generation, storage and distribution of Restricted Content is lawful where you are, where any Depicted Person is, and where your audience is. We make no representation that the Service or any Output is lawful in your jurisdiction.

5. Depicted Persons and Consent

This Section applies whenever your Input or Output contains or is derived from a real, identifiable person. Breach of it is always a material breach and always grounds for immediate termination without refund.

5.1 The rule. You may not use the Service to generate, edit, store, publish or distribute content depicting a Depicted Person unless, before you generate it, you hold a valid Consent Record for that person which complies with this Section and remains in force.

5.2 Including yourself. If you are the Depicted Person, you must still create a Consent Record confirming that the person depicted is you. Self-depiction is the simplest case of the requirement, not an exemption from it.

5.3 What a valid Consent Record contains. Each Depicted Person the Consent Record must contain all of the following.

(a) Identity. Their full legal name, their date of birth, and a copy of a government-issued photographic identity document showing that they were at least 18 on the date of consent and on the date of every generation.

(b) Verification. Your written confirmation that you checked that document against the Depicted Person and verified their identity and age before the first generation.

(c) Signed written consent. A written consent, signed personally by the Depicted Person and dated, that expressly covers each of the following:
(i) being depicted in the content;
(ii) the use and upload of their images, video and audio on the Service, as a third-party website;
(iii) those images, video and audio being AI-edited, modified or enhanced, including into fully synthetic images and video;
(iv) public distribution of the resulting content on each platform where you publish it;
(v) downloading of the resulting content by you and, where a platform allows it, by viewers; and
(vi) commercial use of the resulting content.

(d) Restricted Content. Where the content is to be Restricted Content, a separate and express statement of consent to that specific category.

(e) Who obtained it. The identity of the person who obtained the consent, their relationship to the Depicted Person, the date of consent and any expiry.

(f) Agencies. Where consent is given through an agency or management company, evidence that the party giving it is authorised and that the Depicted Person has signed personally.

A Consent Record that is missing any of these items is not valid.

5.4 Quality of consent. Consent must be specific, informed, freely given and revocable. A general photographic model release, a platform’s terms of service, a verbal agreement, a chat message, an implied consent, or consent obtained by pressure or deception does not satisfy this Section. Consent that does not expressly mention AI generation does not cover AI generation, and consent to non-explicit use never extends to Restricted Content.

5.5 Withdrawal. If a Depicted Person withdraws consent you must, within 24 hours, stop generating content depicting them, disable or delete any character model or persona asset trained on them, take down content depicting them from every channel within your control, and notify us at legal@fanscreator.ai. We may independently disable the relevant assets and content. Withdrawal does not entitle you to a refund.

5.6 Records. Each time you create a likeness or character model from a real person, you must confirm in the Service that you hold a valid Consent Record for that person. We record each confirmation with its time, IP address and Account, and you must not upload material depicting a real person without giving it. You must retain the underlying Consent Record for at least seven years after the last generation or publication, whichever is later. You must produce it to us within 48 hours of a written request, and immediately where we tell you the request comes from a law-enforcement authority, a regulator, a payment provider or a card scheme. Failure or delay in producing it is itself a material breach and creates a rebuttable presumption, as between you and us, that no valid Consent Record existed.

5.7 Warranties. You represent and warrant, on a continuing basis and afresh on every generation, that every Depicted Person is a real person who was at least 18 years old when the reference material was created and at the time of every generation; that you hold a valid, current Consent Record for each of them meeting 5.3; that each Consent Record is genuine and unaltered; and that your use of the Output is within the scope of the consent given.

5.8 Your liability. You accept sole and full liability for every consequence of depicting any person through the Service, including civil claims by the Depicted Person, claims for breach of image, personality, publicity, privacy or data-protection rights, defamation claims, regulatory action and criminal proceedings. That liability is not reduced, shared or transferred by anything we do, including our provision of consent-record tooling, our review of any Consent Record, our failure to detect a breach, or any statement by our staff. Our moderation is a risk-management measure for our own benefit; it is not a compliance service for you, it creates no duty of care to you or to any Depicted Person, and you must not represent to anyone that our systems verify consent.

5.9 Public figures. Generating content depicting a public figure, celebrity, politician or influencer without a valid Consent Record is prohibited. Parody, satire, commentary and artistic-expression arguments will not be accepted by us as a defence in relation to Restricted Content, whatever their status in your jurisdiction.

