Terms of Service

Fanlush (the “Service”, “we”, “us”) is operated by:

Trade name

MDS Digital

Legal form

Libero Professionista (Italian sole trader)

Registered seat

Salita Foti, 5, basico — 98060 (ME), Italia

P. IVA

IT03873120830

Contact

contact@fanlush.com

These Terms are published in English. Legal information is provided in compliance with art. 7 of D.Lgs. 70/2003 (Italian e-commerce decree).

These Terms apply whenever you access the Service. We may modify these Terms at any time; changes are effective immediately for new users and thirty (30) days after notice for existing registered users. We will update the “Effective as of” date above and, where material, notify you by email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

You may use Fanlush only if you are at least eighteen (18) years of age. This minimum aligns with the legal capacity to enter into binding contracts under Italian law (art. 2 of the Italian Civil Code) and with the identification and anti-money-laundering requirements applicable to our payment processing. You additionally represent that:

• you are able to form a binding contract under applicable law;
• you are not prohibited from using the Service under the laws of your country of residence;
• you are not a user whose account has previously been suspended or terminated for violating these Terms.

You are responsible for ensuring that your use of the Service complies with all laws applicable to you. We reserve the right to deny or terminate access to any user at our sole discretion.

Fanlush is an online platform that enables users to:

• browse and follow creators;
• subscribe to creators through paid membership tiers;
• unlock pay-per-view (“PPV”) posts;
• send tips and exchange direct messages with creators;
• engage with other users through likes, comments, and shared content.

Content, features, and prices available on the Service are determined by the respective creators and by us, and may change without notice. We do not guarantee uninterrupted availability of any specific content, feature, or creator.

Fanlush is a strictly safe-for-work platform. Adult, sexually explicit, and fetish content is not permitted; see Section 6 (Content Standards) for details.

Creator onboarding notice. Public creator registration is temporarily disabled. Fanlush currently operates under private written agreements with a limited number of onboarded creators. New creator applications are not being accepted through the Service at this time.

To access most features you must register an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

We may require additional identity or age verification documents at any time to comply with applicable law, including anti-money laundering rules and data-protection obligations. Failure to provide such documents may result in suspension or termination of your account.

You are responsible for all equipment, software, and internet connectivity required to access the Service, including any associated fees.

Content Standards (SFW)

Fanlush is a strictly safe-for-work (“SFW”) platform. You shall not create, upload, post, transmit, stream, or otherwise make available through the Service any of the following, whether produced by a human, generated by artificial intelligence, drawn, animated, rendered, or captured from a third-party source:

• nudity or partial nudity, including exposed genitalia, anus, breasts or nipples, or pubic area, whether real, simulated, digitally obscured, or strategically covered;
• sexually explicit or sexually suggestive content, including depictions of sexual acts (actual or simulated), masturbation, arousal, or erotic posing;
• fetish content presented in a sexualized context;
• escort, sex-work, or adult-services solicitation, advertisement, or referral, whether performed on or off the Service;
• content intended primarily to produce sexual arousal, even if non-explicit;
• content depicting gratuitous violence, gore, self-harm, or the promotion of suicide;
• any sexual, sexualized, or nude content depicting minors, whether real, fictional, animated, drawn, rendered, or AI-generated — without exception — in accordance with Italian Law 269/1998 and art. 600-ter of the Italian Criminal Code.

We use a combination of automated detection and human review to enforce these standards. Content that violates them may be removed without notice, and repeat or egregious violations will result in account termination and forfeiture of any pending payouts.

General Conduct

In addition, when using the Service you may not:

• violate any applicable law or regulation, or infringe the rights of any third party (including intellectual property, privacy, or publicity rights);
• post, transmit, or make available content that is unlawful, defamatory, harassing, threatening, hateful, or otherwise objectionable, or that violates the Content Standards set out above;
• impersonate any person or misrepresent your affiliation with any person or entity;
• create, upload, or distribute synthetic or AI-generated media (including images, audio, or video) that depicts an identifiable real person without that person’s documented and verifiable consent, including so-called “deepfakes”;
• upload AI-generated or AI-assisted content without the disclosure required by Section 7 below;
• harass, intimidate, bully, defame, or threaten other users;
• send unsolicited advertising, spam, pyramid schemes, or engage in commercial activities without our prior written consent;
• interfere with, disrupt, or attempt to gain unauthorized access to the Service, related systems, or other accounts;
• upload viruses, worms, trojans, or other malicious code;
• reverse engineer, decompile, scrape, or otherwise attempt to extract source code or bulk data from the Service, except as permitted by mandatory law;
• use automated tools (bots, crawlers, scrapers) to access the Service, except for public search engines to the minimum extent necessary;
• buy, sell, transfer, or sublicense any account or any data obtained through the Service;
• remove, alter, or obscure any copyright, trademark, or other proprietary notice on the Service.

