These Terms of Service (these “Terms”) are a binding agreement between you and Subcreate Inc., a Delaware corporation (“subcreate,” the “Company,” “we,” “us,” or “our”), the operator of the website located at subcreate.co and all related services (collectively, the “Platform”).
These Terms are organized in four parts:
Part A: General Terms, which apply to every user of the Platform;
Part B: Subscriber Terms, which additionally apply to users who purchase Platform Subscriptions or Studio Subscriptions (“Subscribers”);
Part C: Creator Terms, which additionally apply to users who offer content through the Platform (“Creators”); and
Part D: Content Standards, AI-Generated Content Policy, and Reporting, which apply to every user of the Platform.
If you act as both a Subscriber and a Creator, Parts B and C both apply to you in the respective capacities.
PART A: GENERAL TERMS
Section A-1: Definitions
“Account” means the registered user account you create on the Platform.
“Annual Subscription” means a Platform Subscription with an initial fixed term of twelve (12) months, as described in Section B-3.
“Content” means any text, image, video, audio, or other material uploaded, posted, or transmitted through the Platform.
“Creator Content” means Content that a Creator offers through the Platform, including Exclusive Content.
“Exclusive Content” means Creator Content made available only to Subscribers of the applicable Studio.
“Fan Payment” means any payment a Subscriber makes through the Platform, including Platform Subscription fees, Studio Subscription fees, and any one-time payments.
“Platform Fee” means any percentage of Studio Subscription payments that the Company retains as its fee, as stated in Section C-3. The Platform Fee is currently zero percent (0%).
“Platform Subscription” means a recurring subscription purchased from the Company granting access to the Platform’s paid features at the tier you select (currently Basic or Pro), billed monthly or, for an Annual Subscription, for an initial term of twelve (12) months.
“Studio” means a subscription offering owned and operated by a single Creator, consisting of that Creator’s Exclusive Content and access to that Creator’s exclusive community.
“Studio Subscription” means a recurring monthly subscription purchased through the Platform granting access to a Studio’s Exclusive Content and exclusive community, paid to the Studio-owning Creator as described in Sections B-1 and C-3.
“User,” “you,” and “your” mean any person who accesses or uses the Platform in any capacity.
Section A-2: Acceptance of These Terms
You accept these Terms by clicking “Create Account,” “Continue with Google,” or “Continue with Apple” (or an equivalently labeled control) at Account registration. The registration screen states that by doing so you are creating a Subcreate account and accept these Terms and the Privacy Policy, and it displays links to both documents adjacent to that statement. You may not register an Account without completing that affirmative act. We keep a record of the date and time of your acceptance and the version of these Terms you accepted.
If you use the Platform without registering an Account, you may browse only those pages made publicly available, and your use of those pages is subject to Part A and Part D of these Terms.
Section A-3: Eligibility and Age Requirements
You must be at least eighteen (18) years of age to access or use the Platform in any capacity, including creating an Account, purchasing any subscription, or offering Creator Content. The Platform is not directed to children or minors, and persons under eighteen (18) may not use the Platform.
By creating an Account you represent and affirm that you are at least eighteen (18) years of age, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Platform under any applicable law or under the rules of our payment processor. This representation is part of your acceptance of these Terms under Section A-2.
We do not collect your date of birth or verify your age at Account registration. We may nonetheless require age or identity verification at any time, and we may suspend or terminate any Account that fails or refuses verification. If we learn that a person under eighteen (18) has created an Account, we will terminate the Account and delete associated personal information as described in the Privacy Policy.
Section A-4: Accounts and Security
You must provide accurate and current registration information and keep it updated.
You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account. You must notify us promptly at support@subcreate.co of any unauthorized use.
You may register only one Account unless we authorize otherwise in writing. A single Account may be used as a Subscriber and, once Creator onboarding is complete, as a Creator.
We may refuse registration, reclaim usernames, or require username changes where a username infringes third-party rights or misleads other Users.
Section A-5: License to Use the Platform
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. This license does not include any right to resell the Platform, scrape or harvest data from it, or access it by automated means except through interfaces we expressly provide.