5.10 Composites and near-likenesses. This Section applies to any content that a reasonable person would identify as a particular real individual, including content produced from partial references, composites, style transfers, face swaps, lookalikes and models trained on a small number of images. Blending several real people’s features does not make the result synthetic; if a Depicted Person is recognisable, this Section applies.

5.11 Synthetic personas. Content depicting a wholly fictional, non-identifiable adult persona does not need a Consent Record, but you must be able to demonstrate on request that no real person was used as a reference and that the persona is not recognisable as any real individual. You remain responsible for ensuring that a synthetic persona does not appear to be under 18: apparent age governs, and declaring a persona to be an adult does not cure a youthful appearance.

5.12 Biometric data. Building a character model, persona asset or face swap from reference material can involve deriving facial-geometry measurements and similar biometric data from a Depicted Person. Where the law applying to you or to the Depicted Person treats that as biometric data, you are responsible for obtaining any additional consent that law requires, and your Consent Record must cover it expressly. You must not submit a biometric identifier of any person you are not entitled to depict. We derive Biometric Data only in order to verify identity, to produce the Outputs and assets you have asked for, and to screen content for safety and legal compliance, including detecting depictions of public figures. Apart from that screening, we never use it to identify, authenticate, track or match any person, and we retain it as described in the Privacy Policy.

5.13 No identification use. You must not use the Service, or any Output, to identify, verify, authenticate, track, match or surveil any person, or to build, train or contribute to any facial-recognition or biometric identification database, whether for yourself or for anyone else.

6. Acceptable Use Policy

This Section forms part of the Agreement and prevails over any other provision.

6.1 Absolute prohibitions

You must never use the Service, or attempt to use it, to generate, request, upload, store, transmit, publish or distribute:

1. any sexual or sexualised content involving a minor, or any content that depicts or appears to depict a minor in a sexual, nude or sexualised manner. This applies whether the depiction is of a real child, a synthetic child, a fictional character, an adult presented as a child, or an ambiguous figure. Apparent age governs; stated ages, disclaimers, fictional-universe framing and stylised or animated rendering are irrelevant and are not a defence;
2. any content that sexualises childhood, including school settings, children’s clothing or toys combined with sexual content;
3. any sexual content depicting a real person without a valid Consent Record, including non-consensual intimate imagery and face-swap or deepfake pornography;
4. any content depicting non-consensual sexual activity, rape, sexual assault, incest, sexual violence, or coercion presented as real or as endorsement;
5. any content depicting bestiality, necrophilia, or sexual activity with a person who is unconscious, asleep, intoxicated or otherwise incapable of consenting;
6. any content depicting, promoting or facilitating human trafficking, sex trafficking, physical abuse, sexual exploitation or the exploitation of a vulnerable person, and any use of the Service that promotes or facilitates any of them;
7. any content produced to blackmail, extort, harass, stalk or intimidate any person;
8. terrorist content, incitement to violence, or the glorification of atrocities.

Breach of 6.1(1) or 6.1(2) results in immediate and permanent termination of every Account you hold or control, forfeiture of all fees and credits, preservation of the relevant material and account data, and a report to the competent law-enforcement authority and hotline, in every case and without exception.

6.2 Further prohibitions

You must not use the Service to:

• produce content that infringes anyone’s intellectual property, including recognisable copyrighted characters, branded material or another creator’s protected work;
• impersonate any person or entity, including us, or misrepresent your affiliation with anyone;
• produce content that harasses, defames, threatens, degrades on the basis of a protected characteristic, or incites hatred;
• produce, promote or facilitate fraud, scams, phishing, malware or financial crime, including romance scams and catfishing;
• circumvent, disable, probe or defeat any content filter, safety classifier, age check, consent check, watermark or usage limit, including by prompt injection, jailbreaking or obfuscated prompting;
• scrape, crawl or bulk-download from the Service, or reverse engineer, decompile, distil or attempt to extract the weights, architecture or training data of any model;
• use Outputs to train, fine-tune or distil any AI model, other than a character model you create inside the Service from your own Inputs;
• resell, sublicense, rent, white-label or act as a pass-through for the Service without independent added value, except under an Enterprise Agreement;
• interfere with the Service’s operation or security, including by overloading, denial of service, injecting malicious code, or accessing another user’s Account or content;
• identify, verify, authenticate, track, match or surveil any person using the Service or any Output, or build or contribute to any facial-recognition or biometric identification database;
• use the Service for any purpose prohibited by applicable law, or in breach of the terms of any platform on which you publish the Output.

