Terms of Service

Last updated October 2026

BY CREATING AN ACCOUNT OR USING PLAYHOUSE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE PLAYHOUSE.

Key notices
Interpretation
Who we are and how to contact us
Changes to these Terms and to PlayHouse
Registering and your account
Adult material and age assurance
Content: general terms
Creator Interactions, Subscriptions and payments
Creator earnings, the platform fee and payouts
Tax
Our rights and how we moderate PlayHouse
What we are not responsible for
Suspension, deletion and withholding of earnings
Intellectual property and licenses
Content featuring other people
Sharing and linking
Advertising and AI-content disclosures
Deleting your account
Our responsibility for loss or damage
Rights that depend on where you live
General
Disputes, governing law and arbitration

1. Key notices

These Terms of Use govern your use of PlayHouse and your agreement with us. Here are the most important points. They do not replace the full Terms below.

PlayHouse is for adults only. You must be at least 18 years old, or the age of majority where you live if that is higher. Before you can see any sensitive or paid Content, including media in direct messages, you must pass our age assurance check.
Subscriptions renew automatically. When you subscribe to a Creator, your Subscription renews at the end of each period, at the price shown to you when you subscribed plus any applicable Tax, and your card is charged, until you cancel. A free trial or introductory offer converts to a paid Subscription at the regular price shown to you when you accept the offer, unless you cancel before the offer ends. Except where the law where you live requires it, you may not be Notified before a Subscription renews. You can cancel online at any time from your subscriptions list at /my-subscriptions, and you keep access until the end of the period you have paid for. See Subscriptions and automatic renewal.
Purchases are generally final. If we give you a refund, it goes to your Wallet, unless the law where you live requires a refund to your original payment method, in which case you may choose that instead. Nothing in these Terms takes away a refund right the law gives you. Wallet top-ups cannot be withdrawn as cash.
We may change these Terms. We will give you notice of material changes before they take effect, except where a change is needed urgently for legal or safety reasons. See Changes to these Terms and to PlayHouse.
Your rights may depend on where you live. Consumers in the European Union, the European Economic Area, the United Kingdom, Australia and other places keep the rights their local law gives them, which these Terms do not override. See Rights that depend on where you live.
Disputes go to individual arbitration, with a class-action waiver, unless you opt out within 30 days or your local law says otherwise. Before starting any claim, you and we agree to try to resolve it informally for 60 days. See Disputes, governing law and arbitration.
Creators pay a 15% platform fee on the price of each sale before Tax, unless we have agreed a different rate with you in writing or a promotion lowers it. See Creator earnings, the platform fee and payouts.
Agencies may help run Creator accounts. A Creator may work with an Agency whose team members help run the Creator's account, including messages. PlayHouse shows when a Creator's account is managed with an Agency's help. See Agency accounts.

2. Interpretation

In the Terms of Service:

"PlayHouse" means our website and web app at playhouse.fans, including when installed on your device as a progressive web app, and the services, features and programs we provide through it.
"we", "our", "us" and "Vallara" mean Vallara, Inc., the owner and operator of PlayHouse.
"User" means anyone who uses PlayHouse, whether as a Fan, a Creator, an Agency or more than one of these (also "you" and "your").
"Fan" means a User who has registered an account and who can view Content, follow Creators and take part in Creator Interactions. Every new account starts as a Fan account.
"Creator" means a User who has set up and been approved for a Creator account in order to publish Content and take part in Creator Interactions.
"Agency" means a business we have verified and approved to work on Creators' accounts through the PlayHouse agency console, at a Creator's request, together with the team members it authorizes.
"Content" means any material uploaded to or shared on PlayHouse by any User, including photos, videos, audio, livestreams, video calls, messages, text (such as captions, comments, bios and display names), metadata, images, emojis, GIFs and any other material.
"Creator Interaction" means any interaction on PlayHouse that gives a User access to a Creator's Content or time, or that involves a payment to a Creator, including: a Subscription; unlocking a pay-to-unlock post, story or message; a tip or tip request; a VIP message credit bundle; a livestream ticket; a video call or video request; and a custom order.
"Payment" means any payment by a User for a Creator Interaction, whether by card or from the User's Wallet.
"Subscription" means a Fan's agreement to pay, by automatically renewing payments, for access for a set period to the Content a Creator makes available to their subscribers, other than Content that must be unlocked separately.
"Offer" means a subscription offer published by a Creator, such as a free trial or an introductory price for a set number of periods.
"Wallet" means the balance shown in your PlayHouse account at /wallet, made up of card top-ups, promotional credits such as cashback, refunds and, for Creators and Agencies, earnings.
"Platform fee" means our fee for providing PlayHouse to Creators, described in The platform fee.
"Creator Earnings" means the part of a Payment credited to a Creator after the platform fee and any Agency share have been deducted, and excluding any Tax.
"Agency share" means the Agency's commission: the percentage of a Creator's sales that a Creator has agreed to pay to their Agency.
"Co-performer release form" means the form on PlayHouse through which an adult who is not a Creator, and who appears in a Creator's Content, verifies their age and identity and records their consent, as described in Content featuring other people.
"Referring User" means a User who takes part in the PlayHouse referral program described in the Referral Program Terms.
"Business User" means a User who uses PlayHouse for the purposes of their trade, business, craft or profession, including every Creator and Agency when acting as such, and a Referring User when earning referral payments. "Consumer" means a User acting for purposes outside their trade, business, craft or profession. A Creator who buys from another Creator acts as a Consumer for that purchase, unless the purchase is for their business.
"Tax" means all taxes, duties, levies and similar governmental charges, including sales tax, value added tax and goods and services tax, wherever they apply.
"Notice" and "Notify" mean our sending you information by message to your PlayHouse account, by email to the address on your account, or by another method these Terms allow.
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us, which consists of:
1. these Terms of Use;
2. our Acceptable Use Policy, which sets out what you may and may not do on PlayHouse;
3. the Standard Contract Between Fan and Creator, which governs each Creator Interaction (it is a contract between the Fan and the Creator, not with us);
4. our Agency Terms, which apply to Agencies and to Creators who link to an Agency;
5. our Referral Program Terms, which apply if you take part in the referral program;
6. our Platform-to-Business Terms (EU and UK), which apply to Business Users established or resident in the European Union, the European Economic Area or the United Kingdom;
7. our Complaints Policy, which explains how to complain and how we handle complaints;
8. our Appeals Policy, which explains how to appeal a moderation decision; and
9. our Content Moderation Policy, which explains how we review Content and enforce the Terms of Service.

Our Privacy Policy and Cookie Notice explain how we handle personal data. They are not part of the contract between you and us, but we will follow them. Our DMCA and Copyright Policy and 18 U.S.C. §2257 Statement also apply to your use of PlayHouse.

If these Terms of Use conflict with any other part of the Terms of Service, these Terms of Use apply to the extent of the conflict, except that the Platform-to-Business Terms prevail for the Business Users they apply to, the Agency Terms prevail on matters about Agencies, and the Standard Contract Between Fan and Creator prevails on matters between a Fan and a Creator. The words "include", "includes" and "including" mean "without limitation". Headings are for convenience only.

3. Who we are and how to contact us

PlayHouse is owned and operated by Vallara, Inc., a Delaware corporation. Our mailing address is Vallara, Inc., 2261 Market Street #67575, San Francisco, CA 94114, United States.
For help with your account, payments, subscriptions or payouts, use our help center contact form. Our help center also answers common questions.
For legal inquiries, privacy and data requests, requests from law enforcement, and formal notices under these Terms (including a notice of dispute and an arbitration opt-out), use our legal and privacy request form.
To report copyright infringement or send a counter-notice, use our copyright request form, as described in our DMCA and Copyright Policy.
To ask us to remove an intimate image of you shared without your consent, anyone can use our intimate image removal form, without an account. If you are signed in, you can also use our Report leaked content or impersonation form, which also covers an account impersonating you.
To report any other illegal or harmful Content, use the Report action on PlayHouse or, if you are not signed in, our contact form with the topic Report illegal or harmful content.
To appeal a decision about your Content, use /moderation-appeal; to appeal a decision about your account, use /appeal.
To report a security vulnerability, follow our Security Reporting page.