Section A-6: Acceptable Use
You agree that you will not:
use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
upload, post, or transmit Content that is illegal in any jurisdiction where it is made available, that depicts or exploits any person under eighteen (18) years of age, that constitutes non-consensual intimate imagery, or that you do not have all necessary rights and consents to post;
upload, post, or transmit mature or adult content of any kind, which the Platform does not permit, as further described in Part D;
infringe any intellectual property, privacy, or publicity right of any person;
harass, threaten, defame, or defraud any other User;
circumvent, or attempt to circumvent, the Platform’s payment systems, including soliciting or making payments for Creator Content outside the Platform;
reverse engineer, decompile, or disassemble any portion of the Platform;
transmit malware, spam, or unsolicited commercial messages;
impersonate any person or misrepresent your affiliation with any person or entity;
misrepresent the manner in which Content was created, including by presenting AI-generated work without the disclosure required by Part D;
record, capture, distribute, or republish Creator Content outside the Platform without the Creator’s and the Company’s authorization; or
use the Platform in any manner that violates the acceptable use policies of our payment processors, including the categories of prohibited businesses and content published by Stripe, as described in Section C-8.
Section A-7: User Content; Ownership and License
You own your Content. As between you and the Company, you retain all ownership rights in Content you create and post.
License to the Company. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers as needed to operate the Platform) license to host, store, reproduce, transmit, display, and distribute your Content, solely for the purposes of operating, promoting, and improving the Platform and as directed by your distribution settings. This license ends when you delete the Content or your Account, except (a) where Content has already been shared with others who have not deleted it, (b) for limited backup and legal-compliance retention as described in the Privacy Policy, and (c) for Content included in promotional materials with your separate consent.
Feedback. If you submit suggestions or feedback, we may use them without restriction or compensation.
No AI-training use. The license in paragraph 2 does not include, and the Company does not claim, any right to use your Content to train generative artificial intelligence models, whether the Company’s own or a third party’s.
Section A-8: Content Moderation
We do not undertake to pre-screen all Content, but we reserve the right to review, restrict, remove, or refuse any Content at any time, at our discretion, including Content we believe violates Section A-6, Part D, the law, or the requirements of our payment processors.
We may suspend or terminate Accounts of Users who violate these Terms, as further described in Section A-12.
We operate the reporting mechanism described in Part D, Section D-4, through which any User may report Content believed to violate these Terms.
Section A-9: Copyright Policy; DMCA Notice and Takedown
Policy. The Company respects the intellectual property rights of others and expects Users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), and we will terminate, in appropriate circumstances, the Accounts of Users who are repeat infringers.
Designated Agent. Notices of claimed infringement must be sent to our designated agent, which is registered with the U.S. Copyright Office under DMCA designated agent registration number DMCA-1079781. Agent name: Copyright Agent. Mailing address: Copyright Agent, Subcreate Inc., 28 Geary Street, Suite 650 PMB 5008, San Francisco, CA 94108. Email: copyright@subcreate.co.
Notice requirements. To be effective, a notice must include, in accordance with 17 U.S.C. § 512(c)(3): (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it (a direct URL is preferred); (d) the complaining party’s contact information; (e) a statement that the complaining party has a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the owner.
Takedown and notification. Upon receipt of a compliant notice, we will expeditiously remove or disable access to the identified material and will take reasonable steps to notify the User who posted it.
Counter-notification. A User whose material has been removed may submit a counter-notification to the Copyright Agent at the address or email above containing the elements required by 17 U.S.C. § 512(g)(3), including the User’s consent to the jurisdiction of the federal district court for the judicial district in which the User’s address is located (or, for Users outside the United States, the Middle District of Florida), and consent to accept service of process from the complaining party. If we receive a compliant counter-notification, we will forward it to the complaining party and will restore the removed material in not less than ten (10) and not more than fourteen (14) business days after receipt, unless the complaining party notifies us that it has filed an action seeking a court order.
Repeat infringers. We will terminate the Account of any User determined, in our reasonable discretion, to be a repeat infringer. We apply a three-strike framework as a guideline but reserve discretion to terminate on a first violation for egregious infringement.
Misrepresentation. Any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages under 17 U.S.C. § 512(f).
Relationship to in-Platform reporting. The “Stolen/Copyright” report category described in Section D-4 is a convenience for flagging Content within the Platform. It is not a substitute for a DMCA notice, and a copyright owner seeking the statutory takedown process described in this Section must submit a notice meeting the requirements of paragraph 3 to the Copyright Agent.
Section A-10: Intellectual Property of the Company
The Platform, including its software, design, trademarks, and all content provided by the Company (excluding User Content), is owned by the Company or its licensors and is protected by intellectual property laws. No rights are granted to you except as expressly stated in these Terms.
Section A-11: Third-Party Services
The Platform relies on third-party services, including payment processing and hosting. Your use of those services may be subject to the third parties’ own terms, including the payment processor’s services agreement. We are not responsible for third-party services we do not control.
