Terms of Use

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction

These Terms of Use govern your use of FanLabz and your agreement with us. Here are a few key things to note:

We can modify these Terms of Service at any time.
If you purchase a Subscription, it will automatically renew for additional periods of the same duration unless you cancel it.
Your rights may vary depending on where you are resident when you access FanLabz.
If a dispute arises between you and us, you agree to notify us and agree to mediation before bringing any claim against us.

Interpretation

In the Terms of Service:

We refer to our website as "FanLabz", including when accessed via the URL www.fanlabz.com.
References to "we", "our", "us" are references to Fenix International Limited, the operator of FanLabz.
"Business User": a User who uses FanLabz for commercial reasons, whether acting on their own behalf or through someone else, including Referring Users.
"Content": any material Uploaded to FanLabz by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
"Creator": a User who has set up their FanLabz account to post Content for Fans to view.
"Creator Earnings": the portion of a Fan Payment payable to a Creator pursuant to these Terms after deducting all fees and applying all relevant tax laws.
"Consumer": all Users who are not Business Users.
"Creator Interaction": an interaction on FanLabz that grants access to a Creator's Content, including: (i) a Subscription, (ii) a payment for pay-per-view Content, and (iii) any other interaction or payment between a User and a Creator's account or Content, including direct messages.
"Fan": a User who has registered for an account and who can access a Creators' Content via a Creator Interaction.
"Fan Payment": many payment related to a Creator Interaction.
"Include", "Includes", and "Including" also mean "without limitation".
"Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction.
"Notice", "Notify", and "Notification": our attempt to share information with you by: sending a message to your FanLabz account, or sending an email to an address you provide, or posting a letter to the physical address you provide, or sending a text message to or calling a phone number you provide.
"Referring User": a User who participates in the FanLabz Referral Program.
"Contract between Fan and Creator": the terms which govern each Creator Interaction.
"Subscription": a Fan's binding agreement to obtain access for a specific period of time to all content that a Creator makes available to Fans in exchange for authorizing automatic renewal payments. This excludes individually priced content.
"Subsidiary": a legal entity of which Fenix or a Fenix Subsidiary, alone or with other Fenix Subsidiaries, owns, or has the power to vote or control.
"Tax": all forms of tax and statutory, governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction.
"Terms of Service" (also called "your agreement with us"): the legally binding agreement between you and us which consists of: (i) these Terms of Use; (ii) Acceptable Use Policy; (iii) Referral Program Terms; (iv) Platform to Business Regulation Terms; (v) Complaints Policy; (vi) Appeals Policy; (vii) UK VAT Policy; and (viii) Community Guidelines.
"United Kingdom" and UK: the United Kingdom of Great Britain and Northern Ireland.
"Upload": publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
"User": any user of FanLabz, whether a Creator or a Fan or both (also referred to as "you" or "your").

Who we are and how to contact us

FanLabz is operated by Fenix International Limited. We are a limited company registered in England and Wales, with company registration number 10354575 and we have our registered office address at 5901 NW 151st ST Miami Lakes FL 33014. Our VAT number is 268196365. To contact us with questions, please email info@fanlabz.com or use our Contact Form. You may also write to us at 5901 NW 151st ST Miami Lakes FL 33014.

We may change the Terms of Service

Where permitted we may change any part of the Terms of Service without notice:

To reflect changes in applicable laws and regulations; and/or
To address a risk to FanLabz, to us, to Users, or to relevant third parties.

We may also make other changes and will Notify you so you may delete your account before the changes take effect. Once updated you will be bound by the effective Terms of Service if you continue to use FanLabz.

We may change, suspend, or deactivate FanLabz

We may change FanLabz from time to time for any reason. We do not guarantee that FanLabz, or its Content, will always be available or accessible without interruption. We may suspend, withdraw, or restrict the availability of any part of FanLabz.

Registering with FanLabz

By registering with and using FanLabz, you agree to the Terms of Service. If you do not agree, your sole remedy is to not register or stop being a FanLabz User. We may reject an account application for any reason. To use FanLabz you must register and open an account on FanLabz. You must provide a valid email address, a username, and a password or authenticate using an approved third party. Your password must comply with the FanLabz password requirements.

To register as a User and open a Fan account:

You must be at least 18 years old;
You must be able to be legally bound by a contract with us;
You must be legally permitted to join, view Content, and to use any functionality provided by FanLabz;
You must not be convicted of committing a serious crime; and
You agree to pay (where required) for Creator Interactions in accordance with the Terms of Service and the Contract between Fan and Creator.

If you do not meet the above requirements, you must not access or use FanLabz. You may also be asked to provide additional information prior to account approval.

To open a Creator account, you must also:

You must be at least 18 years old;
You must be able to be legally bound by a contract with us;
You must be legally permitted to join, view Content, and to use any functionality provided by FanLabz;
You must not be convicted of committing a serious crime; and
You agree to pay (where required) for Creator Interactions in accordance with the Terms of Service and the Contract between Fan and Creator.