6.3 Third-party models and platforms

Some features are powered by third-party models. When you use one, you must also comply with that provider’s acceptable-use policy as updated from time to time, and where it is stricter it governs your use of that feature. You must also comply with the content rules of any platform on which you publish Outputs and with the rules of the card schemes and payment providers we use. We may impose additional content restrictions at any time, with immediate effect, where a payment provider, card scheme, hosting provider or model provider requires it.

6.4 Reporting

To report content or conduct that breaches this Section, contact legal@fanscreator.ai with a description of the content, its location and your contact details. Reports of suspected child sexual abuse material should be marked URGENT in the subject line, and may also be made directly to the competent national authority and, in the European Union, through the INHOPE hotline network. We review and resolve every report within five business days of receipt, as set out in Section 7.4.

7. Moderation and Reporting

7.1 Pre-publication review. Every Input you upload and every Output is screened before it is stored in your Account or made available to view, download or publish. Screening uses automated classification and hash-matching, with human review of flagged items. Content that fails screening, or that we cannot clear, is blocked and is not made available. Uploads we identify as depicting a public figure are blocked unless you have provided a Consent Record that we have accepted. You consent to this review. We may also review, block and remove content at any later time.

7.2 What we may do. We may, at our discretion and without prior notice where the circumstances reasonably require it: refuse to process an Input; block, remove or disable any Output or content; disable a character model or persona asset; restrict, downgrade or suspend an Account; require verification or production of a Consent Record; preserve content and account data as evidence; disclose your identity and account data to a complainant asserting a rights violation, to a regulator, to a payment provider or to a law-enforcement authority; and terminate under Section 11.

7.3 Statement of reasons. Where we restrict content you provided, we will give you a statement of reasons in accordance with Article 17 of Regulation (EU) 2022/2065 (the Digital Services Act), including the ground, the facts relied on, whether automated means were used and how to appeal, unless doing so would prejudice an investigation or is otherwise prohibited.

7.4 Notice and action. Anyone may notify us of content they consider illegal by writing to legal@fanscreator.ai with an electronic address for reply, a sufficiently substantiated explanation of why the content is illegal, its exact location, and a confirmation of good faith. We will acknowledge receipt, review and resolve every report within five business days of receipt, and notify the outcome. Where a review shows that content is illegal, we remove it immediately.

7.5 Non-consensual intimate imagery. If intimate content depicting you, or a person you are authorised to represent, has been made available through the Service without consent, write to legal@fanscreator.ai with URGENT in the subject line, enough information to identify the content and the depicted person, and a statement that it was created or shared without consent. We will remove validly reported content, and remove or disable identical copies of which we are aware, within 48 hours of a valid request, and we will disable any associated character model or persona asset. We will not require the reporting person to provide identity documents as a precondition of urgent removal.

7.6 Appeals. You may appeal any moderation decision by writing to legal@fanscreator.ai within six months, setting out why you consider the decision wrong. Appeals are reviewed by a person who was not involved in the original decision. You may also pursue out-of-court dispute settlement under Article 21 of the Digital Services Act, and you retain the right to go to court. Appeals against decisions under 6.1(1) or 6.1(2) are reviewed but will not be upheld save on clear evidence of misidentification.

7.7 Repeat infringers. We suspend, after prior warning and for a reasonable period, the provision of the Service to users who frequently provide manifestly illegal content, and the processing of notices from persons who frequently submit manifestly unfounded ones.

7.8 Law enforcement. We retain generation logs, moderation decisions, verification data and consent records for the periods set out in the Privacy Policy. Where required or permitted, we cooperate fully with law-enforcement authorities, including by preserving and disclosing content, account data, IP logs and payment data. We will tell you about a disclosure unless we are prohibited from doing so or notification would prejudice an investigation.

7.9 Removal requests. If we notify you in good faith that content of yours must be removed, you must promptly stop using and distributing it, delete it from all systems within your control, and not regenerate substantially the same content.

7.10 No duty to you. Our moderation systems exist to protect us, third parties and the public. Nothing in this Section creates a duty of care to you, an obligation to detect a breach, or a warranty that content we have not removed is lawful. You must not rely on our moderation as a substitute for your own legal compliance.

