Terms of Service

FANS NOTIFIER – Terms of Service

Please read Terms of Services (hereinafter referred to as the “Terms”) before using our service.

1. About Terms of Services

1.1 The Terms outline the conditions for the use of FANS NOTIFIER application service (hereinafter referred to as the “Service” or ” FAS NOTIFIER “), the details of which are set forth in Article 2, provided by [Company Name] (hereinafter referred to as the “Company”) to Users and Creators in association with the ONLY FANS service account and other social media services (hereinafter referred to as the “ONLYFANS Account” and “other social media services”) used by such Users and Creators. By commencing the use of the Service, Users and Creators are deemed to have read and consented to the Terms.

1.2 We primarily communicate remotely. Therefore, it also applies to the Contract between the Company and Users or Creators when purchasing the Service, that means of remote communication are used, which allow parties to come to an agreement without their physical presence.

2. Definitions

2.1 The following terms used herein shall have the corresponding meanings assigned to them below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural:

“FANS NOTIFIER” or “Service” means the FANS NOTIFIER application service, that enables Creators to send push notifications on FANS NOTIFIER application to Users who downloaded FANS NOTIFIER application.

“Other social media services” means Facebook and Google.

“ID, etc.” means the ID of a User or Creator for FANS NOTIFIER Account used by Users and Creators for use of the Service and other information necessary for use of the Service.

“Password” means the password of a User or Creator for FANS NOTIFIER Account used by Users and Creators for use of the Service and other information necessary for use of the Service.

“Creator(s)” means a person who uses FANS NOTIFIER in association with their ONLYFANS Account as a Creator account to post content on ONLYFANS Account to be viewed by other Users.

“User(s)” means a person who uses FANS NOTIFIER and follows a Creator and is able to view the Creator’s content.

“the Company” or “We” refers to ……………………………………………..

“Party” means the Company or a User or Creator.

“Push notification” refers to a message from FANS NOTIFIER application service that pops up at random times on a device of Users or Creators.

“Subscription” means services where a User or Creator can use the Service designated for them for a given period of time by paying a fixed fee.

“Contract” means a contractual relationship created between a User or Creator when they commenced the use of FANS NOTIFIER application service.

3. Contractual Relationship

3.1 The use of this Service is permitted exclusively in accordance with the Terms. By beginning the use of the service, the Users and Creators accept the validity of the Terms in its current version. The conditions of the Terms shall apply to all upgrades, updates, changes, and amendments to the Service and to all services and information available using the Service unless other separate agreements which then take priority are reached for these items. The Terms shall apply exclusively to the relationship between the Company and Users, and Creators.  Contradictory conditions of the Service or conditions which deviate from the Terms shall not apply.

3.2 The Terms shall apply to all Creators and Users.

3.3 The Terms between the Users, Creators and the Company enter into force upon installation of the FANS NOTIFIER, the first use of the Service, or, at the latest, conclusion of registration for the Service. The Terms shall remain in force during the applicable Subscription or until terminated by either Party pursuant to section 14 of the Terms and other instances that allow for termination of the contract between parties in the Terms.

3.4 These are Terms governing the use of the Service and the contract that operates between a User or Creator and the Company. The Terms of Service set out the rights and obligations of all Users and Creators regarding the use of the Service.

3.5 User’s or Creator’s access to and use of the Service is conditioned on the acceptance of and compliance with these Terms. The Terms apply to all visitors, Users, Creators, and others who access or use the Service.

3.6 By accessing or using the Service a User or Creator agree to be bound by the Terms. If a User or Creator disagrees with any part of the Terms, then a User or Creator may not access the Service.

3.7 A User or Creator confirms that they are over the age of 18. The Company does not permit those under 18 to use the Service.

3.8 User’s or Creator’s access to and use of the Service is also conditioned on the acceptance of and compliance with the Privacy Policy of FANS NOTIFIER. The Privacy Policy describes policies and procedures on the collection, use and disclosure of User’s or Creator’s personal information when they use FANS NOTIFIER and talks about User’s or Creator’s privacy rights and how the law protects them. Please read the Privacy Policy carefully before using the Service.

4. The Account

4.1 The use of the Service is only possible following registration. When a User or Creator creates an account on FANS NOTIFIER application service in the registration process, a User or Creator must provide information that is accurate, complete, and current always. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the account on the Service. Also, Users or Creators can register via their social media accounts such as Facebook or Google.

4.2 A User or Creator is responsible for safeguarding the password that they use to access the Service and for any activities or actions under their password.

4.3 A User or Creator agrees not to disclose a password to any third party. A User or Creator must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of their account.