Section A-12: Suspension and Termination
By you. You may terminate your Account at any time through your Account settings or by written request to support@subcreate.co. Termination of a Subscriber Account does not entitle you to a refund; the no-refund policy of Section B-4 applies, including to the unused remainder of an Annual Subscription term. Termination of a Creator Account is subject to the payout provisions of Part C.
By us. We may suspend or terminate your Account, with or without notice, if we reasonably believe you have violated these Terms, if required by law or by our payment processor, or to protect the Platform or its Users. Where practicable and lawful, we will give you notice and an opportunity to cure non-egregious violations.
Effect. Upon termination, your license under Section A-5 ends and you lose access to your Account and to any Content or subscriptions associated with it. Sections A-7(2) (to the extent stated), A-9, A-13, A-14, A-15, A-16, Part D, and the payment and indemnity obligations of Parts B and C survive termination.
Section A-13: Disclaimers; Limitation of Liability
Disclaimer. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY IS AN INTERMEDIARY PLATFORM AND IS NOT A PARTY TO THE RELATIONSHIP BETWEEN ANY CREATOR AND ANY SUBSCRIBER; THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY USER CONTENT.
Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (INCLUDING, FOR CREATORS, ANY PLATFORM FEE THE COMPANY RETAINED FROM YOUR STUDIO SUBSCRIPTION PAYMENTS IN THAT PERIOD), OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA.
Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or for gross negligence where such limitation is prohibited. Some jurisdictions do not allow certain exclusions, so portions of this Section may not apply to you.
Section A-14: Governing Law; Forum
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and by applicable federal law.
Except as provided in Section A-15, the state and federal courts located in Duval County, Florida will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Platform, and you consent to personal jurisdiction and venue there.
Claims are subject to the time limits provided by the applicable statute of limitations.
Section A-15: Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES CLASS AND REPRESENTATIVE PROCEEDINGS, UNLESS YOU OPT OUT AS DESCRIBED IN PARAGRAPH 4. THIS SECTION CONTROLS OVER SECTION A-14(2) FOR CLAIMS WITHIN ITS SCOPE.
Agreement to arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the arbitration is commenced, except as this Section provides otherwise. The Federal Arbitration Act, 9 U.S.C. §§ 1 through 16, governs the interpretation and enforcement of this Section.
Small claims carve-out. Either party may bring an individual claim in small claims court in a court of competent jurisdiction instead of arbitration, and either party may seek to have a Dispute heard in small claims court if the Dispute qualifies, including after an arbitration has been commenced.
Arbitration costs. The Company will pay all AAA administrative fees and all arbitrator fees and expenses that exceed the amount of the filing fee you would have paid to file the claim in the small claims court for Duval County, Florida. Each party bears its own attorneys’ fees except where applicable law provides otherwise.
Thirty-day opt-out right. You may opt out of this arbitration agreement, without penalty and without affecting any other provision of these Terms, by sending written notice by physical mail, postmarked within thirty (30) days after you first accept these Terms, to: Subcreate Inc., Attn: Arbitration Opt-Out, 28 Geary Street, Suite 650 PMB 5008, San Francisco, CA 94108. Your notice must include your full legal name, your mailing address, the email address associated with your Account, and an explicit statement that you wish to opt out of the arbitration provision. If you opt out, Section A-14 governs all Disputes.
Procedure. The arbitration will be conducted by a single arbitrator, in English, by videoconference or by written submissions unless the arbitrator determines an in-person hearing is necessary, in which case the hearing will occur in the county where you reside or another mutually agreed location. The arbitrator has exclusive authority to resolve Disputes about the interpretation, applicability, or enforceability of this Section, except that a court decides the enforceability of the class action waiver in paragraph 7.
Mass-arbitration protocol. If twenty-five (25) or more demands for arbitration are filed against the Company that raise similar claims and are filed by or with the assistance of the same or coordinated counsel, the parties agree that the demands will be administered in staged batches under the AAA’s Mass Arbitration Supplementary Rules and related fee schedules in effect when the demands are filed (or a comparable batching or multiple-case-filing procedure the AAA adopts): the AAA will administer an initial batch of up to twenty-five (25) demands, and fees will be assessed only for demands in an active batch. The parties will engage in a global mediation after resolution of the initial batch, and remaining demands will proceed in successive batches thereafter. This paragraph is intended to allocate filing costs proportionately over time; it does not waive, cap, or diminish any claimant’s substantive rights or remedies, and no claimant’s demand may be dismissed or indefinitely deferred by operation of this paragraph.