4. Changes to these Terms and to PlayHouse

Changes to the Terms of Service. We may change any part of the Terms of Service. We will Notify you of material changes before they take effect, and tell you the date they take effect, so that you can review them and, if you do not agree, close your account before then. If you are a Business User established or resident in the European Union, the European Economic Area or the United Kingdom, we will give you at least 15 days' Notice, as described in the Platform-to-Business Terms.
Changes without advance notice. We may make changes that take effect immediately where they are needed to comply with a legal or regulatory requirement that does not allow us to give advance notice, or to address an unforeseen and imminent risk to Users, to PlayHouse or to third parties, such as fraud, malware, spam, data breaches or other security risks. We may also make immediately effective changes that only add new features or are not to your disadvantage.
Accepting changes. If you continue to use PlayHouse after a change takes effect, you will be bound by the updated Terms of Service. If you do not agree to a change, you must stop using PlayHouse and may close your account as described in Deleting your account. Changes to the arbitration agreement are subject to the rules in Changes to the arbitration agreement.
Prices and the platform fee. We will Notify you before any change to the platform fee that applies to you takes effect, except a promotion that lowers it. A Creator's change to their subscription price does not change the price of an existing Subscription (see Subscriptions and automatic renewal).
Changes to PlayHouse. We may update, change, suspend, withdraw or restrict PlayHouse or any part of it, including any feature or program, for business, legal, security or operational reasons. We will try to give you reasonable notice of any major change that materially affects you. We do not guarantee that PlayHouse, or any Content on it, will always be available or uninterrupted.

5. Registering and your account

Who can use PlayHouse

By registering with and using PlayHouse, you agree to the Terms of Service. If you do not agree, your only remedy is not to register, or to stop using PlayHouse. We may refuse an account application for any lawful reason.
To register and use PlayHouse, you must:
1. be at least 18 years old, or the age of majority where you live if that is higher, and old enough under the laws of the place where you are to view adult material;
2. be able to enter into a legally binding contract with us;
3. be permitted by the laws of the place where you live and the place where you are to join PlayHouse, view the Content available on it and use its features. It is your responsibility to know and follow the laws that apply to you;
4. not have been convicted of a sexual offense, not be subject to a sexual harm prevention order, sexual risk order or similar order, and not be required to register or report as a sex offender in any jurisdiction;
5. not be a person with whom US law or other applicable law prohibits us from dealing, including a person on a US government sanctions list, and not be located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions. We use network-level geographic restrictions, payment screening and identity checks to block access and payments from sanctioned countries and regions and by sanctioned persons, and we may add further measures;
6. not have had a previous PlayHouse account suspended or terminated for breaching the Terms of Service, unless we have agreed in writing that you may return; and
7. provide any information or verification we reasonably ask for, including age, identity or account verification.
If you do not meet these requirements, you must not access or use PlayHouse.
You promise that all information you give us is true, accurate and complete, and you will keep it up to date.

Fan accounts

You create an account by entering your email address and the one-time code we send to it. We do not use passwords. A new email address creates a new Fan account. We may use automated checks to stop bots and abuse when you sign up or sign in.
Your username, and any display name, profile photo and other profile details you add, may be visible to other Users.
To see sensitive or paid Content, including media in direct messages, and to subscribe, unlock paid Content, buy VIP message credits or livestream tickets, join livestreams or turn on sensitive Content, you must first pass age assurance (see Adult material and age assurance).
You agree to pay for the Creator Interactions you choose, in accordance with the Terms of Service and the Standard Contract Between Fan and Creator.

Creator accounts

A Fan can apply to become a Creator, for example at /creators/join. Only individuals can be Creators. Each Creator account belongs to, and is the legal responsibility of, the one real individual who was verified for it and who appears in, or is responsible for, the Content on it.
To apply, you must provide your first and last name, a username, a profile photo, your country, your mobile number and your date of birth, which must show that you are at least 18 years old. You may also provide your gender and a referral code.
You must then pass identity verification with our identity verification provider. This includes a check of a government-issued identity document, a liveness check, a match between your face and the photo on your document, and screening against sanctions, politically exposed person and other watchlists. Before any face check, our identity verification provider asks for your consent. Verification requires a real, live image of you. Our Privacy Policy explains how this information, including biometric information, is processed, and our Age and Identity Verification page explains the process.
Approval of a Creator account is normally automated once you pass verification. We may also review any application, ask you for more information, and refuse or later withdraw approval, including if we cannot confirm your age or identity or if your account presents a legal, safety or fraud risk. We may ask you to complete age or identity verification again at any time.
You will add the bank account to which we pay your Creator Earnings when you make your first withdrawal. It must be an account held in your own name. The information we need may vary by country (see Payouts). You must also give us any tax information we ask for (see Tax).
You set the prices for your Creator Interactions, including a price for each subscription duration you offer, any sale price and any Offer, within any limits we set. You can also offer free Content.
You are personally and legally responsible for your Creator account, for all Content published on it and for everything done through it, including by any Agency, manager or other person who helps you. Our relationship is with you. Using an Agency or any other helper does not reduce your responsibility under the Terms of Service.

Agency accounts

An Agency uses PlayHouse through the PlayHouse agency console. An Agency account is inactive until we have verified the business, including through business verification and identity verification of its owner, and approved it. We may refuse or withdraw approval. An Agency may add team members and is responsible for everything they do. Everyone who signs in to an Agency account must use an authenticator app.
A Creator may link their account to an Agency. Once linked, the Agency may work in the Creator's account on the Creator's work only: chat, composing and publishing posts, subscription plans and Offers, subscribers, automated messages, lists, insights, livestreams, orders and call hours. The Creator's own settings, including security, notifications, the blocked list, email address, payout details and identity information, remain the Creator's alone, and the Agency must not try to access or change them.
Agency help with messages. Agency team members may help run a Creator's account, including writing and replying to messages on the Creator's behalf. PlayHouse shows a label on the profile and in the chats of a Creator whose account is managed with an Agency's help. Agency team members must never claim to be the Creator personally when a Fan asks them directly.
The Agency share is a percentage agreed between the Creator and the Agency for each Creator, and the rate on the current accepted link applies to each sale. It is taken from the same sale price as the platform fee and is capped so that the platform fee and the Agency share together never exceed the price. The platform fee, the Creator Earnings and the Agency share on each sale are recorded as separate transactions. An Agency can withdraw only its own Agency share and other Agency earnings, never any part of a Creator's Creator Earnings.
Agencies and Creators who link to an Agency must also follow our Agency Terms, which include the terms of any Agency bounty we offer.

Keeping your account secure

You sign in with a one-time code sent to your email address, so the security of your account depends on the security of your email account. Keep your email account and your devices secure, and never share a sign-in code with anyone. PlayHouse staff will never ask you for one.
You can add an authenticator app as a second step at sign-in, with single-use backup codes, in Settings → Security. We strongly recommend it, especially for Creators. It is required for everyone who signs in to an Agency account.
You must not sell, rent, lend, transfer or share your account. Creators may give an Agency access only through the agency console.
You are responsible for all activity on your account, including activity by anyone else who uses it, unless it results from our failure to take reasonable care. If you think someone has accessed your account without permission, contact us promptly through our contact form.
If you lose access to your email address, we may ask you for identity documents, photos or other evidence before we restore access to your account.

6. Adult material and age assurance

Adult material. Some Content on PlayHouse contains sexually explicit and other adult material. By using PlayHouse, you confirm that you are choosing to access such material and that it is legal for you to do so. Think about where and how you view Content. We are not responsible for any loss you suffer because viewing Content puts you in breach of a contract you have with someone else (such as an employer) or of a law that applies to you.
Age assurance for Fans. We use highly effective age assurance before anyone can see sensitive or paid Content. Before you can see sensitive or paid Content, including media in direct messages, or subscribe, unlock paid Content, buy VIP message credits or livestream tickets, join a livestream or turn on sensitive Content, you must pass our age assurance check. Depending on your account, this may be satisfied by a passed Creator identity verification, by a credit card saved to your account, or by facial age estimation by our identity verification provider, with an identity document check if the estimate is not clearly over the age threshold. A person may review the result. We apply the same age assurance everywhere, wherever you are. Our Age and Identity Verification page and Privacy Policy explain how this works and how your data is handled.
Until you pass. Nothing behind the age check is available until you pass it. If you do not pass, or the check shows that you may be under 18, you cannot see sensitive or paid Content or make purchases, and we may suspend or close your account.
Sensitive Content. Sensitive Content is shown only to Users who are signed in, have passed age assurance and have chosen to see it. Everyone else sees a blurred preview.
Creators. Creators are verified as described in Creator accounts.
Age assurance does not take away your own responsibility to meet the age and eligibility requirements in Who can use PlayHouse. If we have reason to believe that a User is under 18, we may suspend or terminate the account and will take any other steps the law requires.