We may monitor, review, and remove content that we determine, at our sole discretion, to violate these Terms, without prior notice.

You retain ownership of content you upload, post, or transmit through the Service (“Your Content”). By making Your Content available on the Service, you grant Fanlush a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of, distribute, publicly perform, and publicly display Your Content solely for the purposes of operating, providing, promoting, and improving the Service.

You represent and warrant that (a) you own or have all necessary rights, licenses, and consents to grant this license; (b) Your Content does not and will not infringe any third-party rights or violate any law, including image-rights (art. 10 of the Italian Civil Code), personality rights, or data-protection law; and (c) where Your Content is AI Content, you have complied with the additional obligations set out in this Section 7.

AI-Generated and AI-Assisted Content

“AI Content” means any content that has been generated, in whole or in material part, by a generative artificial intelligence system, or that has been substantially modified by such a system (including face-swap, voice-clone, and body-morph tools).

If Your Content is AI Content, you must:

• clearly disclose it as AI-generated using the labeling tools provided by the Service, in compliance with art. 50 of Regulation (EU) 2024/1689 (the “EU AI Act”);
• ensure you hold all rights, licenses, and consents required for the training data, input prompts, reference media, and any person whose likeness, voice, or identifying features appear in the output.

You acknowledge that under Italian law (L. 633/1941) and the case-law of the Corte di Cassazione, purely machine-generated output without a human creative contribution may not be eligible for copyright protection. The license you grant us in this Section 7 applies to AI Content to the fullest extent that you hold rights in it.

We may remove, demonetize, or label AI Content that is not disclosed as required, and may suspend accounts that repeatedly fail to comply.

Prohibition on leaking restricted content

“Restricted Content” means any content made available through the Service on a non-public basis, including content visible only to subscribers of a specific creator, pay-per-view (PPV) posts, direct messages, and any media shared within private conversations.

You shall not distribute, post, spread, display, transmit, publish, or otherwise make Restricted Content available to any person or platform outside the Service (a “Leak”), whether publicly or privately, by any means including screenshots, screen recordings, downloads, re-uploads, hyperlinks, or file sharing.

Without limiting any other remedy available to Fanlush or to the affected creator (including suspension or termination of your account and civil or criminal action), if you violate this prohibition, the following liquidated damages shall apply and may be collected through applicable legal remedies:

• Leaking fee: US$ 25 per individual piece of Restricted Content leaked, per site, platform, or medium on which the leaked content is found, with a cap of three (3) instances per piece of content. This amount reflects a good-faith pre-estimate of the administrative, takedown, and reputational costs borne by Fanlush and the affected creator per leaked item on a SFW platform, and is intended as liquidated damages, not as a penalty.
• Remediation fee: an additional US$ 75 if you fail to promptly remove the leaked content from all sites, platforms, and media where it appears upon our written request.

The amounts above are without prejudice to any further damages or remedies available under Italian law, including under art. 2043 of the Italian Civil Code and Law 633/1941 on copyright.

Creating a Fanlush account is free. Certain features, including subscriptions, pay-per-view unlocks, and tips, require payment. All prices are displayed at the point of purchase and are charged in US dollars (US$) unless otherwise stated.

Payments are processed by Stripe, our third-party payment processor. By providing payment details you authorize us and Stripe to charge your payment method for all amounts due. Fanlush does not store full card details on its systems. Your use of Stripe’s payment services is additionally subject to Stripe’s own terms and privacy policy.

The minimum payment amount is US$ 3.00. The maximum payment amount is US$ 300.00 per transaction.