4.4 A User or Creator may not use as a username, a name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than a User or Creator without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

4.5 Users and Creators can purchase FANS NOTIFIER. Creators can avail FANS NOTIFIER application service during promotional periods.

4.6 Users and Creators, after securing the service, must verify their identity during the installation of FANS NOTIFIER.

4.7 Creators, after the installation of FANS NOTIFIER, gain the ability to send push notifications.

4.8 The Company may change or add to the purchasing fee for FANS NOTIFIER by announcing or notifying Users and Creators to such effect.

4.9 Users and Creators pay the purchasing fee for FANS NOTIFIER through the Stripe platform.

4.10 A User can open the User’s account that allows a User to receive push notifications from Creators.

4.11 A Creator can open the Creator’s account that allows a Creator to send push notifications to Users.

4.12 Users can opt out from receiving push notifications, they can turn them off in their device’s settings.

5. Fees

5.1 The use of FANS NOTIFIER by Users and Creators requires a fee. The price list is offered at the time of registration process. The applicable VAT shall apply in addition to the fee.

5.2 The Company can change the fees for FANS NOTIFIER by means of a unilateral declaration with a notification period of at least ……………….. weeks/month and will in such an event inform a User or Creator in writing form sent to their email accounts. If a User or Creator has ordered the service with the annual termination option, fee changes shall only be possible with a notification period of ……………months and in the event of a price increase, a User or Creator can terminate the contract effective upon the increase in price. A User or Creator can only exercise his right to terminate in writing within ……………… month of receipt of the notification of the price increase. If a User or Creator does not exercise his right to terminate, the price change shall automatically take effect at the stated date.

5.3 Invoices or receipts shall be issued by the Stripe platform after making a payment through the Stripe platform.

6. Subscription

6.1 Users or Creators can order Subscription under the conditions prescribed by the Term. The payment method thereof is defined in 4.9 of the Terms.

6.2 As a registered User or Creator, they can order FANS NOTIFIER though its application service. The order process is divided into three steps: In the first step, a User or Creator selects the desired use category and contract term (monthly or yearly). In the second step, the User’s or Creator’s data is confirmed and completed as necessary, and the payment method is selected. In the third step, a User or Creator can review the order sending a binding request by clicking on the order button. Having done so, a User or Creator has submitted a binding request. A User or Creator shall receive an e-mail confirmation of the receipt and acceptance of the order. Upon receipt of this e-mail, the contract has been created.

6.3 Subscription terms are:

1. one (1) month,
2. 3 (three) months or
3. one (1) year.

6.4 Users or Creators may take procedures for the cancellation of Subscription at any time.  Provided, however, that even if a User or Creator takes the procedures for cancellation prior to the intended period of use, a User or Creator may not change such period of use, nor may a User or Creator cancel the purchase of the Subscription. In such case, the fees already paid will not be refunded, nor will there be any refund on a pro rata basis. However, the foregoing will not apply if laws or regulations require otherwise.

6.5 If a User or Creator registers for a free trial for Service, the Company will make it available to a User or Creator on a trial basis free of charge until the earlier of:

(a) the end of the free trial period for which a User or Creator is registered to use the applicable Service(s),

(b) the start date of any Subscription to such Service purchased by a User or Creator for such Service(s) or,

(c) termination of the trial by the Company in the sole discretion.

6.6 The conditions of use for a free trial are the same as for paid Subscription of Service, except for the duration of a free trial. A User or Creator is entitled to use Service as a free trial for thirty (30) days. The free trial starts at the day of registration, provided that a User or Creator selects a free trial option.

7. The right to withdraw of EU consumer

7.1 If a User or Creator is a consumer in or from  EU, i.e. a person purchasing goods or services (in this case Subscription of FANS NOTIFIER), outside the scope of a  business activity, a User or Creator as  a consumer has the right to withdraw from the Terms without giving a reason within 14 days from the date of delivery of services – Subscription of FANS NOTIFIER, in accordance with the provisions of article 9 of Directive 2011/83/EU of The European Parliament and of The Council of 25 October 2011.

7.2 In the event that a User or Creator is a consumer in or from EU, they can withdraw from the Agreement in any demonstrable way (in particular by sending an e-mail to ……………………..or a letter to our contact address……………….). For withdrawal, a User or Creator can also use the sample form provided by the Company, which forms Annex No. 1 of the Terms.

7.3 The refund will be issued in the form of original payment to the User’s or Creator’s account. The refund transaction will take to process 10 -14 days.