7. Content: general terms

Your Content is not confidential. As a Creator, you authorize Fans who are entitled to access your Content to view it on PlayHouse for their own lawful, personal use, in accordance with the license you grant them under the Standard Contract Between Fan and Creator.
You are legally responsible for all Content you upload or share on PlayHouse.
You promise that, for each item of Content you upload or share on PlayHouse:
1. it complies with the Terms of Service, including the Acceptable Use Policy, and with all laws that apply to it, including in every place where you have Fans and in the United States;
2. you own it (including all intellectual property rights in it) or hold all the rights, licenses, consents and releases needed to publish and sell it on PlayHouse and for us and other Users to use it as the Terms of Service allow;
3. if it includes or uses third-party material, including another person's image, voice or personal data, you have all the rights, licenses, written consents and releases needed for that use, as also required by Content featuring other people; and
4. if you are a Creator, it is of satisfactory quality, taking into account its description, its price and any statement you make about it; it is reasonably fit for any purpose a Fan has made known to you; and it is as you described it.
You are liable to us, and will indemnify us, if any of these promises is untrue. This means you will be responsible for any loss or damage we suffer as a result, including reasonable legal costs. If you are a Consumer, this applies only to the extent the law where you live allows.
We do not control, and do not endorse, Content posted by Users. We are not obliged to monitor Content, but we may check, review, restrict or remove Content, as described in Our rights and how we moderate PlayHouse.

Custodian of records

If you upload Content that contains sexually explicit conduct, you are its producer for the purposes of 18 U.S.C. §2257 and 28 C.F.R. Part 75, as applicable. You agree to create and maintain the records those laws require for every performer shown in your Content, including a copy of each performer's government-issued identity document and their written consent, and to act as the custodian of records for all Content you upload. A co-performer release form completed on PlayHouse does not replace these records. You must give us copies of those records promptly when we ask for them.
Our 18 U.S.C. §2257 Statement explains our position under those laws.

No scraping, copying or AI training

You must not use any manual or automated tool, script, bot, crawler or process to access, copy, download, record, scrape or collect Content, data or information from PlayHouse, or to get around any measure that controls access to Content, such as a paywall, a blurred preview, an age check or a block.
You must not use any Content or data from PlayHouse to train, fine-tune, test or improve any software, machine learning or artificial intelligence system or model, or allow anyone else to do so.
You must not record, capture, screenshot, reproduce or share Content, including livestreams and video calls, except as the Terms of Service allow. More rules are in the Acceptable Use Policy.

8. Creator Interactions, Subscriptions and payments

Creator Interactions

Each Creator Interaction is a contract between the Fan and the Creator, governed by the Standard Contract Between Fan and Creator. We provide the platform, process Payments and may moderate Content, but we are not a party to that contract or to any other agreement between Users, and we are not responsible for Creator Interactions, except as these Terms or the law say otherwise.
Creators decide what to offer and at what price. Creator Interactions on PlayHouse include Subscriptions; pay-to-unlock posts (which everyone pays for once, including subscribers); stories, which last 24 hours and may be free, for subscribers only or pay-to-see; paid messages; tips and tip requests; VIP message credit bundles; livestreams, which may be free or ticketed (subscribers also need a ticket for a ticketed livestream) and may accept tips; video calls and video requests booked with a Creator; and custom orders. Livestreams and video calls are not recorded by PlayHouse.
When a Creator Interaction is confirmed, the Creator must deliver their part of it. Creators will indemnify us for any loss or damage we suffer because they fail to do so.
No one may buy from, tip or subscribe to their own account, or to an account they control, or use Creator Interactions to move money between accounts for any purpose other than a genuine purchase.
We collect Payments for Creators. Each Creator appoints us as their limited payment-collection agent to receive Payments from Fans on the Creator's behalf and to pay the Creator their Creator Earnings, as these Terms describe. When a Fan pays us for a Creator Interaction, the Fan has paid the Creator for it. The platform fee, the Creator Earnings and any Agency share on each Payment are recorded as separate transactions.

Prices, Tax and how you pay

All prices on PlayHouse are in US dollars. Prices exclude Taxes. Where we are required to collect value added tax, goods and services tax or sales tax on a Payment, we add it and show it to you before you pay. If your card is issued in another currency, your bank or card issuer may charge currency conversion or foreign transaction fees, which we do not control.
We accept payment cards only. Your card issuer may ask you to authenticate a payment. You authorize us and our payment processor to process your card details, verify your card and charge it for the Payments you authorize.
Your card is charged directly for Subscriptions (the first payment and each renewal) and for Wallet top-ups. All other Creator Interactions are paid from your Wallet balance. If your balance is too low for a purchase, you can top up your Wallet first.
A card processing fee may apply to Wallet top-ups. If it does, it will be shown to you before you pay.
We may add any Tax or other charge to a Payment where the law or payment network rules require it, and we will show it to you before you pay.

Subscriptions and automatic renewal

This section describes the automatic renewal terms that apply to every Subscription. Please read it carefully.

What renews. A Creator may offer Subscriptions for one or more durations, each with its own price. When you subscribe, you choose a duration. Your Subscription will renew automatically at the end of each period for another period of the same duration, and your card will be charged for each renewal, until you cancel.
At what price. Each renewal is charged at the price shown to you when you subscribed, plus any applicable Tax. If the Creator later changes their price, the change does not apply to your existing Subscription. If you subscribed at a sale price or through an introductory Offer, the price that applies after the sale or Offer ends is shown to you before you subscribe.
When you are charged. The first payment is charged when you subscribe (or, for a free trial, when the trial ends), and each renewal is charged at the start of the new period. If a renewal payment fails, we try the other cards saved to your account. If no payment succeeds, your Subscription ends at the renewal date and we email you. We may retry the payment later, and if a retry succeeds, your Subscription renews.
What you see before you pay. Before you pay for a Subscription, we show you the price, the length of each period, that the Subscription renews automatically until you cancel, the terms of any Offer, and how to cancel. By subscribing, you agree to these automatic renewal terms and authorize us to charge your card for each renewal.
Renewal notices. By subscribing, you acknowledge that you may not receive any further notice before your Subscription renews, except where the law where you live requires us to send you one, in which case we will.
Subscriptions are paid by card. You cannot pay for a Subscription from your Wallet.

Free trials and introductory offers

A Creator may publish an Offer for new or returning subscribers, such as a free trial (for example, 7, 14 or 30 days) or an introductory price for a set number of periods. Offers may be shared by link. The terms of each Offer are shown before you accept it. A Creator may stop making an Offer available to new subscribers; that does not change the terms of an Offer you have already accepted.
When a free trial or introductory Offer ends, your Subscription automatically converts to a paid Subscription and renews at the regular price shown to you when you accepted the Offer, plus any applicable Tax, unless you cancel before the Offer ends. If you cancel during a free trial, you will not be charged.
Promotional codes are no longer offered on PlayHouse.

How to cancel a Subscription

You can cancel a Subscription online at any time from your subscriptions list at /my-subscriptions (Subscriptions in your account menu): choose Cancel, then Cancel subscription. You do not need to contact us or give a reason. You can also ask us to cancel it through our contact form.
When you cancel, you keep access to the Creator's subscriber Content until the end of the period you have already paid for, and you will not be charged again for that Subscription unless you subscribe again. Canceling does not give you a refund for the rest of the current period, except where the law where you live requires one.
A Subscription also ends, and will not renew, if your account or the Creator's account is deleted, and it may be paused or ended if we suspend or terminate either account under the Terms of Service.