Class action waiver; severability of the waiver. Disputes will be arbitrated only on an individual basis. Neither you nor the Company may participate in a class, collective, consolidated, or representative action in arbitration under this Section. IF A COURT OR ARBITRATOR OF COMPETENT JURISDICTION FINALLY DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST) WILL PROCEED IN THE COURTS DESCRIBED IN SECTION A-14, AND THE REMAINDER OF THIS ARBITRATION AGREEMENT REMAINS IN FULL FORCE FOR ALL OTHER CLAIMS. THE INVALIDATION OF THIS CLASS ACTION WAIVER DOES NOT INVALIDATE THE AGREEMENT TO ARBITRATE ITSELF.
Changes to this Section. Any material change to this Section will not apply to a Dispute of which the Company had written notice before the change, and any material change will be subject to the renewed-assent and opt-out requirements of Section A-16(2).
Section A-16: Changes to These Terms
We may update these Terms from time to time. For material changes (including changes to fees, refund or cancellation terms, dispute resolution, or the license you grant in Section A-7), we will provide at least fifteen (15) days’ advance notice by email to your registered address and by prominent notice on the Platform before the change takes effect.
For material changes, your continued use after the effective date constitutes acceptance only if we have provided the advance notice described above; for changes to dispute-resolution or arbitration provisions, we will require renewed affirmative assent or provide an opt-out mechanism for existing Users.
We will not rely on a change to the “Last Updated” date as the sole means of notifying you of a material change.
Non-material changes (such as clarifications and typographical corrections) may be made by posting the updated Terms with a revised “Last Updated” date.
Section A-17: Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any policies expressly incorporated by reference, are the entire agreement between you and the Company regarding the Platform.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. Our failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. You may not assign these Terms. We may assign these Terms in connection with a merger, acquisition, or sale of assets, subject to the Privacy Policy’s business-transfer provisions.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Contact. Questions about these Terms may be directed to support@subcreate.co, or by mail to Subcreate Inc., 28 Geary Street, Suite 650 PMB 5008, San Francisco, CA 94108.
PART B: SUBSCRIBER TERMS
The provisions of this Part B apply to Subscribers in addition to Part A and Part D.
Section B-1: Subscriptions
Two forms of subscription. Subscribers may purchase two forms of recurring subscription through the Platform: Platform Subscriptions (access to the Platform’s paid features at the Basic or Pro tier, purchased from the Company) and Studio Subscriptions (access to a Studio’s Exclusive Content and exclusive community, purchased from the Studio-owning Creator). Each Studio is owned and operated by a single Creator; a Studio Subscription is a subscription to that one Creator’s Studio, and there is no revenue split among Creators. Platform Subscriptions are available monthly or as Annual Subscriptions under Section B-3; Studio Subscriptions are available monthly only. Both forms are billed, renewed, and cancelled on the terms of this Part B.
Price disclosure. Before you confirm any subscription, we will display the total amount you will be charged, inclusive of any payment-processing fee payable by you and exclusive of applicable taxes, which will also be shown before you confirm the purchase.
Merchant of record. Your subscription provides access to the applicable Platform features or Exclusive Content through the Platform. For Studio Subscriptions, the Studio-owning Creator, through the Creator’s connected account with our payment processor, is the merchant of record for billing purposes, and the Creator’s information may appear on your bank or billing statement. For Platform Subscriptions, the Company is the merchant of record. The Company does not create, control, or guarantee any Creator Content.
Section B-2: Billing; Automatic Renewal; Free Trial
Disclosure before charge. Before you confirm any subscription, we will display: the subscription price, the billing frequency, the date of the first charge, the fact that the subscription renews automatically until cancelled, the date by which you must cancel to avoid the next charge (or the frequency at which that deadline recurs), and how to cancel.
Automatic renewal. Subscriptions renew automatically at the end of each billing cycle (monthly for Studio Subscriptions and monthly Platform Subscriptions; for Annual Subscriptions, as stated in Section B-3), and your payment method will be charged at the then-current price at the start of each renewal cycle. You authorize these recurring charges by the affirmative act of confirming the subscription after the disclosures in paragraph 1 are displayed.
Price changes. If a subscription price changes, the new price applies only to subsequent billing cycles, and we will notify you at least seven (7) days and not more than thirty (30) days before the first charge at the new price, with cancellation instructions included in that notice. For Annual Subscriptions, the renewal notice described in Section B-3(4) states the price of the renewal term. If you are a resident of New York and we charge you at an increased price without first obtaining your affirmative consent to that increased price, you may cancel the subscription at any time within fourteen (14) days after that charge and receive a pro rata refund of the portion of the term charged at the increased price that remains after your cancellation, notwithstanding Section B-4.
Annual reminder. For as long as any subscription of yours renews automatically, we will send you a reminder at least once per year identifying the subscription, the frequency and amount of the charges, and how to cancel.