8. Refunds

Except for User’s or Creator’s right to withdraw under section 7 of the Terms, no refunds for Subscription or other fees or payments will be provided if a User or Creator terminates a Subscription to a Service or cancels its Account prior to the end of a Subscription Term. The Company will refund only the termination of Subscription when a User or Creator cancel Subscription to the end of a Subscription Term.

9. Promotions

Any Promotions made available through Service may be governed by rules that are separate from the Terms. The separate rules will be available via FANS NOTIFIER alongside of a Promotion. If a User or Creator participates in any Promotions, they are obliged to review the applicable rules as well as the Privacy policy. If the rules for a Promotion conflict with the Terms, the Promotion rules will apply.

10. Prohibited use

10.1 FANS NOTIFIER cannot be used illegally or for any purpose prohibited in the Terms, nor can it be used to infringe on the legal rights and interests of other persons or organizations. The Company reserves the right to bar any such activity.

10.2 A User or Creator shall not use any form of device, program, algorithm, or any identical or similar manual tools, to access, obtain, copy, or monitor any part of FANS NOTIFIER application service. Additionally, a User or Creator shall not visit, obtain, or copy any materials, documents, or information on Service by any method not provided by FANS NOTIFIER.

10.3 A User or Creator shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to Service, its Content, or any part of Service. A User or Creator shall not trace, reverse lookup, decrypt, or decode any User’s or Creator’s information on Service, including but not limited to the IDs of User’s or Creator’s other than them.

10.4 A User or Creator shall not violate any of the security mechanisms or authentication measures utilized by or linked to Service. A User or Creator shall not probe, scan, or otherwise test for any network weaknesses of Service, nor launch any form of attack against it.

10.5 A User or Creator agree not to use any device, software, or program to interfere or attempt to interfere with the regular operation of Service or any transactions performed on Service, or to interfere or attempt to interfere with the use of Service by others. A User or Creator shall not undertake any actions that store unreasonable or disproportionate amounts of data on Service’s infrastructure, system, or network, or on systems or networks that are linked to Service.

11. Copyright policy

11.1 The Company respects the intellectual property rights of others and protects all Intellectual Property Rights related to FANS NOTIFIER. The Service and its original content (excluding content provided by Creators), features and functionality constitute the Intellectual Property belonging to the Company. Any Intellectual Property related FANS NOTIFIER, for example the trademark of FANS NOTIFIER, exclusive content created by FANS NOTIFIER, and other subject m atters protected by Intellectual Property Laws, cannot be used in connection with any product or service without the prior written consent of the Company.

11.2 If a User or Creator is a copyright owner, or authorized on behalf of one, and they believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, a User or Creator must submit the notice in writing to the attention of our copyright agent via email ……………………………….. and include in the notice a detailed description of the alleged infringement. A User or Creator may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing copyright.

11.3 If a User or Creator in or from USA believes that their copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via this Service, please notify the Company’ Copyright Agent on …………………………………, as set forth in the Digital Millenium Copyright Act (further only as “DMCA”). For the complaint to be valid under DMCA, a User or Creator must provide the following information in writing:

1. a) A physical or electronic signature of the copyright holder or a person authorized to act on behalf of the copyright holder.
2. b) Identification of the specific copyrighted work(s) claimed to have been infringed.
3. c) Identification of the material that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (e.g. URL).
4. d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and e-mail address.
5. e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized.
6. f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright holder.

11.4 Upon receipt of a complaint under articles 11.2 and 11.3 of the Terms, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

12. Gathering user data through selected services

12.1 FANS NOTIFIER application gathers User’s and Creator’s data through separate services such as Google Analytics, Facebook PIXEL, and Google Tag Manager.

12.2 FANS NOTIFIER application gathers User’s and Creator’s data through separate social media platforms such as Facebook and Google, when a User od Creator register through their accounts on these social media platforms.

12.3 FANS NOTIFIER application gathers User’s and Creator’s data through server and domain analytics. Some gathered User’s and Creator’s data are public.

12.3 The User’s and Creator’s data are gathered and used in accordance with internal policies of these separated services, Terms, the Company’s Privacy Policy, and binding laws.

13. Hyperlinks to Other Websites

FANS NOTIFIER application service may contain hyperlinks to third party websites. The Company does not assume responsibility for the contents of these websites and does not claim these websites and their contents as its own. A User or Creator further acknowledges and agrees that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

14. Feedback

If A User or Creator chooses to give us feedback, such as suggestions to improve our services, we may act on the feedback without obligation to them.

15. Termination

15.1 The Company may terminate or suspend a User’s or Creator’s account immediately, without prior notice or liability and any refunds, for any reason whatsoever, including without limitation if a User or Creator breaches the Term.