If you do not meet the above requirements, you must not access or use FanLabz. You may also be asked to provide additional information prior to account approval.

Upload a valid form of ID and two photos of you;

Add a bank account, payment details for your bank account, or a payment method;
Select a method (“Payout Option”) for us to transfer Creator Earnings to you;
If you are registered for VAT in the UK, provide your UK VAT number;
Submit additional age or identity verification information any time we ask for it;
Set a monthly subscription price, if any, for your Fans; and
Add Content for Users to view when they subscribe to your account and become your Fans.

Provide any additional information we request, which may vary depending on where you live or your nationality.

Adult material

Some Content on FanLabz contains adult material, and you acknowledge and agree to this when you access FanLabz. We are not responsible for any loss or damage you suffer as a result of how or where you view Content.

Content – general terms

Your Content is not confidential, and you authorize your Fans to access and view your Content on FanLabz for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.

You are legally responsible for all Content you Upload. If you are a Creator and someone else assists you with the operation of your Creator account, this does not affect your legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.

Fan subscriptions and purchases

This section applies to Creator Interactions including Subscription billing and renewals:

Creator Interactions are governed by the Contract between Fan and Creator. We may moderate Content and we facilitate Creator Interactions by providing the FanLabz platform, but we are not a party to the Contract between Fan and Creator or any other contract between a User and a Creator, and we are not responsible for Creator Interactions.

Creators are solely responsible for determining any pricing applicable to Creator Interactions.

All prices appear, and are charged, in USD. Payment providers may charge currency conversion fees.

Fan Payments are exclusive of Indirect Sales Tax, which shall be added at the current rate as applicable to Fan Payments.

When a Creator receives Notice that the Creator Interaction has been confirmed, that Creator must perform their part of the Creator Interaction. Creators agree to indemnify us for any breach of this obligation and are responsible for any loss or damage we suffer as a result of such failure.

Creator payouts

All Fan Payments will be received and processed by a third-party payment provider we approve.

Our Fee is calculated as 20% of the total Fan Payment and will be deducted from each Fan Payment.

Creator Earnings will only be available for withdrawal when reflected in your FanLabz account.

To withdraw Creator Earnings from your FanLabz account, your account balance must meet the minimum payout amount requirement.

All Fan Payments and Creator Earnings are transacted in USD. Your bank or e-wallet company may charge currency conversion or other fees. We do not control currency exchange rates, banking charges, or e-wallet provider charges. We and any Subsidiary are not responsible for paying such charges.

Tax compliance

General:

Creators are responsible for their own Tax affairs and neither we nor any Subsidiary (i) are responsible for advising you on your Tax affairs or liable for any general Tax information provided on FanLabz or by info@fanlabz.com, or (ii) liable for any Creator's non-payment of Tax.

By using FanLabz as a Creator, you warrant that you have reported, and will report in the future, all payments you receive in connection with your use of FanLabz to the relevant Tax authority in your jurisdiction, as required by law.

If, while you have an FanLabz account, you become Tax non-compliant in relation to your use of FanLabz or if you are named in any litigation, inquiry, or investigation in connection with, or which may lead to, any Tax non- compliance in connection with your use of FanLabz, we reserve the right to close, restrict payouts from, or restrict earnings from your account.

Our rights and obligations

We reserve the right to suspend or remove Content that may breach our Terms of Service.

We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on FanLabz.

When we review content in accordance with our internal policies, we reserve the right to conduct these reviews with technology tools such as classifiers, and Artificial Intelligence and Machine Learning-enabled tools to detect and remove Content that violates our policies.

Sharing and linking to and from FanLabz

Other online platforms may allow Users to connect their FanLabz account and share Content. You remain bound by the FanLabz Terms of Service and that platform's terms of service when sharing content in this way.

Links to FanLabz:

Do not link to FanLabz in a way that is deceptive or that suggests any form of association, approval, or endorsement on our part.
Any link promoting your Creator account must comply with our Terms of Service and the terms of service where you advertise.
Do not promote your FanLabz account using Google Ads or any similar advertising platform or search engine advertising service.

Links from FanLabz: Links on FanLabz to other web sites are provided for your convenience only. We are not liable for, do not control, approve of, or endorse those linked websites or the information they contain.

Dispute Resolution and Governing Law

For Consumers:

Choice of law: To the greatest extent permitted by the laws of the place where you live, your agreement with us is governed by the laws of England, which will apply to any claim arising out of or in connection with your agreements with us or your use of FanLabz including non-contractual disputes or claims. You may also rely on mandatory rules of the law of the country where you live.