Free trial. Where we offer a fourteen (14) day free trial of a Platform Subscription, you select the tier (Basic or Pro) and the billing period (monthly or annual) before the trial begins, and you must add a payment method for the trial to start. Before you enter your payment method, we will display the date on which the trial ends and converts to a paid subscription and the amount that will be charged on that date. Unless you cancel before the trial ends, your payment method will be charged that amount on that date, and your subscription then continues as a monthly Platform Subscription under this Section or as an Annual Subscription under Section B-3, according to the billing period you selected. You may cancel during the trial through your Account settings, and no charge is made if you do so.
Acknowledgment of your subscription. Promptly after you subscribe, we will send you an email you can retain that states the subscription you purchased, the price and billing frequency, the automatic-renewal terms, the date by which you must cancel to avoid the next charge (or the frequency at which that deadline recurs), our cancellation policy, and how to cancel.
Payment processing. Payments are processed by our third-party payment processor, Stripe. We do not store your full card number. Your payment method information is handled as described in the Privacy Policy.
Section B-3: Annual Subscriptions (Fixed Twelve-Month Term)
Annual plan. Platform Subscriptions are offered both monthly and with an initial fixed term of twelve (12) months (an “Annual Subscription”). Studio Subscriptions are not offered as Annual Subscriptions. The full price of an Annual Subscription for the initial twelve (12) month term is charged once, in advance, at the start of the term. Before you confirm an Annual Subscription, we will display: the length of the initial term; the total amount you will be charged for the full initial term and that this amount is charged in full at the start of the term; the fact that the subscription renews automatically as described in paragraph 3; and how to cancel.
Cancellation during the term. You may submit a cancellation at any time through your Account settings, using the same self-service mechanism described in Section B-5. Cancellation of an Annual Subscription takes effect at the end of the then-current twelve (12) month term: you retain access through the end of the term, and no further renewal charge will occur. There is no early-termination charge. Consistent with Section B-4, no refund is issued for the unused remainder of a term.
Renewal after the initial term. At the end of the initial term, and at the end of each renewal term, the Annual Subscription renews automatically for a successive twelve (12) month term at the then-current price, charged in full at the start of the renewal term, unless you cancel before the renewal date.
Renewal notice. Before each renewal of a twelve (12) month term, we will send you a notice, at least fifteen (15) days and not more than forty-five (45) days before the renewal date, stating that the subscription will renew automatically unless cancelled, the term and price of the renewal, and how to cancel, including a direct link to cancel online. Where the law of your state requires a longer notice window, we will send the notice within the window that state law requires.
Consent. Your Annual Subscription begins only after you take a separate affirmative action consenting to the automatic-renewal terms of this Section, in addition to your acceptance of these Terms.
Trial conversion to an Annual Subscription. If you selected the annual billing period before a free trial under Section B-2(5), the trial converts to an Annual Subscription on the conversion date displayed to you before you entered your payment method, the full annual price displayed to you is charged on that date, and the initial twelve (12) month term runs from that date.
Section B-4: No Refunds
All Fan Payments are final and non-refundable. We do not provide refunds or credits for partially used billing cycles, for unused access, for cancellation before the end of a billing cycle, or for the unused remainder of an Annual Subscription term, for either Platform Subscriptions or Studio Subscriptions.
Notwithstanding paragraph 1, we may, in our sole discretion, issue refunds or credits in cases of duplicate billing, verified technical failure that prevented access to subscribed Content or features for a substantial portion of a billing cycle, or fraud affecting your Account. A discretionary refund in one instance does not obligate us to issue refunds in other instances.
Nothing in this Section limits any non-waivable right you hold under the consumer-protection laws of your jurisdiction.
Section B-5: Cancellation
Self-service cancellation. You may cancel any Platform Subscription or Studio Subscription at any time, entirely on your own, through your Account settings: for Platform Subscriptions, through the “End subscription” control in your profile settings, and for Studio Subscriptions, through the “End Membership” control under “Studio Memberships,” which may complete on a page hosted by our payment processor. Cancellation requires no telephone call, no chat session, and no interaction with support staff, and is at least as simple as the mechanism you used to subscribe.
Effect of cancellation. For monthly Platform Subscriptions and for Studio Subscriptions, cancellation takes effect at the end of your current billing cycle; you retain access to the subscribed features or Content until the end of that cycle, and you will not be charged again. For Annual Subscriptions, cancellation takes effect at the end of the then-current twelve (12) month term as described in Section B-3(2). Consistent with Section B-4, no refund is issued for the remainder of the current cycle or term.