15.2 Upon termination, User’s or Creator’s right to use the Service will cease immediately. If a User or Creator wishes to terminate the Account, they may simply discontinue using the Service.

15.3 In special circumstances upon the Company decision, the Company reserves the right to suspend User’s or Creator’s access to the Account and gives thirty (30) days to a User or Creator to remedy a breach. If the breach id not remedied within thirty (30) days after receiving written notice of the breach from the Company, the Company may terminate the Term immediately upon notice to a User or Creator.

16. Limitation of Liability

16.1 Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) shall either party to this agreement, or their respective affiliates, officers, directors, employees, agents, service providers, suppliers or licensors, be liable to the other party or its affiliates for any lost profits, lost sales or business, lost data (where such data is lost in the course of transmission via FANS NOTIFIER), business interruption, loss of goodwill, costs of cover or replacement, or for any other type of indirect, incidental, special, exemplary, consequential or punitive loss or damages, or for any other indirect loss or damages incurred by the other party or its affiliates in connection with the Terms, the Services or professional services, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.

16.2. Some jurisdictions do not allow excluding of implied warranties or limitation of liability for incidental or consequential damages or for a party’s own fraud, wilful injury to the person or property of another, or violation of law, which means that some of the above limitations may not apply, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

17. “AS IS” and “AS AVAILABLE” Disclaimer

17.1 The Service is provided to a User or Creator “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet a User or Creator requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

17.2 Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon,

(ii) that the Service will be uninterrupted or error-free,

(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service, or

(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

17.3 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to a certain User or Creator. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

18. Governing Law

The laws of the Country where FANS NOTIFIER is used, excluding its conflicts of law rules, shall govern the Terms and the use of FANS NOTIFIER. A User’ or Creator’s use of FANS NOTIFIER may also be subject to other local, state, national, or international laws.

19. Disputes Resolution

In the event of any dispute between the Company and a User or Creator arising out of or in connection with their use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

20. European Union (EU) Users or Creators who are also Consumers

European Union (EU) Users or Creators who are also Consumers will benefit from any mandatory provisions of the law of the country in which they are residents in.

21. The United States Legal Compliance

21.1 If a User or Creator accesses the Services from the United States, you are responsible for compliance with local laws in relation to use of the Services.

21.2 A User or Creator represents and warrants that:

(i) a User or Creator is not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and

(ii) a User or Creator is not listed on any United States government list of prohibited or restricted parties.

22. Unforeseen events

The Company will not be in violation of the Terms to the extent we are unable to provide the Services due to an act of God, natural disaster, casualty, accident, shortage of labour or materials, website interruption or computer system failure, act of government, law, rule, or regulation, act of terrorism, or similar type of event or occurrence beyond our control.

22. Severability and Waiver

The Terms shall be deemed severable, and the invalidity or unenforceability of any definition or provision hereof shall not affect the validity or enforceability of the Terms or of any other clause or provision hereof. Should any definition or provision of the Terms be declared void or unenforceable by any court of competent jurisdiction, the Parties intend that a substitute provision will be added to the Terms that, to the greatest extent possible, achieves the intended result of the original provision. The failure of either Party to enforce any rights granted to it hereunder or to take action against the other Party in the event of any breach hereunder will not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

23. Indemnification

A User or Creator agrees to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with User’s or Creator’s use of the Service.

24. Translation Interpretation

The Terms may have been translated in the respective language if We have made them available to Users or Creators within the Service. Users or Creators agree that the original English text shall prevail in the case of a dispute.

25. Changes to These Terms of Service

25.1 The Company may revise the Terms in any of the following cases.

25.2 In the foregoing case, we will make public, by indicating on the Service, or notifying Users and Creators according to a method prescribed by the Company, to the effect that the Terms will be revised, as well as the subject matter and effective date of the revised version of the Terms. In the case of item (2) below, we will make the revision public a reasonable period (minimum 30 days) before the effective date of the revision. The revised version of the Terms shall come into effect from:

(1) when revision to the Terms conforms to the general interests of Users and/or Creators; or

(2) when revision to the Terms is not in breach of the purpose of any contract and is rational considering the necessity of such revision, appropriateness of the subject matter after revision, and other circumstances concerning the revision.

26. Contact

In the event of any questions about the Terms, please can contact us:

By visiting this page on our website:

By sending us an email:

ANNEX NO. 1 – CONTRACT WITHDRAWAL FORM

Addressee: [TO BE ADDED].

I hereby declare that in accordance with the provisions of article 9 of Directive 2011/83/EU of The European Parliament and of The Council of 25 October 2011 based on a contract concluded at a distance or a contract concluded outside the seller’s premises I withdraw from the contract:

The date:

Signature: