Terms of Service

1. Introduction

These terms of service are entered into between you and Fancy Tech LLC, a Nevada limited liability company (“we,” “our,” or “us”). The following terms, together with any documents they incorporate by reference, govern your access to and use of https://thirstchat.com/, including any content, functionality, and services offered on or through it (“ThirstChat”).

2. Incorporated Documents

The following documents are incorporated into and form part of these terms of service:

1. Acceptable Use Policy
2. Complaints Policy
3. Appeals Policy
4. Content Moderation Policy
5. Anti-Human Trafficking, Anti-Sex Trafficking, and Anti-Prostitution Policy
6. DMCA Policy
7. U.S. TAKE IT DOWN Act Compliance Policy
8. Law Enforcement Request Policy
9. Age Verification Policy
10. Platform to Business Regulation Terms

3. Acceptance of the Terms of Service

Please read these terms of service and the above documents carefully before using ThirstChat. By accessing or using ThirstChat or by clicking to accept or agree to these terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service. If you do not want to agree to these terms of service, you must not access or use ThirstChat.

4. Important Legal Disclosures

These terms of service contain provisions that affect your legal rights and how certain types of claims between you and us are handled, including:

• Warranty Disclaimers
• Limitation of Liability
• Resolving Disputes

Additionally, these terms of service include an Arbitration and Class Action Waiver (the “Arbitration Agreement”). Except for certain types of disputes described in the Arbitration Agreement, you and we agree that any disputes arising out of these terms of service or your access or use of ThirstChat will be resolved through binding arbitration. By accepting these terms of service, you and we are each waiving the right to a trial by jury or to participate in any class action lawsuit, class-wide arbitration, or other representative proceeding.

5. Eligibility and Age Restrictions

You may use ThirstChat only if you are at least 18 years old (or the age of majority where you live, if higher), access to adult-oriented material is not prohibited where you are located, and you have the legal capacity to enter into a binding contract. By accessing or using ThirstChat, you state that the following facts are accurate: (1) you meet the age and legal-capacity requirements above; (2) you comply with all laws and regulations applicable to adult-oriented content in your jurisdiction; and (3) you are not using tools or methods (e.g., VPNs, proxies, false or third-party identification) to circumvent geographic restrictions or age-verification requirements. If any of the above is untrue, you must not use ThirstChat.

Access to ThirstChat is restricted to Users who confirm that they meet the minimum age requirement (18 or the age of majority where they live, whichever is greater). Where required by applicable law, we require Users to complete age verification (and, if applicable, identity verification) in accordance with our Age Verification Policy before accessing ThirstChat. We comply with applicable age-verification laws in the jurisdictions in which we operate. Attempts to access the service by misrepresenting age, submitting false identification, or using another person's identity are strictly prohibited and may result in immediate account suspension and, where appropriate, referral to law enforcement. Tools and settings on most devices and operating systems can help parents and guardians prevent minors from accessing adult content, and we encourage the use of parental controls on shared devices.

6. Definitions

In these terms of service, the following definitions apply:

• “Business User” means a User who uses ThirstChat in a commercial or professional capacity, including a Creator.
• “Consumer” means a natural person who uses ThirstChat for purposes that are wholly or mainly outside their trade, business, craft, or profession.
• “Content” means any material Uploaded to or otherwise made available on or through ThirstChat by any User, including without limitation photos, videos, audio (including audio communicated during calls), live video, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other forms of media or content, whether now known or thereafter devised.
• “Creator” means a User who has set up and, where required, verified their ThirstChat account to offer Creator Interactions and make Content available to Fans through ThirstChat, including by posting or sharing Content and participating in messages and calls.
• “Creator Earnings” means the USD value of the ThirstChat Credits payable to a Creator under these terms of service after applying the applicable revenue split and all relevant Tax laws.
• “Creator Interaction” means any feature, interaction, or transaction on ThirstChat for which ThirstChat Credits are redeemed to access or receive a Creator's Content or communications, including phone calls, 1-on-1 video chat, text messages, picture/video/audio messages, PPV unlocks, and tips.
• “Credit Purchase” means any payment made to ThirstChat to obtain ThirstChat Credits (or otherwise fund a User's ThirstChat Credit balance), including any applicable Taxes and fees charged at checkout.
• “Fan” means a User who redeems ThirstChat Credits for a Creator Interaction.
• “Notice,” “Notify,” and “Notification” mean our attempt to communicate with you (in our discretion) through one or more of the following methods: (1) by sending a message to your ThirstChat account; (2) by sending an email to the email address you provided; (3) by mailing a letter to the physical address you provided; (4) by sending a text message to, or calling, the phone number you provided; (5) by sending a push notification; or (6) by posting a notification on ThirstChat.
• “Tax” means all forms of taxes, duties, levies, imposts, fees, charges, contributions, withholdings, or other governmental assessments, whether imposed by a national, federal, state, local, or foreign authority, and whether direct or indirect, including any related interest, penalties, or additions.
• “ThirstChat Credits” means the virtual credits that a User may obtain from ThirstChat (including by purchase or as free or promotional credits) and redeem on ThirstChat for Creator Interactions.
• “Upload” and “Uploaded” means to submit or add material to ThirstChat for storage on the platform after submission, including photos, prerecorded videos, audio files, text, metadata, images, thumbnails, captions, descriptions, and other files or materials that can be stored and accessed on the platform after upload.
• “User” means any person who accesses or uses ThirstChat, whether as a Creator, a Fan, or both (also referred to as “you” or “your”).

7. Changes to the Terms of Service

We may revise and update these terms of service on one or more occasions, including to reflect changes in applicable law, address security or risk concerns, or improve our services. All changes are effective immediately when we post them and apply to all access to and use of ThirstChat thereafter, except that any changes to the Resolving Disputes section will not apply to any disputes of which the parties had actual knowledge on or before the date the change is posted.

We may provide you with advance Notice of certain changes, but we are not required to do so unless applicable law requires it. If you do not agree to the revised terms, you must stop using ThirstChat. Your continued use of ThirstChat after the posting of revised terms means that you accept and agree to them. We encourage you to review this page regularly so that you remain informed of any changes, as they are binding on you.

For Business Users established in the European Economic Area (EEA) or the United Kingdom (UK), we will provide at least 15 days' advance Notice of material changes to these terms where required by the EU Platform-to-Business Regulation (2019/1150), unless a shorter period is permitted (including for legal or security reasons).

8. Communications

We may communicate with you through electronic means, including, but not limited to, email, electronic messages sent to your account, or Notifications posted on ThirstChat. These communications might include, but are not limited to:

• Updates or changes to these terms of service.
• Notices regarding your account, including security issues, suspensions, or terminations.
• Information about new features, services, or promotions.
• Responses to customer support inquiries.

Email Notifications

You must provide and maintain a valid email address associated with your ThirstChat account. You acknowledge that any Notices sent to the email address on file will be deemed delivered to you.

Account Notifications

Certain important Notifications may also be sent directly to your ThirstChat account. You must regularly check your account for those Notifications.

Opt-Out and Unsubscribing

You may opt out of non-essential communications, including marketing emails, by following the unsubscribe instructions included in those communications. However, you cannot opt out of essential communications related to your account or legal notices.

Changes to Contact Information

It is your responsibility to keep your contact information, including your email address, current and accurate. We are not responsible for any missed notifications due to outdated or incorrect contact information.

9. Accessing ThirstChat and Account Security

We may withdraw or amend the ThirstChat and any service or material we provide on it without Notice. We will not be liable if any part of the ThirstChat you are accessing is unavailable. On one or more occasions, we may restrict access to any part of the ThirstChat to registered Users.

You are responsible for both:

• Making all arrangements necessary for you to have access to ThirstChat.
• Ensuring that all persons who access ThirstChat through your internet connection are aware of these terms of service and comply with them.