Your Wallet

Fans and Creators can top up their Wallet by card, in US dollars. You can use your Wallet balance to pay for any Creator Interaction except a Subscription.
Card top-ups, cashback, refunds and other credits in your Wallet cannot be withdrawn, transferred to another User or exchanged for cash. Only Creator Earnings (and an Agency's earnings) can be withdrawn, as described in Payouts. Referral payments are paid as described in the Referral Program Terms.
We may offer cashback or other credits on top-ups as a promotion. Promotions are optional and may be changed or ended at any time; their terms are shown with the promotion. If a top-up is refunded or charged back, we may reverse any cashback or credit it earned.
Your Wallet is not a bank account or deposit, and it does not earn interest. We may set limits on top-ups and balances.
Except where the law where you live requires otherwise, Wallet top-ups are non-refundable, and any balance other than withdrawable earnings cannot be paid out when your account is closed.

Refunds and chargebacks

Payments are generally final. If you think you should receive a refund, contact us through our contact form.
We may, at our discretion, refund a Payment. Refunds are made to your Wallet by default. Where the law where you live requires a refund to your original payment method, you may choose to have the refund made there instead.
A Creator removing Content, or Content being removed, does not on its own entitle you to a refund.
Video calls. A Creator is paid for a booked video call only if both the Fan and the Creator were in the call for at least 80% of the booked time. If not, the Fan is refunded in full to their Wallet.
If you dispute a Payment with your card issuer (a chargeback), your account will be suspended, and we may close it. You agree not to make unjustified refund requests or chargebacks. If we decide that a refund request or chargeback was made in bad faith, we may suspend or terminate your account.
Nothing in these Terms affects any right to a refund, repair, replacement or price reduction that the law where you live gives you and that cannot be excluded by contract. See Rights that depend on where you live.

Right of withdrawal for EU, EEA and UK consumers

If you are a Consumer in the European Union, the European Economic Area or the United Kingdom, you normally have the right to withdraw from a contract for digital content or digital services within 14 days without giving a reason.
Access to Content on PlayHouse begins as soon as you pay. Each time you buy a Subscription, unlock Content or make another purchase from a Creator, you confirm at checkout that you accept these Terms. By confirming your purchase, you expressly ask for access to begin immediately, during the withdrawal period, and you acknowledge that you lose your right of withdrawal for that purchase once access begins.
This does not affect your rights if the Content is faulty or not as described (see Rights that depend on where you live), or any right of withdrawal you have that has not been lost in this way.

9. Creator earnings, the platform fee and payouts

The platform fee

We charge Creators a 15% platform fee on the price of each Payment to them, before Tax, unless we have agreed a different rate with you in writing or a promotion lowers it. The platform fee covers the cost of providing, operating and maintaining PlayHouse, processing Payments and storing your Content. It is deducted from each Payment before your Creator Earnings are credited to you.
We may run promotions that lower the platform fee for a set period or for certain Creators, such as new Creators. A promotion only ever lowers the fee, applies only on the terms we tell you, and ends when its period ends.
If you have linked your account to an Agency, the Agency share is also deducted from the same price, as described in Agency accounts. The rest is your Creator Earnings. The platform fee, your Creator Earnings and any Agency share are recorded as separate transactions, and an Agency can never withdraw any part of your Creator Earnings.
For example: if a Fan pays US$10.00 plus Tax for a post, and no Agency share or promotion applies, we deduct a platform fee of US$1.50 and credit US$8.50 to you as Creator Earnings. The Tax is not part of your Creator Earnings.
Referral payments are paid by us. If you joined through another User's referral link, any referral payment that User earns on your sales is paid by us and is not deducted from your Creator Earnings. The Referral Program Terms explain the program.

Your earnings

All Payments are received and processed by a payment processor we approve. You authorize us to give our payment and service providers the information needed to process your Creator Earnings and payouts, and to check that your bank details are consistent with your verified identity.
Your Creator Earnings are credited to your Wallet and shown there. You may spend your available earnings on PlayHouse, or withdraw them as described below.
We do not guarantee that you will earn any particular amount, or anything at all, from PlayHouse.

Payouts

Identity first. You must have passed identity verification before we make any payout.
How we pay. You request a withdrawal from your Wallet. We pay by bank transfer to the bank account you have saved, which must be in your own name (or, for an Agency, an account the Agency Terms allow). The bank details we need vary by country. We pay in the currency of your bank account or in US dollars. Your bank may charge fees to receive the transfer or convert currency, which we do not control.
Review. Payouts are approved by our staff. First payouts, and payouts that show unusual patterns of payers, are reviewed by a person before they are approved. We may ask you for more information, and we may delay a payout while we review it.
Fees and minimums. Any withdrawal fee is shown to you before you confirm a withdrawal. We may set a minimum withdrawal amount, which may vary by country.
Canceling a withdrawal. You can cancel a withdrawal while its status is still Requested.
You are responsible for giving us correct bank details. If a payout is sent to the account you gave us, or is returned because the details are wrong, we are not responsible for any resulting loss, though we will try to help.

Holds

To protect Fans, Creators and PlayHouse against fraud and chargebacks, Creator Earnings cannot be withdrawn until they have been held for a period. A longer hold applies before your first payout, and a hold may start again after a chargeback or a deduction from your earnings. Holds apply to withdrawals only; you may still spend your available earnings on PlayHouse. Your Wallet shows which earnings are pending and which you can withdraw now.
We may change hold periods, or apply a longer hold to a particular account, where we reasonably believe it is needed to manage a risk of fraud, chargebacks or a breach of the Terms of Service.

Refunds, chargebacks and negative balances

If a Payment to you is refunded, or a chargeback against it is lost, we will recover the Creator Earnings on that Payment from your earnings (and any Agency share from the Agency's earnings).
If a recovery or deduction is more than your available balance, your balance may become negative. We will recover a negative balance from your later earnings, and we may ask you to repay it.
We may also set off against your Creator Earnings any amount you owe us under the Terms of Service, including any loss we suffer because of your breach.

10. Tax

Prices exclude Taxes. Where we are required to collect value added tax, goods and services tax or sales tax on a Payment, we add it and show it to you before you pay.
If you are a Creator, an Agency or a Referring User, you are responsible for your own Tax affairs, including any Tax on your earnings. You promise that you have reported, and will report, all payments you receive in connection with PlayHouse to the relevant Tax authorities as the law requires, and that you will pay any Tax due on them.
We do not give Tax advice, and we are not liable for any general Tax information we provide or for any User's failure to pay Tax. We recommend that you get professional advice.
We may ask you for Tax information and documents, such as tax forms and tax identification numbers. We may report your earnings to Tax authorities as the law requires (for example, on US Form 1099 or under the EU's DAC7 rules), and we may withhold Tax from payouts where the law requires us to. If you do not give us Tax information we ask for, we may delay or withhold payouts until you do.
If you become non-compliant with your Tax obligations in connection with PlayHouse, or become the subject of any Tax litigation, inquiry or investigation connected with PlayHouse, you must tell us promptly through our legal and privacy request form and give us any information we reasonably ask for. We may restrict payouts from, or close, your account if we become aware of Tax non-compliance or if we believe the law requires it.
If you are established in the European Union or the United Kingdom, you must follow the value added tax rules that apply to you.