7.11 Removal requests by depicted persons. Any person depicted in content on the Service may ask us to remove it by writing to legal@fanscreator.ai. We will check whether a valid Consent Record exists. If valid consent is not shown, or the person shows that their consent is void under applicable law, we remove the content and disable any associated character model with immediate effect. If we disagree that consent is void, the person may refer the disagreement to an independent neutral body, and we bear the cost of that process.

7.12 Reports to payment providers. We keep a record of all content flagged as potentially illegal or in breach of this Agreement, the action we took, and every complaint and removal request we receive. We provide that record each month to our payment providers and, on request, to the card schemes.

8. Fees, Subscriptions and Credits

8.1 Payment processing. Payments are processed by our payment service provider. You give your payment details directly to them and are bound by their terms and privacy notice; we do not store full card numbers. Transactions may be subject to fraud and verification checks, and we are not responsible if your issuer declines a payment or charges you a fee.

8.2 Fees. You must pay all fees and charges incurred on your Account at the rates in force when they fall due. By giving us your payment details you authorise us and our payment provider to charge your payment method for all amounts due without further notice. Keep your payment details current; failure to do so, or our inability to collect, is a material breach.

8.3 Taxes. Fees are exclusive of VAT and any other applicable tax, which we add where we are required to collect it. You must provide a valid VAT number where you have one and are responsible for any reverse-charge obligation. If any amount is subject to tax you have not remitted, you are responsible for it and for any penalty or interest.

8.4 Credits. Credits are prepaid amounts usable only within the Service. They have no cash value and are non-transferable and non-redeemable for cash except where the law requires. Subscription credits are allocated per billing period and do not roll over. Add-on credit packs are valid for 90 days from purchase. Promotional credits expire on the terms stated when issued.

8.5 Promotions. We do not offer a permanent free tier. We may from time to time run promotions that grant promotional credits or a period of free access. Promotional access is granted at our discretion, may be withdrawn or varied at any time, is subject to any additional terms disclosed when it is offered, and unless we say otherwise converts to a paid subscription at the end of the promotional period at our then-current price, which we will charge to your payment method until you cancel. You may cancel before the promotional period ends to avoid being charged.

8.6 Subscriptions and renewal. A subscription renews automatically for successive periods of the same length at our then-current price unless cancelled before the end of the current period. We will give at least 30 days’ notice by email of any price increase, which takes effect only from your next renewal.

8.7 Cancelling. You can cancel at any time from the billing section of your dashboard. Cancellation takes effect at the end of the current period; you keep access until then and are not charged again. Where mandatory law entitles you to cancel by another route, write to hello@fanscreator.ai from the email address registered on the Account. Cancellation does not delete your Account or Your Content, which are dealt with under Section 11.

8.8 Failed payments. If a scheduled payment fails, the Account becomes past due and access may be limited or suspended. You have 14 days from the failed payment to update your payment method, after which we may terminate the subscription. Your obligation to pay outstanding amounts survives suspension and termination.

8.9 Refunds. Fees are non-refundable. As a goodwill matter we may refund an initial purchase requested within 7 days where no credits from it have been used; this does not apply to renewals. Where we terminate for your breach, all fees paid are non-refundable and all credits are forfeited to the extent permitted by law. Where we terminate without cause under 11.3, we refund the pro-rata unused portion of any prepaid subscription fee and any unused purchased credits, other than promotional credits. Nothing in this clause limits any mandatory statutory right that applies to you under Section 1.2.

8.10 Chargebacks. If you initiate a chargeback or payment dispute in respect of a charge that is validly due, we may suspend your Account immediately, and you must pay us the disputed amount together with any chargeback fee, scheme fee and reasonable administrative cost we incur. Initiating a chargeback in bad faith is a material breach.

9. API and Developer Terms

This Section applies in addition to the rest of the Agreement if you access the Service programmatically.

9.1 API keys. API keys are confidential credentials issued for your use only. You must not share, sell, publish or embed them in client-side or publicly accessible code, and you must store them with industry-standard encryption and access controls. You are responsible for all activity under your keys, authorised or not. Notify us within 24 hours of any suspected compromise. We may require key rotation and may revoke any key at any time.

9.2 Your end users. You are solely responsible for the acts and omissions of every end user of any application you build on the Service. You must ensure that each of them is 18 or over, that any end user generating Restricted Content is verified to a standard at least equivalent to Section 4, and that they hold Consent Records meeting Section 5 for every Depicted Person. You must be able to identify the end user responsible for any given generation and to produce that identification and the associated Consent Record within 48 hours of our request. You must not make the API available on a standalone basis, as a pass-through or as a service bureau without independent added value.

