Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of DiscreetFan.com and related services, apps, APIs, and features (collectively, the “Service”). “DiscreetFan,” “we,” “us,” and “our” refer to the platform operator. “User,” “you,” and “your” include Fans (purchasers/viewers) and Creators (uploaders/streamers). By creating an account, visiting the site, purchasing access, or uploading content, you agree to these Terms.

For questions, contact admin@discreetfan.com or use the contact page: https://discreetfan.com/contact.

1) Eligibility, Compliance & Key Philippine Laws

1.1 Age. The Service is 18+ only; by using it, you represent you are at least 18 and legally capable of entering a contract.
1.2 Compliance. You will comply with applicable laws including, without limitation: Data Privacy Act (RA 10173), E-Commerce Act (RA 8792), IP Code (RA 8293), Cybercrime Prevention Act (RA 10175), Anti-Child Pornography Act (RA 9775), Anti-Photo and Video Voyeurism Act (RA 9995), Safe Spaces Act (RA 11313), and the Revised Penal Code.
1.3 Territoriality. You are responsible for local law compliance where you access or upload. We may geo-restrict features or content.

2) Accounts, Verification & Security

2.1 Registration. Provide accurate information and keep it current. Use a unique password; enable available security features.
2.2 KYC & Screening (Creators). We may require government ID, age/identity verification, liveness checks, and payout information. We may deny or revoke access if verification fails or risk is identified.
2.3 Account Responsibility. You are responsible for all actions through your account and for promptly notifying us of suspected compromise.

3) Definitions

3.1 Content: photos, videos, audio, live streams, text, thumbnails, metadata, messages, and any materials you upload or publish.
3.2 Fan: a user who purchases or views Content.
3.3 Earnings: gross receipts from Fans for your Content (subscriptions, tips, PPV, gifts, etc.).
3.4 Platform Fee: the fee we retain from Earnings; rates may be shown in your dashboard or separate notices.
3.5 TPMs: technical protection measures (watermarking, tokenized links, stream-only, signed URLs, DRM) used to deter piracy.

4) Acceptable Use & Prohibited Conduct

4.1 Strictly prohibited:
(a) any depiction of minors; (b) non-consensual or secretly recorded material; (c) trafficking, exploitation, or coercion; (d) threats, doxxing, stalking, or harassment; (e) unlawful drugs or instructions for crimes; (f) infringement of others’ IP; (g) malware, spam, scraping, mass-downloading, or attempts to bypass TPMs; (h) hate that constitutes a criminal offense; (i) impersonation or misrepresentation.
4.2 No Circumvention. Do not copy, record, reproduce, rebroadcast, or redistribute paid Content without permission. Do not share private links/tokens.
4.3 Moderation. We may pre-screen, review, refuse, remove, restrict, or age-gate Content and features at any time.

5) Licenses and Ownership

5.1 Your IP. Creators retain ownership of their Content.
5.2 License to DiscreetFan (Creators). You grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, cache, transcode, publicly perform and display, promote, distribute, and monetize the Content via the Service and our partners/CDNs.
5.3 Fan License. When a Fan purchases Content, the Fan receives a limited, non-transferable, revocable license for personal, non-commercial viewing through the Service. No downloading, copying, public performance, or redistribution unless expressly allowed by a feature.
5.4 Removal. You may delete Content prospectively; prior transactions and cached/backup copies may persist for a limited time (see §13 Retention).
5.5 Brand Use. Subject to guidelines, we grant a limited license to use our name/marks to promote your presence on DiscreetFan; we may reference your public profile in our marketing.

6) Model Releases, Consents, and Records (Creators)

6.1 You must obtain written consent from all depicted persons (including yourself) covering depiction, public distribution on DiscreetFan, and commercial use; all persons must be 18+ at time of recording.
6.2 Maintain recordkeeping (IDs, dates, locations, releases) for at least 7 years after last publication and supply copies upon request or lawful process.
6.3 We may audit compliance and suspend access for failure to provide satisfactory documentation.

7) Transactions, Pricing, Taxes & Refunds

7.1 Pricing & Offers. Creators may set pricing within platform limits; we may run promotions or bundles.
7.2 Platform Fee & Charges. We deduct the Platform Fee, payment gateway charges (e.g., card rails, GCash, PayPal, bank transfer), chargebacks, and currency conversion before payout.
7.3 Payouts. Subject to KYC completion, thresholds, method availability, and compliance screening. You authorize us to set off negative balances, refunds, or chargebacks against future payouts.
7.4 Taxes. Creators are responsible for all taxes on their income; we may withhold where required and request TIN or forms.
7.5 Digital Goods; Refunds. Access is delivered immediately; all sales are final except where required by law, duplicate charges, fraud, or service malfunctions we verify. We may grant discretionary credits.
7.6 Currency. Displayed prices may be shown in PHP or another currency; actual charges may vary due to FX.