11. Our rights and how we moderate PlayHouse

How we moderate Content

We may check, review, restrict, suspend or remove any Content, and take action against any account, to enforce the Terms of Service and to comply with the law. We act to remove illegal Content when we become aware of it. This section summarizes the tools and procedures we use. Our Content Moderation Policy describes them in more detail.
Automated checks. Media uploaded to PlayHouse is checked before it is published. The checks compare it against lists of known illegal or non-consensual images, including Microsoft PhotoDNA and the hash lists of StopNCII and NCMEC's Take It Down service, and use automated image and video classifiers to detect Content that may break our rules, such as Content that may show a minor. We check media again when those lists are updated. Automated text rules check messages, captions and profile text for prohibited terms and for contact and payment details. These tools flag Content for action or for review by a person; some matches lead to Content being held or an account being frozen automatically.
Reports. Signed-in Users can report any post, profile, story, comment, message, conversation, livestream or video call using the Report action. Anyone, with or without an account, can ask us to remove an intimate image of them shared without consent through our intimate image removal form; we remove the image within 48 hours of a valid request, and we also remove identical copies we find on PlayHouse. Signed-in Users can also use our Report leaked content or impersonation form. Anyone can report copyright infringement through our copyright request form, and anyone can report other illegal or harmful Content through our contact form (choose Report illegal or harmful content) or under our Complaints Policy. When you report Content, we confirm that we received your report and tell you the outcome.
Human review. We do not review all Content before it is published. Every report opens a review case, and Content and accounts flagged by our tools or reported by Users are reviewed by trained people, who decide what action to take.
Actions we may take. Depending on the circumstances, we may remove Content; restrict it (for example, by marking it as sensitive and removing it from discovery features); warn you; suspend, freeze or terminate your account; hold, withhold or forfeit earnings; refund Payments; stop a livestream or end a video call; and report to the authorities as the law requires. We report apparent child sexual abuse material to NCMEC's CyberTipline, as US law (18 U.S.C. §2258A) requires, and preserve the related information as the law requires.
Statements of reasons and appeals. When we remove or restrict your Content, warn you, freeze, suspend or terminate your account, or hold or withhold your earnings, we will Notify you by email with a statement of reasons: what we did, the facts and circumstances we relied on, whether automated means were used, the rule or law we applied, and how you can appeal or seek other redress. We will not do so where the law, or the need to protect someone's safety or an investigation, prevents it. You can appeal as described in our Appeals Policy, and we will tell you the outcome of your appeal.
Child sexual abuse material and non-consensual intimate imagery. Decisions about child sexual abuse material cannot be appealed through the ordinary appeal routes. If your account was frozen or your Content removed under our child sexual abuse material process and you believe this was a mistake, you can ask for a false-positive review through our legal and privacy request form (choose "Legal inquiry"). A trained reviewer who was not involved in the original decision decides the review, without re-exposing or restoring the material. Confirmed child sexual abuse material is never restored, and an account found to have shared it is never reinstated. If Content you uploaded was removed as non-consensual intimate imagery, you can seek a review in the same way.
Safety tools. Creators can choose who may message them. Any User can block another User in Settings → Blocked accounts, and blocking stops chats between you.
We are not responsible for any loss you suffer because of action we take in good faith under the Terms of Service to review, suspend, restrict or remove Content or to investigate suspected wrongdoing. You agree to give us reasonable help with any investigation, including copies of information we ask for.

Our other rights

We may investigate any suspected or alleged misuse, abuse or unlawful use of PlayHouse, and cooperate with law enforcement and regulators in their investigations.
We will process your personal data as described in our Privacy Policy, which also explains when we may disclose information about you, including to law enforcement in response to valid legal process or where someone's life or safety is at risk. We may notify you before disclosing your information, unless the law, a court order or the circumstances (for example, an emergency or a child-safety case) prevent it.
We decide how Content and Creators are presented in discovery features such as Explore and search. The Platform-to-Business Terms describe the main factors that affect this for Creators in the European Union, the European Economic Area and the United Kingdom.
We may change the payment processors we use at any time.
Other than Content, which is owned by or licensed to the Users who upload it, we and our licensors own all rights in and to PlayHouse, including its software, design, features, databases and trademarks.
We may create aggregated or de-identified data from your use of PlayHouse. We own that data and may use it for any purpose the law allows.

Account events and analytics

When you create an account or use PlayHouse, you acknowledge that we record certain events against your account, such as the outcome of identity or age verification, when a Creator account is activated and when a Creator first earns, and that we use them to understand and improve how PlayHouse works, as described in our Privacy Policy. The Privacy Policy explains the legal basis we rely on and the choices you have.

Communications from us

You agree to receive communications from us electronically, including by email and by messages in your PlayHouse account. Electronic communications satisfy any legal requirement that a communication be in writing.
We will send you messages about your account, purchases, payouts, security and the Terms of Service, which you cannot turn off while you have an account.
We may also send you marketing emails about PlayHouse, such as product news and tips. If you follow a Creator, you may receive emails when they publish a new post or go live. These emails are on unless you turn them off. Every marketing email has a one-click unsubscribe link, and you can turn each kind of email off in Settings → Email. You can manage your push notifications in Settings → Notifications.

12. What we are not responsible for

We will use reasonable care and skill in providing PlayHouse to you, but there are things we are not responsible for, including:

Content posted by Users, or by anyone helping a User to manage their account. We do not choose, endorse or guarantee the accuracy, legality or reliability of any Content, and views expressed by Users are not our views.
Granting you rights in Content. Any rights in Content are granted by the Creator, under the Standard Contract Between Fan and Creator.
Your being recognized or identified from your Content by people who know you.
Any suggestion, comment, request or instruction from another User. If you choose to follow one, you do so at your own risk.
Any promise or guarantee of earnings for Creators, Agencies or Referring Users.
The accuracy or completeness of general information on PlayHouse, which is provided for information only.
Whether PlayHouse works with every device, browser and operating system. You are responsible for your own devices, software, internet connection and virus protection.
Internet availability, connection errors, or problems with your devices or software.
Lost, stolen or compromised accounts or email accounts, or any resulting unauthorized activity, payments or withdrawals, unless caused by our failure to take reasonable care.
The copying or circulation of Content by other Users or third parties on PlayHouse or elsewhere in breach of the Terms of Service. Once Content is shared, we cannot control how others use it, and deleting it or your account does not guarantee that it is removed from other places.
Websites, services and resources outside PlayHouse, including those linked from a User's profile.

This section does not limit any responsibility we have under the law that cannot be limited, or under Rights that depend on where you live.

13. Suspension, deletion and withholding of earnings

Ending the agreement with notice. We may terminate your agreement with us and your access to PlayHouse for any lawful reason by giving you at least 30 days' Notice.
Immediate action. We may, at any time and without advance Notice, and for as long as we reasonably need to review the facts: suspend or freeze your account or Content; pause Payments to you and renewals that would fall due during the suspension; withhold all or part of your Creator Earnings or other balances; and suspend, refund or cancel Payments, if:
1. we reasonably believe you have breached, or may have breached, the Terms of Service or the law;
2. you attempt or threaten to breach the Terms of Service in a way that has or could have serious consequences for us, another User or a third party;
3. we suspect that all or part of your earnings result from unlawful or fraudulent activity, whether by you or by the person who made the Payment;
4. you take, or try to take, any action that we reasonably believe has caused or is likely to cause loss to us or other Users, or to harm the reputation of PlayHouse or its Users;
5. a chargeback is filed on your account;
6. you do not promptly give us information we reasonably ask for, including verification information; or
7. we are required to do so by law, by a court or regulator, or by our payment processors.
Frozen accounts. Where there is strong evidence of the most serious harms, such as child sexual abuse material, we freeze the account. A frozen account cannot be signed in to, its earnings are held, and it cannot be deleted by the account holder while the review continues.
After our review. If, after reviewing the facts, we conclude that any of the circumstances above applies, we may delete your account or Content, treat all or part of your Creator Earnings as forfeited, refund or cancel Payments, and restrict your access to PlayHouse. If we forfeit Creator Earnings, we may refund the Payments that produced them to the Fans who made them. If we terminate a Fan account for breach of the Terms of Service, Payments, including for the current Subscription period, will not be refunded unless the law requires it.
Partial release and set-off. If we decide that part of a withheld amount is unrelated to the breach or suspected unlawful activity, we may release that part. If your breach has caused or may cause us loss, we may withhold your earnings and set them off against that loss.
Liens and guardians. If we receive notice of a lien, levy, garnishment or other legal claim over your earnings, we may withhold them and pay them to the person entitled to them by law or court order. We have no duty to pay your creditors except as the law requires. If we are notified that a legal guardian or similar representative has been appointed for you, we may suspend your account and, once satisfied of their authority, pay your earnings to them.
Notice and reasons. We will Notify you when we take any of these actions, and tell you why, unless the law or the need to protect someone's safety or an investigation prevents it. Business Users established or resident in the European Union, the European Economic Area or the United Kingdom have additional rights to notice and reasons, described in the Platform-to-Business Terms.
Challenging a decision. You can appeal a decision about your Content at /moderation-appeal, and a decision to ban your account at /appeal, as described in our Appeals Policy. You can also appeal a decision to hold, withhold or forfeit your earnings, or any other decision about your account as a whole, at /appeal. Appeals are decided by someone who was not involved in the original decision. If you do not appeal or otherwise dispute a decision in writing within six months of our Notice of it, you give up the right to dispute it with us, except where the law where you live does not allow this.
UK users. If you are in the United Kingdom, you have a right under section 72 of the Online Safety Act 2023 to bring a claim for breach of contract if we take down or restrict access to Content you have generated, uploaded or shared, or suspend or ban you from PlayHouse, in breach of the Terms of Service.
Your Content after termination. If your account is terminated, we will handle your Content and data as described in our Privacy Policy, which may include deleting it. You will not be able to access your Content after termination, and PlayHouse has no facility to retrieve it for you.