To access ThirstChat or any of the resources it offers, you will be required to provide certain registration details or other information. It is a condition of your use of ThirstChat that all the information you provide on ThirstChat is accurate. Depending on where you are located, you may be required to verify your age and identity through one or more age verification methods before you can access ThirstChat. All information you provide to register with ThirstChat or otherwise is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you are given a username, password, or other security credential, you must keep it confidential. You must not share your credentials with anyone or allow anyone else to access your account. You must notify us immediately if you learn of unauthorized access to your account. If you use a public or shared device, you must sign out when finished and take reasonable steps to prevent others from seeing or recording your credentials.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service (including our Acceptable Use Policy) or engaged in fraudulent or illegal activities.

10. Account Deletion

You may delete your ThirstChat account at any time through your account settings.

• If you are a Fan, we will delete your account within a reasonable time after your request is processed. Once your account is deleted, it cannot be recovered, and you will no longer have access to your account, your ThirstChat Credit balance, or any associated Content. Where technically feasible, we will provide a reasonable opportunity to export Content you have Uploaded before deletion.
• If you are a Creator, we may delay deletion for a reasonable period to complete processing of pending Creator Interactions, handle refunds, chargebacks, disputes, or fraud reviews, and to process any pending Creator Earnings in accordance with these terms of service. During this period, you will not be able to Upload new Content or initiate new Creator Interactions. Once these matters are resolved, we will proceed with deleting your account. Upon deletion, you will no longer be able to access your account or its Content. Deletion of your Creator account will not remove any Co-Authored Content posted by another Creator.

After deletion, we may retain and use your personal data in accordance with our Privacy Policy, including as required for legal or regulatory compliance, recordkeeping, dispute resolution, fraud prevention, or enforcement of these terms of service.

11. Intellectual Property Rights

ThirstChat and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This section does not transfer ownership of Content to us. Ownership and licenses for Content are addressed elsewhere in these terms of service.

You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, scrape, or transmit any material made available on or through ThirstChat except as expressly permitted by these terms of service or the platform's features. Without limiting the foregoing:

• You may access, view, and stream material through ThirstChat as enabled by its features.
• You may download material only where ThirstChat provides an in-product download function for that specific item, and only for your personal use.
• You may use social sharing features we make available only through those features and only as intended.

You must not:

• Modify copies of any materials from ThirstChat.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from ThirstChat.

If you print, copy, modify, download, or otherwise use, or provide any other person with access to, any part of ThirstChat in breach of these terms of service, we may suspend or terminate your right to use ThirstChat. At our request, you must return or destroy any unauthorized copies of materials you have created. No rights or interests in ThirstChat or any materials on ThirstChat are transferred to you, and we reserve all rights not expressly granted. Any use of ThirstChat not permitted by these terms of service is a breach of these terms and may violate copyright, trademark, or other applicable laws.

12. Trademarks

The Fancy Tech name, the term THIRSTCHAT, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on ThirstChat are the trademarks of their respective owners.

13. Prohibited Uses

You may use ThirstChat only for lawful purposes and in accordance with these terms of service (including our Acceptable Use Policy). You must not use ThirstChat:

• In any way that violates any federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or reuse any material that does not comply with our Acceptable Use Policy.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material, including “junk mail,” “chain letter,” “spam,” or any similar solicitation.
• To impersonate or try to impersonate us, any of our employees, another User, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of ThirstChat, or that, as determined by us, might harm us or Users, or expose them to liability.
• To solicit, accept, or facilitate payments for Creator Interactions outside ThirstChat (including to avoid our fees), or to direct Users off-platform to complete Creator Interactions.

Additionally, you must not:

• Use ThirstChat in any manner that could disable, overburden, damage, or impair ThirstChat or interfere with any other person's use of ThirstChat, including their ability to engage in real-time activities through ThirstChat.
• Conduct, facilitate, authorize, or permit any scraping, text or data mining, or other automated or systematic extraction of data from ThirstChat for any purpose, including developing, training, fine-tuning, or validating any AI system or model, except as expressly permitted by ThirstChat in writing.
• Use any manual or automated process to monitor, copy, or extract material from ThirstChat at scale, or for any purpose not authorized in these terms of service, without our prior written consent.
• Use any device, software, or routine that interferes with ThirstChat's proper working.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of ThirstChat, the server on which ThirstChat is stored, or any server, computer, or database connected to ThirstChat.
• Attack ThirstChat by a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with ThirstChat's proper working.