Confirmation. We will send you an email confirming your cancellation of a Platform Subscription or a Studio Subscription and stating the date on which your access to the Platform’s paid features or to the applicable Studio ends.
Section B-6: Chargebacks
If you believe a charge is in error, contact us at billing@subcreate.co before initiating a chargeback, and we will investigate promptly. We reserve the right to suspend Accounts associated with fraudulent or abusive chargeback activity, after review.
Section B-7: Exclusive Content Misuse
Exclusive Content is licensed to you for personal, non-commercial viewing through the Platform only, for so long as your subscription is active and the Creator makes the Content available.
You may not record, screenshot, download (except through features we provide), copy, redistribute, republish, resell, or otherwise exploit Exclusive Content, in whole or in part, on or off the Platform.
You may not share your Account credentials or use another person’s Account to access Exclusive Content without paying for it.
You may not use Exclusive Content, or information obtained through a subscription, to harass, extort, dox, or intimidate any Creator.
Violations of this Section are material breaches of these Terms, are grounds for immediate termination under Section A-12 without refund, and may expose you to civil liability (including to the Creator, as owner of the Content) and criminal penalties. The Company may, but is not obligated to, pursue or assist in pursuing remedies for Exclusive Content misuse on a Creator’s behalf.
PART C: CREATOR TERMS
The provisions of this Part C apply to Creators in addition to Part A and Part D.
Section C-1: Creator Onboarding
Account registration. To create an Account, you provide an email address, password, display name, and profile picture. We do not independently verify your identity at Account registration.
Becoming a Creator. To become a Creator, you must complete Creator onboarding. Adding a payment method on file (including to begin a free trial under Section B-2(5)) is payment authentication only; it is not identity verification and does not establish your identity or age.
Hosting a Studio; payout enrollment. To host a Studio and offer paid subscriptions, you must complete the onboarding process of our payment processor, Stripe, for a connected Stripe account. That process is administered by Stripe under Stripe’s own legal obligations and includes Stripe’s identity verification (know-your-customer review), payout-account setup, and the collection of any tax information and certifications Stripe requires, as further described in Section C-5. We do not separately verify your identity or collect tax forms ourselves, except where required for our own legal obligations.
Approval; processor requirements. Creator status is subject to approval by the Company and to the onboarding and continuing requirements of our payment processor. We may decline or revoke Creator status where required by the processor or by law.
Adults only. Every Creator must be at least eighteen (18) years of age, consistent with Section A-3. Stripe’s own policies independently prohibit persons under eighteen (18) from holding a connected account.
Section C-2: Independent Contractor Status
Creators are independent users of the Platform. Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between any Creator and the Company. Creators are solely responsible for their own taxes, business licenses, and compliance with laws applicable to their Content and business.
Section C-3: Earnings, Platform Fee, and Processing Fees
Platform Subscriptions. Platform Subscription fees are paid to the Company. The Company bears the payment-processing fees charged by our payment processor on Platform Subscription payments.
Studio Subscriptions; no Platform Fee. Studio Subscription payments are processed as direct charges to your connected Stripe account and are not received into any Company account. The Company currently retains no Platform Fee from Studio Subscription payments (a Platform Fee of zero percent (0%)). The amount a Subscriber is charged for a Studio Subscription is the single, all-in price you have set and that is disclosed to the Subscriber before purchase under Section B-1(2); the Platform’s checkout does not add any separate processing-fee line item on top of that price for the Subscriber. Stripe charges its payment-processing fees on each Studio Subscription payment to your connected Stripe account under your agreement with Stripe, and those fees are deducted from the payment before it settles to you, so that the processing fees are funded out of your gross revenue on the transaction rather than collected separately from the Subscriber. The Company does not pay or reimburse those fees. The amount settled to your connected account for each Studio Subscription payment, after any Platform Fee and after the processing fees Stripe deducts, constitutes your earnings (“Creator Earnings”).
Single-Creator Studios. Each Studio is owned by a single Creator, and Studio Subscription payments are not split or allocated among multiple Creators.
Changes. The Company does not currently publish a separate fee schedule. Any introduction of or change to a Platform Fee, or any change in whether and how processing fees are collected from Subscribers under paragraph 2, is a material change subject to the advance-notice requirements of Section A-16.
Section C-4: Payouts
Payouts by Stripe. Studio Subscription payments are charged directly to your connected Stripe account, and your Creator Earnings are paid out by Stripe to the payout method you configure with Stripe, on Stripe’s payout schedule and subject to Stripe’s minimum payout amount (currently one base unit of the applicable currency under Stripe’s policies). The Company does not set a separate payout schedule or minimum payout threshold.
