Fan-Creator Contract

1. Scope

This Agreement applies to every Transaction between a Fan and a Creator conducted through the Platform.

This Agreement is legally binding between the Fan and the Creator and applies to the exclusion of any other terms proposed by either party.

2. Parties

The only parties to this Agreement are:

• the Fan; and
• the Creator

participating in the relevant Transaction.

❗ Cherrypop is not a party to this Agreement and does not act as a seller, provider, or contracting party in any Transaction.

3. Definitions

For the purposes of this Agreement:

• "Creator" means a User who offers digital content or services on the Platform.
• "Fan" means a User who purchases or requests content or services.
• "Content" means any material made available by a Creator, including but not limited to images, videos, text, messages, or other digital media.
• "Transaction" means any paid interaction between a Fan and a Creator, including: purchase of content, custom content requests, tips or other payments.
• "Fan Payment" means the amount paid by a Fan for a Transaction.

4. Formation of Contract

A legally binding contract is formed between the Fan and the Creator when:

• a Fan submits payment for a Creator's content or service; or
• a Creator accepts a custom request submitted by a Fan.

5. Creator Obligations

The Creator agrees to:

• provide the content or service as described;
• ensure all content complies with applicable laws;
• ensure all necessary rights and permissions are obtained;
• ensure that any individuals depicted are at least eighteen (18) years old and have provided informed and explicit consent.

The Creator is solely responsible for the creation, legality, and delivery of content or services.

6. Fan Obligations

The Fan agrees to:

• pay the applicable Fan Payment;
• use the Content only for personal, non-commercial purposes;
• not copy, distribute, reproduce, or share Content without permission;
• not engage in fraudulent or abusive conduct, including unjustified chargebacks.

7. Licence of Content

Upon successful completion of a Transaction:

• the Creator grants the Fan a limited, non-exclusive, non-transferable licence to access and view the Content.

This licence:

• is for personal use only;
• does not transfer ownership of the Content;
• may be revoked in accordance with this Agreement or platform policies.

8. Licence Expiry

The Fan's licence to access Content may terminate without notice if:

• the Fan Payment is reversed, declined, or charged back;
• the Creator removes the Content;
• the Fan's account is suspended or terminated;
• the Fan violates the Terms of Service or platform policies;
• the Fan closes their account.

9. Payments

The Fan agrees to pay the applicable Fan Payment for each Transaction.

Cherrypop is authorised to:

• process payments through third-party providers;
• deduct applicable fees;
• facilitate payouts to Creators.

Cherrypop does not guarantee payment processing or availability.

10. Cancellation and Refunds

All Transactions are generally final and non-refundable, except:

• where required by applicable law; or
• at Cherrypop's sole discretion.

By entering into a Transaction, the Fan acknowledges that digital content or services may be delivered immediately and that certain statutory cancellation rights may not apply.

11. Content Availability

The Fan acknowledges that:

• Content may be removed by the Creator or by Cherrypop at any time;
• access to Content is not guaranteed indefinitely;
• Cherrypop does not guarantee availability, quality, or frequency of content.

12. No Guarantees

The Fan acknowledges that:

• Cherrypop does not guarantee the performance of any Creator;
• access to Content may be interrupted due to technical or other reasons.

All Transactions are undertaken at the Fan's own risk.

13. Liability

The Creator is solely responsible for:

• the content provided;
• compliance with laws;
• fulfillment of Transactions.

Cherrypop is not liable for:

• disputes between Fans and Creators;
• failure to deliver content;
• content quality or accuracy.

14. Disputes

Any disputes arising under this Agreement shall be resolved directly between the Fan and the Creator.

Cherrypop may, at its discretion, assist in resolving disputes but is not obligated to do so.

15. Governing Law

This Agreement shall be governed by the laws of Estonia.

Where applicable, Users may also rely on mandatory consumer protection laws of their country of residence.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.