Forum selection: For United Kingdom and European Union residents, the courts of England and Wales or the courts of the country where you live will have jurisdiction over a claim which arises out of or in connection with your agreement with us or your use of FanLabz (including non-contractual disputes or claims). For all others, the courts of England and Wales will have jurisdiction over any claim which arises out of or in connection with your agreement with us or your use of FanLabz (including non-contractual disputes or claims).

For United States residents, a court in Wilmington, Delaware will have jurisdiction over any claim that is exclusively against Fenix Internet LLC, located at 1000 N. West Street, Suite 1200, Wilmington, Delaware, 19801, a wholly-owned subsidiary of Fenix International Limited.

Account deletion

You may delete your FanLabz account in the 'User Account' section of your FanLabz account.

If you are a Fan, we will delete your account within a reasonable time and will not charge any further. After we delete your account, you will not have access to your former account or any Content.

If you are a Creator, your account will remain open until all active Fan Subscriptions expire. We will then pay all unpaid Creator Earnings and delete the account. All subscriptions will be deleted and cannot be renewed. After we delete your account, you will not have access to your former account or its Content. Deleting your FanLabz account will not automatically delete Co-Authored Content posted by another Creator.

After your account is deleted, we may deal with your data in accordance with our Privacy Policy.

Responsibility for alleged loss or damage

Whether you are a Consumer or Business User we do not limit our liability where it would be unlawful to do so. Consumers may rely on mandatory provisions of law that apply to them and nothing in our Terms of Service affect a Consumer's rights to rely on mandatory provisions of local law.

If you are a Consumer, you agree that:

We, each Subsidiary, and our employees, owners, representatives, and agents are not liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings arising from or in connection with your use of FanLabz.
If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD $250 per claim.

If you are a Business User, you agree that:

We, each Subsidiary, and our employees, owners, representatives, and agents:
Exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to FanLabz or any Content.
Are not responsible for any loss or damage that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill.
Are not liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
Your inability to use FanLabz or any of its services, features, or programs.
Your use of or reliance on any data or information (including Content) stored on FanLabz.

General

You agree that:

If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
If we fail to enforce any aspect of your agreement with us, it will not be a waiver.
We, each Subsidiary, and our employees, owners, representatives, and agents reserve all rights not expressly granted to you.
No implied licenses or other rights are granted to you in relation to any part of FanLabz, save as expressly set out in the Terms of Service.
Agreeing to our Terms of Service and using FanLabz does not create an agency, partnership, joint venture, franchisor-franchisee, representative, fiduciary, or employee-employer relationship. You do not have authority to bind us or any Subsidiary in any manner.
Your agreement with us does not give rights to any third parties, except that each Subsidiary and our employees, owners, representatives, and agents may enforce the exclusions and limitations of liability and the terms relating to disputes in our Terms of Service.
You cannot transfer, assign, or subcontract your rights or obligations under any agreement with us.
Our rights and obligations under your agreement with us can be assigned or transferred by us to others. We may delegate the performance of any of our obligations under your agreement with us to any third party.
The Terms of Service form the entire agreement between us and you regarding your access to and use of FanLabz, and supersede any and all prior oral or written understandings or agreements between us and you.
If you have a complaint about FanLabz, refer to our Complaints Policy and our Appeals Policy. If you wish to communicate with us about FanLabz or our Terms of Service, please email info@fanlabz.com.

Choice of Law and Forum for Disputes

For Consumers:

Choice of law: To the greatest extent permitted by the laws of the place where you live, your agreement with us is governed by the laws of England, which will apply to any claim arising out of or in connection with your agreement with us or your use of FanLabz, including non-contractual disputes or claims, without regard to conflict of law provisions.

For Business Users:

Choice of law: If you are a Business User, your agreement with us is governed by the laws of England and Wales, which will apply to any dispute arising out of or in connection with your agreement with us or your use of FanLabz, including non-contractual disputes or claims, without regard to conflict of law provisions.

Forum selection: If you are a Business User, you and we agree that the courts of England and Wales will have jurisdiction over any claim which arises out of or in connection with your agreement with us or your use of FanLabz (including non-contractual disputes or claims).

Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action against us or any Subsidiary must be filed within the earlier of one year after the date on which such claim or cause of action arose or the date on which you learned or should have learned of the facts giving rise to the cause of action, or that claim is expressly waived and cannot be brought.

You agree to notify us prior to bringing any cause of action and, if we request it, to submit any dispute to pre-suit mediation. This provision is a material inducement to allow you to use FanLabz.

If you are a User and commence proceedings against us or any Subsidiary, we reserve the right to terminate your account to minimize the risk of potential harm to FanLabz, to us, and to our community.

Documents which initiate Consumer disputes exclusively against Fenix Internet LLC must be served in accordance with US law. Fenix Internet LLC does not accept service in any other manner. All other documents initiating proceedings must be served in accordance with the laws of England and Wales. We do not accept service in any other manner.

Failure to comply with the requirements of this section is a material breach of the Terms of Service.