Timing. Payout timing is determined by Stripe under your agreement with Stripe. The Company imposes no settlement delay of its own.
Payout information. You are responsible for maintaining accurate payout information with our payment processor. We are not liable for payouts misdirected due to inaccurate information you provided.
Pauses and suspension. We may request that our payment processor pause payouts, or may suspend your access to the Platform pending resolution, (a) where required by law, court order, or our payment processor; or (b) pending investigation of suspected fraud or material violations of these Terms. Where this occurs, we will notify you and state the reason unless legally prohibited from doing so. We do not otherwise hold, control, or delay Creator funds; payouts are made by Stripe under your agreement with Stripe and Stripe’s payout schedule.
Section C-5: Tax Compliance and Information Reporting
Before receiving any payout, you must provide, through our payment processor’s onboarding process, the taxpayer information and certifications required for United States information reporting: for United States persons, IRS Form W-9 information, and for non-United States persons, the applicable IRS Form W-8 series certification. We may also request tax documentation from you directly where required for our own reporting obligations.
The Company or its payment processor will file information returns as required by law, including IRS Form 1099-K or Form 1099-NEC where applicable thresholds are met, and corresponding state filings. You will receive copies as required by law.
You are solely responsible for reporting and paying all taxes on your Creator Earnings, including income and self-employment taxes. Nothing on the Platform is tax advice, and you should consult your own tax advisor.
We may suspend payouts to any Creator whose tax documentation is missing, expired, or subject to an IRS B-notice or TIN mismatch, until the documentation is corrected. Where backup withholding is required by law, we or our processor will withhold at the applicable statutory rate.
Tax identity information (including Social Security numbers and Employer Identification Numbers) is handled as sensitive information under the Privacy Policy.
Section C-6: Chargebacks and Refunds
Direct liability of the connected account. Fan Payments for Studio Subscriptions are processed as direct charges to the Studio-owning Creator’s connected Stripe account. Under your agreement with Stripe, you (through your connected account) are primarily and directly liable for any Fan Payment that is reversed by chargeback or payment-processor decision, together with any dispute fee imposed by the payment processor. Stripe debits disputed amounts and dispute fees directly from your connected account’s balance and, where that balance is insufficient, may debit the bank account linked to your connected account. The Company does not fund, absorb, or intermediate chargebacks on Creator transactions.
No platform reserve. We do not establish reserves or holdbacks against Creator earnings, and we do not hold or control Creator funds. Stripe may, under its own agreement with you, impose reserves, payout delays, or other risk controls on your connected account; those measures are between you and Stripe.
Excessive chargebacks. Sustained excessive chargeback activity attributable to a Creator’s Content or conduct is grounds for suspension or termination under Section A-12.
Section C-7: Creator Content Representations
For each item of Creator Content you post, you represent and warrant that: (a) you own the Content or hold all rights, licenses, releases, and consents necessary to post it and to grant the license in Section A-7; (b) every person appearing in the Content has given any consent required by law; (c) the Content complies with Section A-6, Part D, and all applicable laws; (d) any disclosure you have made under Section D-2 regarding the use of artificial intelligence in creating the Content is accurate; and (e) the Content does not violate any agreement you have with any third party. You will indemnify and hold harmless the Company from third-party claims arising from your breach of these representations, from your Content, or from your violation of law, including reasonable attorneys’ fees.
Section C-8: Payment Processor Compliance (Stripe Restricted Business Alignment)
The Platform operates in a category that our payment processor, Stripe, classifies as a restricted business category (Content Creation Platforms) subject to enhanced requirements. As a condition of using the Platform, every Creator agrees to comply with the Stripe Services Agreement and Stripe’s prohibited and restricted business requirements, each as updated by Stripe from time to time.
Without limiting Section A-6 or Part D, Creators must not post or monetize through the Platform any content or offering that Stripe’s requirements prohibit for this category, including: mature or adult content of any kind (which the Platform independently prohibits under Part D); content depicting or involving any person under eighteen (18) years of age in a sexualized or exploitative manner; content produced or shared without the documented consent of every person depicted; non-consensual or exploitative material of any kind; content promoting or facilitating illegal activity; and any category of content or transaction that Stripe designates as prohibited for Content Creation Platforms.
The Company relies on its payment processor’s onboarding verification of Creators, and maintains and enforces content monitoring, notice-and-takedown, and chargeback-management processes consistent with its payment processor’s requirements for this category. The Company may modify Platform rules as necessary to maintain payment-processing availability. Loss of payment processing caused by a Creator’s violation of this Section is grounds for immediate termination and recovery of resulting losses.