14. Content

Your Content is not confidential. You authorize your Fans to access and view your Content through ThirstChat for their lawful, personal use, subject to these terms of service and the platform's features.

You are responsible for all Content you Upload on ThirstChat and all activity conducted through your account. If you are a Creator, you must operate your Creator account yourself. You may receive administrative or production assistance that does not involve communicating with Fans, sending messages, participating in calls, or otherwise operating the account on your behalf. Our relationship is with you and not with any third party, and you are responsible for ensuring that all Content Uploaded and all use of your account complies with these terms of service.

You hereby grant us a nonexclusive, worldwide, royalty-free license to host, store, cache, transcode, reproduce, distribute, publicly display, and publicly perform your Content, and to make technical modifications as necessary to operate, provide, secure, and improve ThirstChat and to make your Content available to Fans through ThirstChat. You also hereby grant us the right to use your name, username, image, likeness, and other branding you provide in connection with your account to promote you, your account, or ThirstChat. We may sublicense these rights to our service providers and vendors solely to the extent necessary to provide ThirstChat.

We may use your Content to operate and improve our automated enforcement tools for content moderation, safety, abuse detection, and platform integrity purposes, and not to generate new content or create AI personas. To the extent permitted by law, you hereby waive any moral rights you may have in your Content.

We will not sell your Content to other platforms. If Fancy Tech LLC or its assets are sold, the licenses granted under these terms of service may be assigned as part of that transaction.

For each item of Content you Upload to ThirstChat, you state that the following facts are accurate:

• The Content complies with these terms of service (including our Acceptable Use Policy) and all applicable laws.
• You own the Content or have obtained all necessary rights, licenses, consents, and releases to Upload and monetize the Content on ThirstChat and to grant the licenses described in these terms of service.
• You consent to be depicted in the Content and to Upload the Content to ThirstChat, and you have obtained all necessary consents and releases from every person depicted in the Content.
• The Content does not infringe or violate the intellectual property rights of any third party.
• If the Content includes third-party material, you have secured all necessary rights, licenses, consents, and releases for its use.
• Where applicable, you have complied with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including maintaining required records. Upon our reasonable request for compliance purposes, you will provide copies of required records or other documentation sufficient to confirm compliance, subject to lawful redactions.

We are not responsible or liable to any third party for the content or accuracy of any Content you Upload.

You must act as custodian of records for Content to which 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 apply.

15. Co-Authored Content

As stated above, you are responsible for all Content you Upload or share. You may Upload or share Content that features someone other than you (“Co-Authored Content”).

If you Upload or share Co-Authored Content, you state that each individual appearing in the Co-Authored Content is either (1) a Creator identified using the tools available on ThirstChat, or (2) an individual at least 18 years of age whose proof of identity and written, informed consent you have obtained to Upload the Content on ThirstChat, including consent to be depicted in the Co-Authored Content, consent to Upload and distribute the Co-Authored Content through ThirstChat, and, if the Co-Authored Content will be made available for downloading by Fans, consent to have the Co-Authored Content downloaded.

You and each Co-Author must, upon request, provide us with documents reasonably necessary to confirm you have satisfied the requirements of these terms of service.

If you, or anyone appearing in Co-Authored Content, does not provide information we reasonably request, we may restrict or delete the Co-Authored Content or restrict or terminate your account. To the extent permitted by law and these terms of service, we may withhold Creator Earnings attributable to the Co-Authored Content pending resolution.

We are not a party to any agreement to create Co-Authored Content or any resulting dispute. Claims arising from Co-Authored Content must be made against the Creator(s) who Uploaded the Co-Authored Content or appeared in it, and you release us from claims arising from Co-Authored Content to the extent permitted by law.