8) Web Chats, Messages & Community

8.1 Private messages may be automatically scanned for spam/abuse signals.
8.2 Do not solicit off-platform payments to avoid fees for equivalent goods/services offered on DiscreetFan.
8.3 We may rate-limit, filter, or block users to maintain safety.

9) Anti-Piracy & Enforcement

9.1 We may use TPMs (watermarking, session-bound links, stream-only delivery) and automated detection to deter piracy.
9.2 We may submit takedown notices to third-party hosts on your behalf.
9.3 Re-uploads, resale, or distribution of paid Content without permission may result in immediate termination and legal action.

10) Intellectual Property Policy (Notice and Takedown)

10.1 If you believe material infringes your rights, file a detailed notice via our Contact page or admin@discreetfan.com with: identification of the work, infringing URLs, your contact details, a good-faith statement, and a sworn statement that you are the owner or authorized agent.
10.2 Creators may file a counter-notice with sufficient detail and a sworn statement; we may restore material at our discretion subject to law. We terminate repeat infringers.

11) Privacy; Data Processing

11.1 Our Privacy Policy forms part of these Terms. By using the Service, you consent to processing per that policy.
11.2 We may process data internationally with safeguards, and use processors for hosting, KYC, analytics, payments, and support.

12) Third-Party Services & Links

12.1 Payments, identity verification, analytics, CDN, and communications may be provided by third parties under their own terms.
12.2 We are not responsible for third-party websites, terms, or policies.

13) Availability, Changes & Maintenance

13.1 The Service may change, suspend, or discontinue features without liability. We may impose limits (e.g., storage, bandwidth, rate limits).
13.2 Scheduled or emergency maintenance may affect availability; we try to minimize disruptions.
13.3 Backups and disaster-recovery copies may persist up to 180 days.

14) Warranties, Disclaimers & Limitation of Liability

14.1 AS-IS. The Service and Content are provided “as is” and “as available.” We disclaim all warranties to the fullest extent permitted by law (merchantability, fitness, non-infringement, availability, accuracy).
14.2 No Guarantee of Earnings. We do not promise any specific income or exposure.
14.3 Limitation. To the extent allowed by law, our total liability to you for all claims is limited to the greater of PHP 100,000 or the Net Earnings paid to you in the 6 months preceding the claim. We are not liable for indirect, incidental, special, punitive, or consequential damages.
14.4 Some jurisdictions do not allow certain limitations; in such case, limits apply to the maximum extent permitted.

15) Indemnification

You will indemnify, defend, and hold harmless DiscreetFan, its owners, officers, employees, and service providers from claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (a) your Content; (b) your breach of these Terms or law; (c) disputes with other users; or (d) infringement or privacy/publicity claims.

16) Suspension & Termination

16.1 We may suspend or terminate access immediately for policy or legal violations, fraud, piracy, non-payment, or risk.
16.2 You may delete your account at any time (subject to payout reconciliation and legal holds).
16.3 On termination, licenses survive as needed for prior transactions, lawful preservation, and backups.

17) Dispute Resolution; Governing Law; Venue

17.1 Governing Law. These Terms are governed by the laws of the Philippines.
17.2 Good-Faith Resolution. Parties shall first attempt to resolve disputes informally within 30 days after written notice.
17.3 Arbitration. Failing resolution, disputes shall be finally settled by arbitration administered by the Philippine Dispute Resolution Center, Inc. (PDRCI) under its rules. Seat/venue: Makati City, Philippines; language: English.
17.4 Injunctive Relief. Either party may seek interim or injunctive relief in the courts of Makati City to protect IP, confidentiality, or security, without waiving arbitration.
17.5 Small Claims. Either party may pursue eligible matters in small-claims court where permitted.

18) Notices; Electronic Communications

18.1 We may send legal or service notices via email, in-app messages, or postings on the site.
18.2 You consent to receive communications electronically and to electronic signatures and records.

19) Miscellaneous

19.1 Force Majeure. We are not liable for delays or failures due to events beyond reasonable control (e.g., outages, disasters, regulatory actions).
19.2 Assignment. You may not assign these Terms without our prior written consent; we may assign to an affiliate or successor.
19.3 No Waiver. A failure to enforce any provision is not a waiver.
19.4 Severability. If a provision is unenforceable, the remainder remains in effect.
19.5 Entire Agreement. These Terms, plus policies linked on the site (e.g., Privacy Policy, Creator Agreement, community rules), are the entire agreement between you and us regarding the Service and supersede prior understandings.
19.6 Changes. We may update these Terms; the “Last updated” date will change. Material changes will be announced on the site or by email. Continued use after notice constitutes acceptance.

Contact
DiscreetFan – Terms & Conditions Inquiries
Email: admin@discreetfan.com
Contact page: https://discreetfan.com/contact