Services provided through the Platform are not subject to VAT, as the provider is registered under the Italian flat-rate tax regime (regime forfettario) pursuant to art. 1, paragraphs 54-89, of Law 190/2014. Should the provider exceed the annual threshold of €10,000 for B2C electronic services supplied to consumers resident in other EU Member States, the VAT of the country of destination will be applied through the One-Stop-Shop (OSS) regime.

Subscriptions renew automatically at the end of each billing period at the then-current price, unless cancelled before the renewal date or unless your payment method is declined. You may cancel at any time from your account; you will continue to enjoy the subscription until the end of the current billing period.

All payments are final and non-refundable, except where required by applicable mandatory law (see Section 9).

We may change prices, fees, or billing terms at any time by posting notice on the Service or by email. Changes do not affect payments already authorized before the change takes effect.

Under art. 52 of the Italian Consumer Code (D.Lgs. 206/2005), consumers resident in the European Union have the right to withdraw from a distance contract within fourteen (14) days without giving any reason.

However, pursuant to art. 59, paragraph 1, letter o) of the Italian Consumer Code, the right of withdrawal does not apply to contracts for the supply of digital content not delivered on a tangible medium once performance has begun with the consumer’s prior express consent and acknowledgement that the right of withdrawal is thereby lost.

By purchasing a subscription, a pay-per-view unlock, or by sending a tip, you expressly request immediate performance of the service, expressly consent to such immediate performance, and expressly acknowledge that you thereby lose the right of withdrawal. No refund will be issued once performance has begun.

If you are a consumer and you believe the service was not provided in conformity with these Terms, you retain the legal guarantees provided by art. 128 et seq. of the Italian Consumer Code.

Fanlush and its underlying software, design, trademarks, and logos are owned by MDS Digital or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms transfers any such rights to you.

If you believe that content on the Service infringes your copyright or other intellectual property rights, you may submit a notice to contact@fanlush.com containing: (a) your identification and contact details; (b) identification of the allegedly infringing content and its URL; (c) identification of the protected work; (d) a statement that you have a good-faith belief that the use is not authorized; (e) a statement that the information provided is accurate; and (f) your signature (including electronic). We will process notices in accordance with the Digital Services Act (Reg. EU 2022/2065) and applicable Italian copyright law (L. 633/1941).

We reserve the right to remove allegedly infringing content, to terminate accounts of repeat infringers, and to disclose information as required by law.

The Service is provided “as is” and “as available”. To the fullest extent permitted by applicable law, Fanlush disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any user content.

To the fullest extent permitted by applicable law, our aggregate liability to you for any claim arising out of or related to the Service shall not exceed the greater of (a) the total amounts paid by you to Fanlush in the one (1) month preceding the event giving rise to the claim, or (b) US$ 100.

Nothing in these Terms excludes or limits our liability for fraud, for fraudulent misrepresentation, for death or personal injury caused by our negligence, for wilful misconduct or gross negligence (dolo o colpa grave, art. 1229 of the Italian Civil Code), or for any other liability that cannot be excluded or limited under applicable mandatory law.

You agree to indemnify, defend, and hold harmless Fanlush and its operators, officers, employees, agents, and licensors from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) Your Content; (b) your use of the Service in breach of these Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws or regulations.

You may terminate these Terms at any time by closing your account. We may suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have breached these Terms, that your conduct may harm Fanlush or other users, or that suspension is required by law.

Upon termination, your right to access the Service ends immediately. We may delete Your Content and account data, subject to any legal retention obligations and to our Privacy Policy. Sections that by their nature should survive termination (including ownership, content licenses, disclaimers, limitations of liability, indemnification, and governing law) shall survive.

No refunds will be issued upon termination, except where required by applicable mandatory law.

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of Italy, without regard to conflict of law principles.

Any dispute shall be submitted to the exclusive jurisdiction of the Tribunale di Messina, Italy. Where you act as a consumer, the competent court shall be the court of your place of residence or domicile in Italy, as provided by art. 66-bis of the Italian Consumer Code.

Consumers resident in the European Union may also submit a dispute to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

General Provisions

These Terms (together with any policies referenced herein, including the Privacy Policy) constitute the entire agreement between you and Fanlush regarding the Service and supersede any prior agreements. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision shall not constitute a waiver. You may not assign these Terms without our prior written consent; we may assign them freely to a successor or affiliate. Notices to us must be sent to contact@fanlush.com; notices to you may be sent to the email address associated with your account.