If we receive a report or dispute from an individual appearing in Co-Authored Content, we may restrict access to or remove the Co-Authored Content while we review the matter under our Complaints Policy and Appeals Policy.

16. Monitoring and Enforcement; Suspension and Termination

We are committed to maintaining a positive and respectful community and do not tolerate Content or conduct that violates these terms of service, our Acceptable Use Policy, or applicable law. We use a combination of automated tools and human review to help detect, assess, and take action on suspected violations. Automated tools can help identify potentially prohibited activity, including spam, scams, off-platform solicitation, impersonation, and other violations. Automated tools are not infallible and may produce false positives or false negatives.

Content moderation may also involve human review to help ensure decisions align with our policies and legal obligations. Users may report Content or conduct they believe violates our policies through our Complaints Policy. We review reports and may investigate and take action, which may include removing Content, restricting features, suspending accounts, terminating accounts, or other measures described below.

We are not responsible for, and do not guarantee, the detection or removal of all prohibited Content or conduct. You acknowledge that some Content or conduct may not be identified immediately.

We may take one or more of the following actions in connection with our monitoring of ThirstChat:

• Content Review and Removal. We may remove, restrict, or refuse to Upload Content. If we restrict access to or remove any of your Content, we may Notify you by email or electronic message to your account. We are not required to provide prior Notice before restricting or removing Content.
• Live Interactions. We may interrupt, suspend, or terminate any live Creator Interaction (including a phone call or 1-on-1 video chat) and restrict access to live features if we reasonably believe it violates these terms of service, our Acceptable Use Policy, or applicable law.
• Suspension or Deletion of Accounts and Content. We may suspend or delete your account or Content, with or without Notice, if: We believe you have materially or repeatedly breached these terms of service (including our Acceptable Use Policy); You attempt, or threaten, to breach these terms of service (including our Acceptable Use Policy) in a way that could have serious consequences for us or another User; We reasonably suspect that Creator Earnings claimed by you, or amounts otherwise payable to you, are connected to unlawful or fraudulent activity by you or a Fan; We reasonably believe your actions might cause harm to ThirstChat, Users, or our reputation.
• Pausing and Withholding Payments. During any investigation or review, we may do any of the following: pause, delay, or withhold payment of Creator Earnings; suspend, reverse, adjust, refund, or cancel amounts related to Creator Interactions, including where necessary to address fraud, chargebacks, disputes, or policy violations; and restrict access to ThirstChat Credits or Creator Interactions associated with suspected violations.
• Post-Investigation Actions. After investigating suspected noncompliance or unlawfulness involving Content or an account, we may take any action we consider appropriate, including reinstating access, permanently removing or disabling access to Content, restricting features, or terminating your account. To the extent permitted by law and our agreements, we may treat Creator Earnings attributable to violations or fraudulent activity as forfeited, may refund or cancel amounts related to Creator Interactions, and may offset Creator Earnings against amounts we incur due to chargebacks, disputes, refunds, penalties, fees, or losses resulting from breaches of these terms of service (including our Acceptable Use Policy). We will Notify you of material enforcement actions and, where required by law, provide a statement of reasons.
• Right to Dispute. You may dispute a Creator Earnings forfeiture decision, and you may appeal account termination or Content restriction decisions, by following our Appeals Policy. If you do not dispute our decision within six months after we Notify you of it, you waive your right to dispute that decision, except where prohibited by applicable law.
• Post-Termination Content Access. After termination of your account, we may deal with your Content in accordance with our Privacy Policy, including deletion. After closure, you may not be able to retrieve your Content through ThirstChat. We provide a reasonable opportunity to export your Uploaded Content before closure where technically feasible. We may retain data as permitted or required by law.
• No Refunds for Termination. If your account is terminated for violating these terms of service (including our Acceptable Use Policy), Credit Purchases will not be refunded except where required by applicable law.

Additional information about our content moderation processes, notices, complaints, and appeals is provided in our Content Moderation Policy, Complaints Policy, and Appeals Policy.