14. Intellectual property and licenses

You keep ownership of the Content you upload. You confirm that your Content does not infringe anyone else's intellectual property or other rights, and that you have all the rights needed to grant the licenses below.
License to us. You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, format, encode, resize, blur, display, perform, distribute and make available your Content, and to create derivative versions of it (such as previews, thumbnails and compressed copies), for the purposes of operating, providing, securing, moderating and improving PlayHouse, enforcing the Terms of Service and complying with the law. You also grant us the right to use your username, display name, profile photo and free, public Content to show and promote your Creator account on PlayHouse and in promoting PlayHouse. We do not use sexually explicit Content in our own marketing.
How long the license lasts. The license lasts for as long as your Content is on PlayHouse. After you or we remove Content, the license continues only as needed to keep copies we are required or permitted to keep for legal, safety, evidential, record-keeping or dispute purposes, and copies in backups until they are overwritten.
We may sublicense these rights to our service providers so they can help us operate PlayHouse, and to other Users to the extent needed for them to access Content as the Terms of Service allow. We may transfer the license as part of a sale or transfer of our business.
We will never sell your Content to other platforms.
To the extent the law allows, you waive, or agree not to assert, any moral rights you have in your Content against us or our service providers in connection with the uses this license permits.
Infringement elsewhere. You authorize us, if we choose, to send notices of infringement of your Content on your behalf to third parties that are using it without permission, and to withdraw them. We are not obliged to do so and we do not monitor other websites for copies of your Content. Our Helping Creators Protect Their Content page explains what you can do.
Infringement on PlayHouse. Our DMCA and Copyright Policy explains how to report Content on PlayHouse that infringes your copyright. We keep a record of valid infringement notices against each account and, in appropriate circumstances, we terminate the accounts of repeat infringers.
Feedback. If you send us ideas or suggestions about PlayHouse, we may use them without any obligation to you.

15. Content featuring other people

You are legally responsible for all Content you upload, including Content that shows, features or includes anyone other than you, even if that person cannot be identified ("Co-Authored Content").
Explicit or nude Co-Authored Content. You must not upload Co-Authored Content that is sexually explicit or contains nudity unless each other person shown in it is either: (a) a Creator on PlayHouse who has passed our identity verification, whom you tag by their PlayHouse @username in the caption; or (b) an adult who has completed our co-performer release form for that Content.
Co-performer release forms. A co-performer completes the release form themselves, through PlayHouse. They verify their age and identity with our identity verification provider and record their consent to appearing in the Content and to its publication and sale on PlayHouse. You must not publish the Content until the co-performer has completed the release form. Completing a release form does not make the co-performer a Creator.
Other Co-Authored Content. Co-Authored Content that is not sexually explicit and contains no nudity may show other consenting adults. You must hold their consent, as described below.
For any Co-Authored Content, you promise that each person shown in it:
1. was at least 18 years old when the Content was created;
2. gave their express, prior, fully informed and written consent to appearing in the Content, to its upload to PlayHouse and to its being sold or shared there; and
3. has not withdrawn that consent.
You must keep, for each person shown, a copy of their government-issued identity document, proof of their age and their signed written consent and release, together with the records 18 U.S.C. §2257 requires (see Custodian of records), and give them to us promptly when we ask. If you, or anyone shown, do not give us information we ask for, we may restrict or delete the Content or your account and withhold all or part of your Creator Earnings.
A person shown in Co-Authored Content may withdraw their consent at any time, through our intimate image removal form or, if they have an account, our Report leaked content or impersonation form. When consent is withdrawn, we will remove the Content.
Creator Earnings from Co-Authored Content are paid only to the Creator account on which it was published. Any revenue-sharing arrangement with the other people shown is a private agreement between you and them, which we do not provide or enforce. You are not entitled to any earnings from Co-Authored Content published on another Creator's account.
We are not a party to any agreement to create Co-Authored Content or to any dispute about it. Claims about Co-Authored Content must be brought against the Creator who published it or the people shown in it, not against us, and you release us from any such claims, to the extent the law allows.
If any Co-Authored Content is a work of joint authorship, you are responsible for obtaining any licenses or consents needed from the other authors.

16. Sharing and linking

Links to PlayHouse. You may link to PlayHouse, including to your own profile, provided you do so fairly and lawfully and not in a way that is deceptive, damages our reputation or suggests any association with, approval of or endorsement by us that does not exist.
Promoting your account. When you promote your PlayHouse account elsewhere, you must follow the Terms of Service and the terms of the place where you promote it. You must not impersonate PlayHouse or suggest that we are promoting your account. You must not promote your PlayHouse account using search engine advertising or any similar paid search advertising service.
Links from PlayHouse. Profiles may show links to a User's social media or other websites. Links from PlayHouse to other websites are provided for convenience only. We do not control, approve or endorse those websites, and we are not responsible for them or for any loss that results from your use of them.
Domain names. You must not register or use a domain name that contains the PlayHouse name or trademark, or anything confusingly similar, unless: (a) it is registered by you, as a Creator; (b) it redirects only to your PlayHouse profile, and not to any other website, including a link aggregator; and (c) you have our prior written permission and have signed a license agreement with us. To ask for permission, use our legal and privacy request form. If you do not comply with this section or the license agreement, we may bring a domain name dispute or seek other remedies.
You must not otherwise use the PlayHouse name, logo or other trademarks, or anything confusingly similar, except as the Terms of Service allow or with our prior written permission.

17. Advertising and AI-content disclosures

Advertising Content. "Advertising Content" means Content that promotes, directly or indirectly, third-party goods, services or brands in return for payment or other valuable consideration, including sponsorships, product placement and affiliate arrangements. Advertising Content must not:
1. be illegal, false, misleading, harmful, hateful or in breach of the Acceptable Use Policy;
2. undermine human dignity, promote discrimination, or encourage behavior that is harmful to health, safety or the environment;
3. exploit people's inexperience or credulity, or directly urge people to buy, or to persuade others to buy, goods or services;
4. advertise tobacco products, electronic cigarettes or refill containers, illegal drugs or prescription-only medicines;
5. advertise, promote or facilitate illegal gambling; or
6. advertise alcoholic drinks to minors or encourage excessive drinking.
Labeling Advertising Content. You must clearly label Advertising Content by including in its caption a signifier such as #ad, #sponsored or #paidpromotion, and the name of the brand being advertised. You must also follow the advertising disclosure laws that apply to you, such as the US Federal Trade Commission's Endorsement Guides.
AI-generated or AI-altered Content. You may share Content that has been generated, altered or enhanced with artificial intelligence only if it complies with the Terms of Service, clearly features you, the verified Creator, and is clearly labeled, for example with #ai in the caption. You must not use AI to depict anyone else. You must not use an AI chatbot or any other automated tool to write chats or direct messages. A profile photo may be AI-generated, but every Creator account must belong to a verified real person, and identity verification always requires a real, live image of you. You must not use Content or PlayHouse to train artificial intelligence (see No scraping, copying or AI training). The Acceptable Use Policy sets out more rules.