Section C-9: Creator Account Termination
Upon termination of a Creator Account, any remaining balance in your connected Stripe account is paid out by Stripe under your agreement with Stripe and Stripe’s payout schedule. We do not hold, control, or reserve Creator funds, and chargebacks and dispute fees remain debitable by Stripe from your connected account as described in Section C-6, including after termination. Sections C-2, C-5, C-6, and C-7 survive termination.
PART D: CONTENT STANDARDS, AI-GENERATED CONTENT POLICY, AND REPORTING
The provisions of this Part D apply to every User.
Section D-1: General-Audience Content Standards
The Platform is a general-audience creator platform. Mature or adult content, including sexually explicit material, is not permitted on the Platform in any form, whether posted by a Creator, a Subscriber, or any other User. This prohibition is Platform policy and applies regardless of any content labeling, subscriber age, or Creator setting.
Without limiting Section A-6, Content must not contain: sexually explicit material or sexualized depictions of any person; graphic violence or gore presented for shock value; content that promotes self-harm, eating disorders, or suicide; hate speech or content that dehumanizes any person or group on the basis of protected characteristics; or content that glorifies or facilitates illegal activity.
The Company may remove Content that violates this Section and may suspend or terminate the responsible Account under Section A-12. The Company’s determination of whether Content violates this Section is made in its reasonable discretion.
Section D-2: AI-Generated Content Policy
Disclosure, not prohibition. The Platform permits Creators to post work created with the assistance of artificial intelligence tools, provided the use of those tools is accurately disclosed. What the Platform does not permit is misrepresentation: presenting AI-generated work as though it were created without AI assistance.
Disclosure obligation. When posting Content, each Creator must accurately disclose, using the labeling tools the Platform provides, whether and to what extent the Content was created or materially assisted by artificial intelligence tools, including text-to-image, text-to-video, audio-generation, and comparable generative tools.
Zero-friction generation. Content that appears to be zero-friction, one-shot AI generation (that is, output produced substantially by a single generative prompt without material creative work by the Creator) and that is not disclosed as such may be reported by any User under Section D-4 and is subject to review under Section D-5.
Accuracy is a representation. A Creator’s AI disclosure (or the absence of one) is a representation covered by Section C-7. Deliberate or repeated misrepresentation of the role of AI in creating Content is a material breach of these Terms.
Section D-3: Community Guidelines
The Company may publish community guidelines elaborating on this Part D. Community guidelines are incorporated into these Terms by reference, and the advance-notice requirements of Section A-16 apply to material changes to them.
Section D-4: Reporting Mechanism
Any User may report Content directly through the Platform’s reporting interface. The reporting interface offers the following report categories, which correspond to the standards in these Terms:
“AI Generated”: this work appears to be zero-friction, one-shot AI generation. This category corresponds to the disclosure obligations of Section D-2.
“Inappropriate”: this work contains content that violates community guidelines. This category corresponds to the content standards of Section D-1 and Section A-6.
“Stolen/Copyright”: this work uses someone else’s content without credit or permission. This category corresponds to Section A-6(d) and the copyright policy of Section A-9. As stated in Section A-9(8), a report in this category is not a DMCA notice; copyright owners seeking statutory takedown must follow Section A-9.
Reports are reviewed by the Company as described in Section D-5. Submitting a report does not guarantee removal, and knowingly false or abusive reporting is itself a violation of these Terms.
Section D-5: Review and Enforcement
The Company reviews reported Content and determines, in its reasonable discretion, whether the Content violates these Terms.
If the Company determines that reported Content violates Section D-1, Section A-6, or the community guidelines, the Company may remove the Content and may take Account-level action under Section A-12 depending on the severity and frequency of the violation.
If the Company determines that Content reported under the “AI Generated” category was not accurately disclosed under Section D-2, the Company may require the Creator to correct the disclosure or may remove the Content. Each confirmed violation of Section D-2 is recorded as a strike against the Creator’s Account. A third confirmed violation results in suspension or termination of the Account under Section A-12. The Company reserves discretion to take Account-level action before a third strike for deliberate or egregious misrepresentation.
If the Company determines that Content reported under the “Stolen/Copyright” category infringes another person’s rights, the Company may remove the Content, and repeat violations are handled under the repeat-infringer policy of Section A-9(6).
Where practicable, the Company will notify the affected Creator of removal or enforcement action and the basis for it, and the Creator may respond or appeal by email to moderation@subcreate.co. We will review the appeal and inform the Creator of the outcome.
Acceptance of these Terms occurs by the affirmative act described in Section A-2. No signature block is required.