9.3 Flow-down. Sections 4, 5, 6, 7 and 10 flow down to your end users in full. A breach by your end user is treated as your breach for all purposes, including the indemnity in Section 10.

9.4 Data protection. You must comply with applicable data-protection law, provide legally adequate privacy notices to your end users, obtain all necessary consents including explicit consent for special-category and biometric data, and implement appropriate technical and organisational measures. Where we process personal data on your behalf, Section 13 applies.

9.5 Usage limits. We may impose and change limits on call volume, request frequency, concurrency, payload size, bandwidth and compute at any time, and may enforce them by rate limiting, throttling, queuing or suspension. You must not circumvent them, including by spreading traffic across Accounts.

9.6 Outputs. You are solely responsible for evaluating the accuracy, legality and appropriateness of every Output for your use case and your end users, for any AI disclosure required by law, and for not representing Outputs as human-generated.

9.7 Monitoring and suspension. We may monitor API use for compliance, security and quality, and you must cooperate with reasonable requests for information to verify compliance. We may suspend or restrict API access immediately and without notice where we reasonably believe your use poses a security risk, degrades the Service, involves compromised keys, breaches this Agreement, or where suspension is required by law or a competent authority.

9.8 Changes and beta features. We may modify, version or discontinue any part of the API at any time, and you are responsible for keeping your integrations compatible. Features labelled beta, preview or experimental are provided without warranty and may change or be withdrawn without notice.

9.9 Vulnerabilities. You must not exploit any security vulnerability you discover. Report it to legal@fanscreator.ai and give us a reasonable opportunity to remediate before disclosing it to anyone else.

10. Warranties, Indemnity and Liability

10.1 Continuing warranties. You represent and warrant, each time you use the Service, that you meet Section 2, that all information you have given us is true and current, that you comply with Sections 4, 5 and 6, that you hold all necessary rights and Consent Records, and that your use of the Service and of every Output is lawful in every jurisdiction in which you use, publish or distribute it.

10.2 Indemnity. You will indemnify us, our affiliates and our and their officers, employees, contractors and agents, in full and on demand, against all claims, demands, proceedings, losses, damages, fines, penalties, regulatory sanctions, chargebacks, scheme fines, settlements, costs and expenses, including legal and forensic fees on a full-indemnity basis, arising out of or in connection with: Your Content, Inputs or Outputs; your breach of this Agreement, and in particular of Section 5 or Section 6; any claim by a Depicted Person; your violation of any third party’s rights; your violation of any law, including data-protection, sanctions and export-control law; and any dispute between you and a third party relating to your use of the Service or of any Output.

10.3 Costs of investigation. Where we investigate a suspected breach by you of Section 5 or Section 6 and the breach is established, you will reimburse our reasonable costs of that investigation, including staff time at our standard rates, forensic and legal fees, and the cost of preserving, reviewing or producing material to a complainant, a payment provider, a regulator or a law-enforcement authority.

10.4 Conduct of claims. We may assume exclusive conduct of the defence and settlement of any matter covered by 10.2, at your cost, and you will cooperate fully. You must not settle or admit liability in any matter that could result in a claim against us without our prior written consent.

10.5 Cooperation. You will cooperate promptly and fully with any investigation we conduct into a suspected breach, including by producing Consent Records, source material, generation logs and identity information within the times in 5.6, and by making available any person who operated your Account. Failure to cooperate is a separate material breach.

10.6 Set-off. We may set off any amount you owe us under this Section against any amount we owe you, including credits, unused prepaid fees and pending payouts.

10.7 Service provided as is. To the fullest extent permitted by law, the Service and every Output are provided as is and as available, with all faults. We disclaim all warranties, conditions and representations not expressly stated in this Agreement, whether express or implied, including as to merchantability, fitness for a particular purpose, accuracy, uninterrupted or error-free operation and non-infringement.

10.8 Outputs. We make no representation or warranty as to the originality, uniqueness, legality, accuracy or fitness of any Output. Outputs may contain errors, artefacts, offensive material or elements resembling third-party content. We do not perform rights clearance on your Inputs or Outputs. Outputs are not professional advice of any kind.

10.9 Third-party infrastructure. The Service depends on third-party compute, hosting, model and payment providers. Output quality, generation speed, latency, queue times and availability may be affected by their performance or availability. We do not guarantee any particular speed, throughput or quality; estimates are indicative only. We are not liable for any delay, interruption, degraded performance or reduced quality attributable to them, or for their decision to restrict or withdraw a model or service.

10.10 Excluded loss. To the fullest extent permitted by law, we are not liable for loss of profit, revenue, business, goodwill, anticipated savings, opportunity or data, for business interruption, for the cost of substitute services, or for any indirect or consequential loss, whether or not foreseeable and whether or not we were advised of the possibility.

10.11 Cap. Subject to 10.12, our total aggregate liability to you arising out of or in connection with this Agreement and the Service, whether in contract, tort including negligence, restitution, breach of statutory duty or otherwise, is limited to the greater of the total amount you paid us in the twelve months before the event giving rise to the liability and EUR 100.

10.12 What we never exclude. Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, for intent or gross negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded or limited, including under the Law of Obligations Act and under any mandatory consumer protection that applies to you.

10.13 Your own acts. We are not liable for any loss arising from your breach of this Agreement, your failure to obtain a valid Consent Record, your use of an Output in a jurisdiction where it is unlawful, your loss of access to a third-party platform or payment provider, or the acts of any person you allow to use your Account.

10.14 Basis of the bargain. You acknowledge that the allocation of risk in Sections 5, 6 and 10 is a fundamental element of the pricing of the Service and of the parties’ bargain.

11. Term, Suspension and Termination

11.1 Termination by you. You may terminate at any time by cancelling your subscription under 8.7 and deleting your Account.

11.2 Termination by us for cause. We may suspend or terminate your access immediately and without notice if you materially breach this Agreement or if we are required to do so by law or by a competent authority. Each of the following is a material breach: any breach of Section 5 or Section 6; providing false verification information; failing to produce a Consent Record within the time required; allowing anyone under 18 to use the Account; a chargeback made in bad faith; circumventing safety systems or usage limits; and re-registering after a ban. Breach of 6.1(1) or 6.1(2) results in immediate permanent termination of every Account you hold or control. For non-material breaches we will, where practicable, give notice and a reasonable opportunity to cure.

11.3 Termination without cause by us. We may terminate this Agreement or your access without cause on 30 days’ written notice, with the refund consequences in 8.9.

11.4 Effect. On termination your right to use the Service ends immediately. Your rights in Outputs you have already exported survive. Where we terminate for cause, all fees paid are non-refundable, all credits are forfeited to the extent permitted by law, and we may bar your further access. Clauses 3.2, 3.3, 3.9, 4.6, 7.8, 8.8, 8.10, 11.4 and 11.5 and Sections 5, 6, 10 and 12, and any other provision which by its nature should survive, survive termination.

11.5 Deletion and retention. If you delete your Account we retain Your Content for 30 days, during which you may ask us to restore it, after which it is permanently deleted from our active systems. This does not apply to data we are required to retain by law; to verification data, consent records, generation logs and moderation records retained for the periods set out in the Privacy Policy; to anonymised or aggregated data; or to content preserved under a legal hold or at the request of a law-enforcement authority. Deleting your Account does not extinguish your liability under Section 10 or your record-keeping obligation under 5.6.

11.6 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, cyber attack, network or internet outage, strike, failure or withdrawal of a connected AI model, provider or API, sanctions, changes in law, and shortages of energy, labour or materials.

12. Governing Law and General Provisions

12.1 Governing law. This Agreement and any non-contractual obligation arising out of it are governed by the law of the Republic of Estonia, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

12.2 Disputes. Any dispute arising out of or in connection with this Agreement, including any question about its existence, validity or termination, will be finally settled by arbitration under the rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry, before a single arbitrator, seated in Tallinn, conducted in English. Either party may apply to a court for interim or protective relief, and we may bring proceedings for unpaid fees in any court of competent jurisdiction. Where mandatory law prevents this clause from applying to you, the courts of Harju County, Estonia have jurisdiction, without prejudice to any right you have to bring or defend proceedings in the courts of your country of residence.

12.3 Complaints. Please raise any complaint with us first at hello@fanscreator.ai; we will respond within 14 days.

12.4 Individual claims. You may bring claims only in your own name and not as a representative or member of a class or collective proceeding, save where mandatory law provides otherwise.

12.5 Notices. Notices to us go to legal@fanscreator.ai and, where written notice is required, also to our registered address. Notices to you go to the email address on your Account; you are responsible for keeping it valid, and a notice sent to an invalid address you supplied is still effective. You consent to receiving communications electronically and agree that they satisfy any legal requirement of writing.

12.6 Assignment. You may not assign or transfer this Agreement or any right or obligation under it without our prior written consent. We may assign or transfer it, in whole or in part, including in connection with a merger, acquisition, reorganisation or sale of assets.

12.7 Severability. If any provision is held invalid or unenforceable, it is to be modified to the minimum extent necessary to make it enforceable while preserving the parties’ intent, or failing that severed, and the remainder is unaffected.

12.8 No waiver. A failure or delay in enforcing any provision is not a waiver of it or of any other provision.

12.9 Entire agreement. This Agreement is the entire agreement between the parties on its subject matter and supersedes all prior discussions, representations and understandings. Neither party has relied on any statement not set out in it, save that nothing limits liability for fraudulent misrepresentation.

12.10 Language. This Agreement is concluded in English. If we publish a translation and there is a conflict, the English version governs, except where mandatory law requires otherwise.

12.11 Headings. Headings are for convenience only and do not affect interpretation.

13. Data Processing Terms

This Section applies where you use the Service to process personal data for which you are the controller, whether through a Workspace or through the API. It forms the agreement required by Article 28(3) of Regulation (EU) 2016/679 (the GDPR), and no separate signature is needed. If we have signed a separate data processing agreement with you, that agreement prevails.

13.1 Roles. You are the controller and we are the processor in respect of personal data contained in Your Content and in any data you or your end users submit through the Service. We are an independent controller in respect of the data described in our Privacy Policy as processed for our own purposes, which includes account administration, verification, moderation, safety, security, fraud prevention, legal compliance and improvement of the Service. This Section does not apply to that processing.

13.2 Subject matter and details. The subject matter is the provision of the Service. The duration is the term of the Agreement plus the retention periods in our Privacy Policy. The nature and purpose is the generation, processing, storage and transmission of content at your instruction, and the related hosting, support and security. The types of personal data may include names, contact details, images, video, audio, likenesses, biometric data derived from images, and data contained in prompts and reference material. The categories of data subject may include your personnel, your end users, your clients and persons depicted in your content.

13.3 Our obligations. We will:

• process the personal data only on your documented instructions, which are given by your use of the Service and by this Agreement, including as to transfers, unless we are required to process by EU or member-state law, in which case we will tell you unless that law prohibits it;
• ensure that the people we authorise to process the data are bound by confidentiality;
• implement the technical and organisational measures described in our Privacy Policy, which we may update provided the level of security is not reduced;
• assist you, by appropriate technical and organisational measures and taking into account the nature of the processing, in responding to requests from data subjects exercising their rights;
• assist you with your obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to us;
• at your choice, delete or return the personal data at the end of the provision of the Service, and delete existing copies, except to the extent we are required to retain them by law or for the purposes set out in our Privacy Policy;
• make available to you the information reasonably necessary to demonstrate compliance with Article 28, and allow for and contribute to audits, on reasonable notice, no more than once a year unless a supervisory authority requires otherwise, at your cost and subject to confidentiality. Our then-current third-party audit reports or certifications, where we hold any, satisfy this obligation in the first instance;
• notify you without undue delay after becoming aware of a personal data breach affecting the personal data we process for you.

13.4 Sub-processors. You give us general authorisation to engage sub-processors, including the categories described in our Privacy Policy. We impose data-protection obligations on each of them that are no less protective than those in this Section, and we remain liable to you for their performance. We will make available a current list of sub-processors on request and will give you reasonable notice of any intended addition or replacement, which you may object to on reasonable data-protection grounds; if we cannot resolve your objection you may terminate the affected part of the Service.

13.5 Transfers. Where personal data is transferred outside the European Economic Area, we rely on an adequacy decision or on the European Commission’s Standard Contractual Clauses, which are incorporated into this Section by reference, with us as data importer where we act as processor and the relevant module applying.

13.6 Your instructions. You warrant that your instructions, including your use of the Service, comply with applicable data-protection law, that you have a lawful basis for the processing, and that you have given all required notices and obtained all required consents, including for any special-category or biometric data. We may refuse or suspend processing that we reasonably believe would put us in breach of applicable law.

13.7 Assistance costs. We provide the assistance in 13.3 at no charge where it can be met through the self-service features of the Service. Where it requires significant additional work, we may charge our reasonable costs.

2026 fanscreator.ai © All rights reserved