18. Deleting your account

How to delete your account. You can delete your account yourself in Settings → Account → Delete account. We will email you a link to confirm the deletion. You can also ask us to delete your account and data by submitting a privacy request through our legal and privacy request form and choosing "Delete my data". You can ask for a copy of your data the same way, by choosing "A copy of my data".
Before you delete. If you are a Creator or an Agency, withdraw your available earnings before you delete your account. Wallet balance that cannot be withdrawn, such as top-ups and cashback, cannot be paid out on deletion, except where the law requires otherwise.
What happens when your account is deleted.
1. You are signed out everywhere, and you will no longer have access to your account or its Content.
2. Your posts and stories are removed.
3. Your Subscriptions to Creators are canceled and will not renew. If you are a Creator, your Fans' Subscriptions to you are canceled.
4. Your follows are removed.
5. Your chats are hidden, and the messages you sent are removed from view.
6. Your profile is removed from the list of pages we provide to search engines.
A frozen account cannot be deleted at the account holder's request while our review continues. If we delete a Creator account and a balance is left on it, we hold that balance for review.
Deleting your account does not delete Co-Authored Content published on another Creator's account, or copies of your Content that others have made elsewhere. After deletion, we purge deleted accounts and their data on a regular schedule, except for information we must keep for legal, safety, fraud-prevention, tax or accounting reasons, as described in our Privacy Policy.
Deleting your account ends your agreement with us, but the sections of the Terms of Service that by their nature should continue, including those on licenses we need to keep, amounts owed, liability, indemnities and disputes, will continue to apply.

19. Our responsibility for loss or damage

For all Users

We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for anything else that cannot be excluded or limited under the law that applies to you.
If you are a Consumer, you may rely on the mandatory provisions of the law of the place where you live, and nothing in the Terms of Service affects your rights under those provisions.
TO THE FULLEST EXTENT THE LAW ALLOWS, AND EXCEPT AS THE TERMS OF SERVICE EXPRESSLY SAY OTHERWISE, PLAYHOUSE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT PLAYHOUSE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS OR HARMFUL COMPONENTS. THIS DOES NOT AFFECT ANY GUARANTEE OR RIGHT THAT THE LAW WHERE YOU LIVE GIVES YOU AND THAT CANNOT BE EXCLUDED.
We are not liable for any failure or delay in performing the Terms of Service caused by events outside our reasonable control. If such an event happens, we will try to tell you and to minimize its effect.

If you are a Consumer

We, our affiliates, and our and their 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 PlayHouse.
If you live in the United States, and to the fullest extent the law allows, our total liability to you for claims arising out of or relating to your agreement with us or your use of PlayHouse is limited to US$250 per claim.
If you live outside the United States, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms of Service or our failure to use reasonable care and skill, and not for loss or damage that is not foreseeable.

If you are a Business User

To the extent the law allows, we, our affiliates, and our and their employees, owners, representatives and agents:
1. exclude all implied conditions, warranties, representations and other terms that may apply to PlayHouse or any Content, so that if the Terms of Service do not expressly include a promise by us, none can be implied;
2. are not liable for any loss or damage that is not a foreseeable result of our breach of the Terms of Service or our failure to use reasonable care and skill;
3. are not liable 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 PlayHouse or any of its features, or your use of or reliance on any Content or data stored on PlayHouse;
4. are not liable for any loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of data or information, including Content; or any indirect, consequential, special, incidental or punitive loss or damage;
5. are not liable for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware or other technologically harmful material, except to the extent caused by our failure to take reasonable care;
6. are not liable if your Content is copied, distributed, reposted elsewhere or infringed by another User or a third party; and
7. are not liable for any disclosure of your identity or personal information by other Users or third parties without your consent (sometimes called "doxing").
Our total liability to you for all claims arising out of or relating to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of: (a) 100% of the total platform fees and other fees you have paid to us in connection with your use of PlayHouse; and (b) US$5,000.
You will indemnify us, our affiliates, and our and their employees, owners, representatives and agents against any claims, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of your Content, your use of PlayHouse, any Creator Interaction you take part in, any agreement between you and an Agency or another User, or your breach of the Terms of Service or the law.

20. Rights that depend on where you live

This section summarizes rights that the law of some places gives you. It does not limit any other right you have under the law that applies to you. Our Regulatory Information page has more information for users in the European Union, the United Kingdom and Australia.

United States

Our automatic renewal terms are set out in Subscriptions and automatic renewal and How to cancel a Subscription. If the law of your state, such as California's Automatic Renewal Law, gives you additional rights about automatic renewals, free trials or cancellation, those rights apply.
If you live in California: under California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

European Union, European Economic Area and United Kingdom

Consumer guarantees. If you are a Consumer, the law gives you rights when digital content or digital services are faulty, not as described or not supplied. Depending on the case, you may be entitled to have the problem fixed, to a price reduction or to a refund. These Terms do not affect those rights. Your right of withdrawal is described in Right of withdrawal for EU, EEA and UK consumers.
Your courts and your law. If you are a Consumer, the arbitration agreement and class-action waiver in Disputes, governing law and arbitration do not apply to you, you may bring proceedings in the courts of the country where you live, and you keep the protection of the mandatory laws of that country.
Moderation decisions (European Union). When we restrict your Content or account, we send you a statement of reasons (see How we moderate Content). Under the Digital Services Act, you may complain to us about the decision through our internal complaint-handling system, as described in our Appeals Policy and Complaints Policy, you may refer the dispute to a certified out-of-court dispute settlement body, and you may go to court. Our Regulatory Information page has the information the Digital Services Act requires us to publish.
Breach-of-contract claims (United Kingdom). Your right under section 72 of the Online Safety Act 2023 is described in Suspension, deletion and withholding of earnings. You can complain to us under our Complaints Policy.
Business Users. Creators, Agencies and Referring Users established or resident in the European Union, the European Economic Area or the United Kingdom have the rights described in our Platform-to-Business Terms, including notice of changes, reasons for restrictions, suspensions and terminations, internal complaint handling and mediation.

Australia

If you are a consumer under the Australian Consumer Law, our services come with guarantees that cannot be excluded under that law, and nothing in the Terms of Service excludes, restricts or modifies those guarantees or your remedies for a failure to comply with them.
The arbitration agreement and class-action waiver do not apply to you as a consumer, and you may bring proceedings in the courts of the Australian state or territory where you live.
You can complain about Content to us, and you may also be able to complain to the eSafety Commissioner, as described on our Regulatory Information page.

Other places

If you live in any other place whose law does not allow a Consumer to agree in advance to arbitration, to waive class or collective proceedings, or to give up the jurisdiction of their local courts, the corresponding parts of Disputes, governing law and arbitration do not apply to you to that extent.

21. General

You agree that:

If any part of your agreement with us is found to be unenforceable, the rest remains in effect, and the unenforceable part will be enforced to the greatest extent the law allows. This is subject to the special rules in Severability of the arbitration agreement.
If we do not enforce any part of your agreement with us, or delay in doing so, that is not a waiver of our rights.
We reserve all rights not expressly granted to you. No implied licenses or other rights are granted to you in relation to PlayHouse, except as expressly set out in the Terms of Service.
Your agreement with us does not create any agency, partnership, joint venture, employment or fiduciary relationship between you and us. You have no authority to bind us. Creators and Agencies are independent of us.
Your agreement with us does not give rights to any third party, except that our affiliates and our and their employees, owners, representatives and agents may enforce the exclusions and limitations of liability and the terms relating to disputes.
You may not transfer, assign or subcontract your rights or obligations under your agreement with us without our prior written consent.
We may assign or transfer our rights and obligations under your agreement with us, including as part of a merger, acquisition or sale of assets, or by operation of law. We may delegate the performance of our obligations to third parties, but we will remain responsible to you for them. If you are a Consumer, we will make sure any transfer does not reduce your rights.
The Terms of Service are the entire agreement between you and us about your access to and use of PlayHouse, and replace any earlier agreement or understanding about it. This does not affect any separate written agreement you have with us, such as an agreed platform fee rate or a domain name license.
These Terms are written in English. If we provide a translation and there is a conflict, the English version applies, to the extent the law allows.
If you have a complaint about PlayHouse, see our Complaints Policy and Appeals Policy.

22. Disputes, governing law and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT, TO HAVE A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. IT DOES NOT APPLY TO YOU TO THE EXTENT DESCRIBED IN WHERE THIS SECTION DOES NOT APPLY.

Your agreement to this section

When you create an account, and each time you pay at checkout, PlayHouse tells you that these Terms include an arbitration agreement and a class-action waiver and links to them. By continuing, you agree to this section.

Governing law

Your agreement with us, and any dispute or claim arising out of or relating to it or to your use of PlayHouse (including non-contractual disputes and claims), is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in this section.
If you are a Consumer, you also keep the protection of the mandatory rules of the law of the place where you live.

Step 1: informal resolution

Most disputes can be resolved without formal proceedings. Before either of us starts an arbitration or a court claim (other than a small-claims court action or a claim described in Where this section does not apply), the party with the claim must send the other a written notice of dispute. You must send yours through our legal and privacy request form (choose "Notice of dispute"). We will send ours to the email address on your account.
The notice must include the sender's name, the username and email address of the account concerned, a description of the dispute and the facts it is based on, and the relief requested. If you are represented by a lawyer, the notice must still be signed or confirmed by you personally.
For 60 days after the notice is received, you and we will try in good faith to resolve the dispute informally. If either of us asks, we will hold an individual call or video meeting, which you may attend with your lawyer. Neither of us may start an arbitration or court claim on the dispute during this period. Any time limit for bringing the claim is paused while this informal process is under way.
Complying with this informal process is a condition of starting an arbitration. If a claim is filed without it, the arbitrator or the AAA may pause or dismiss it until the process has been completed.

Step 2: individual binding arbitration

If a dispute is not resolved within the 60-day period, you and we agree that it will be resolved by binding arbitration on an individual basis, and not in court, except as described in Small-claims court and Where this section does not apply. This applies to all disputes and claims between you and us (and our affiliates, and our and their employees, owners, representatives and agents) arising out of or relating to the Terms of Service, PlayHouse, any Payment or Creator Interaction, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether the claim arose before or after you agreed to these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA"). If you are a Consumer, the AAA Consumer Arbitration Rules apply. If you are a Business User and the dispute relates to your business use of PlayHouse, the AAA Commercial Arbitration Rules apply. The rules are available at adr.org. If the AAA is unavailable or unwilling to administer the arbitration, the parties will agree on, or a court will appoint, another administrator.
A single arbitrator will decide the dispute. The arbitrator may award the same individual relief that a court could award, including damages, declaratory relief and injunctive relief, but only in favor of the individual party seeking it and only to the extent needed to provide relief warranted by that party's individual claim.
If you are a Consumer, the arbitration will take place by video conference or by written submissions, or, if an in-person hearing is needed, in the county where you live. If you are a Business User, any in-person hearing will take place in Wilmington, Delaware, unless we agree otherwise.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules and fee schedules. If you are a Consumer and you show that these fees would be prohibitive compared with the cost of going to court, we will pay as much of them as the arbitrator decides is needed to prevent the arbitration from being cost-prohibitive. Each party bears its own legal fees and costs, unless the applicable rules or law allow the arbitrator to award them.
The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court will decide: (a) any dispute about the class-action waiver, including its enforceability; (b) any dispute about the batching rules in Mass arbitration; and (c) whether a claim falls within Small-claims court or Where this section does not apply.
The arbitrator's award is final and binding, and judgment on it may be entered in any court with jurisdiction.

Class-action and jury-trial waiver

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims (other than as described in Mass arbitration) and may not preside over any form of class, collective or representative proceeding.
TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

Your right to opt out of arbitration

You may opt out of this arbitration agreement by sending us a written notice through our legal and privacy request form (choose "Arbitration opt-out") within 30 days after you first agree to these Terms (by creating your account or, if you already had an account, by continuing to use PlayHouse after these Terms take effect).
Your notice must include your name, the username and email address of your account, and a clear statement that you are opting out of the arbitration agreement in the PlayHouse Terms of Service. We keep a record of each opt-out we receive.
If you opt out, neither you nor we can require the other to arbitrate, and disputes will be resolved in court as described in Courts. The class-action waiver and jury-trial waiver will continue to apply to the extent the law allows. Opting out does not affect any other part of the Terms of Service, and it will not affect your account or how we treat you.

Small-claims court

Either you or we may bring an individual claim in a small-claims court instead of arbitration, as long as the claim qualifies for and remains in that court and is not transferred, removed or appealed to a court of general jurisdiction. The informal resolution step still applies first.

Mass arbitration

If 25 or more similar demands for arbitration are filed against us, or by us, by or with the help of the same or coordinated lawyers or organizations, within a 180-day period, the AAA's Mass Arbitration Supplementary Rules will apply, together with the rules in this section.
The demands will be administered in batches of up to 100 demands each (with the last batch containing any remainder). Each batch will be assigned to one arbitrator, and the parties will pay one set of filing and administrative fees per batch, as the AAA's rules provide. The parties will cooperate in good faith to implement this process and to resolve the batches efficiently, including through any process the AAA proposes for resolving common issues.
Any time limit for bringing a claim that is subject to this process is paused from the time the notice of dispute was sent until the claim's batch is assigned to an arbitrator.
A court may resolve any dispute about whether this section applies or about how it is applied. If this section is found to be unenforceable as applied to any demand, that demand will be decided in arbitration under the ordinary AAA rules, unless the class-action waiver is also found unenforceable for it, in which case Severability of the arbitration agreement applies.

Where this section does not apply

Intellectual property. Either you or we may bring a claim in court for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation or other misuse of intellectual property rights, including copyrights, trademarks, trade secrets and rights in Content (for example, unauthorized copying, recording, scraping or redistribution of Content), without first going through informal resolution or arbitration.
Consumers protected by their local law. If you are a Consumer who lives in the European Union, the European Economic Area, the United Kingdom or Australia, or in any other place whose law does not allow a Consumer to agree in advance to binding arbitration, to a class-action waiver or to the exclusive jurisdiction of foreign courts, then the arbitration agreement, the class-action waiver and the jury-trial waiver do not apply to you to that extent. You keep all your mandatory rights under that law, and you may bring proceedings in the courts of the place where you live. We encourage you to use the informal resolution step first, but it is not a condition of going to court.
Mandatory rights of Business Users. Nothing in this section prevents a Business User established or resident in the European Union, the European Economic Area or the United Kingdom from using the mediation process described in the Platform-to-Business Terms, or limits any right that cannot be excluded under the law that applies to them.

Severability of the arbitration agreement

If the class-action waiver is found to be unenforceable as to any claim or any request for relief (for example, a request for public injunctive relief), then that claim or request, and only that one, will be severed from the arbitration and decided by a court as described in Courts, after any individual claims have been arbitrated. The court proceeding on that claim will be paused until the arbitration is complete. In no case will a class or representative arbitration take place.
If any other part of this arbitration agreement is found to be unenforceable, that part will be severed, and the rest of the arbitration agreement will remain in effect.

Changes to the arbitration agreement

If we make a material change to this arbitration agreement, we will Notify you at least 30 days before it takes effect. The change will not apply to any claim for which a notice of dispute was already sent before the change took effect. If you do not agree to the change, you may reject it by sending us written notice through our legal and privacy request form within 30 days after the change takes effect, in which case the most recent version of this arbitration agreement that you accepted will continue to apply to you.

Courts

Any claim that is not subject to arbitration (because you opted out, because it is excluded from arbitration, or because a court decides it must proceed in court) must be brought exclusively in the state courts located in New Castle County, Delaware, or the United States District Court for the District of Delaware, and you and we consent to the personal jurisdiction of those courts. This does not apply to a small-claims court action, or to a Consumer who is entitled to bring proceedings in the courts of the place where they live.

Time limit for bringing claims

Except where the law that applies to you does not allow it, any claim arising out of or relating to your agreement with us or your use of PlayHouse must be started within one year after the claim arose, or after you knew or should have known of the facts giving rise to it, whichever is earlier. After that, the claim is permanently barred. This time limit is paused as described in Step 1: informal resolution and Mass arbitration.