Without limiting the above, we may cooperate with law enforcement authorities and comply with court orders requesting disclosure of information relating to Users or Content. We will report suspected CSAM to the National Center for Missing and Exploited Children's CyberTipline and other appropriate authorities as required by law and our policies.

We are not responsible for actions taken in good faith to enforce these terms of service or comply with law.

17. EU Transparency and Illegal Content Reporting

Where the EU Digital Services Act (DSA) applies, we publish transparency reporting consistent with the DSA, including information about our content moderation activities. This may include:

• the volume and types of Content removed or restricted for violations of our policies or applicable law;
• the number and outcomes of User complaints and appeals; and
• information about automated tools used in moderation and the extent of human review.

We make these reports publicly available on ThirstChat.

Users may report suspected illegal Content through the mechanisms described in our Complaints Policy. We review and process reports in accordance with applicable law, our Content Moderation Policy, and our other policies, and we may restrict or remove Content or accounts where appropriate.

Where required by Article 21 of the DSA, we will engage in good faith with certified out-of-court dispute settlement bodies in connection with eligible disputes relating to content moderation decisions. Details are provided in our Appeals Policy.

18. Copyright Infringement

If you believe that any Content infringes your copyright, please see our DMCA Policy for instructions on submitting a notice of claimed infringement. We may remove or restrict access to Content in response to notices submitted under our DMCA Policy and may terminate the accounts of Users who are repeat infringers, in appropriate circumstances.

19. Creator Interactions

As part of a Creator Interaction, the Creator hereby grants the Fan a nontransferable, nonsublicensable, nonexclusive, revocable license to access and view the Content, and to participate in the communications, to which that Creator Interaction relates, solely through ThirstChat for the Fan's lawful, personal use.

This license does not grant the Fan any ownership rights in any Content and terminates automatically without Notice under any of the following circumstances:

• the ThirstChat Credits used for the Creator Interaction were not validly obtained, are reversed, or are subject to a refund, chargeback, dispute, or reversal of the related Credit Purchase;
• the Creator deletes the applicable Content or deletes their Creator account;
• the Fan's account is suspended or terminated;
• the Fan breaches these terms of service;
• the applicable Content is removed from the Creator's account, or the Creator's account is suspended or terminated; or
• the Fan closes their account.

A Creator Interaction may be ended by the Creator or the Fan at any time, and ThirstChat may interrupt, suspend, or terminate any live Creator Interaction where we reasonably believe it violates these terms of service, our Acceptable Use Policy, or applicable law.

We may remove Content from a Creator's account at any time. The Fan acknowledges that Creators may remove Content at any time and that access to Content made available through a Creator Interaction may be revoked.

20. ThirstChat Credits

ThirstChat offers ThirstChat Credits that Fans may obtain from ThirstChat in packages and redeem for Creator Interactions. When you obtain ThirstChat Credits, you enter into a contract with us for the purchase or receipt of ThirstChat Credits under these terms of service. ThirstChat does not offer subscriptions and ThirstChat Credits do not auto-refill.

ThirstChat Credits may be purchased or provided as free or promotional credits. ThirstChat Credits are not legal tender, are not transferable outside of ThirstChat, and have no cash value except as expressly described in these terms of service.

Creator Interactions are provided through ThirstChat and involve interactions with a Creator's account and Content. To the extent a Creator Interaction involves the Creator's performance, communications, pricing set by the Creator, or the Creator's conduct, that portion of the Creator Interaction is between the Fan and the applicable Creator. We may moderate Content and conduct and facilitate Creator Interactions by providing ThirstChat, but we are not responsible for, and do not control, any Creator's performance, conduct, or communications.

Creators are responsible for setting ThirstChat Credit pricing, rates, or other terms applicable to Creator Interactions offered through their account, subject to our platform rules and any minimums, maximums, or other limits we may apply.

ThirstChat Credits are offered in packages and may only be obtained through ThirstChat's billing interface using an approved payment method. ThirstChat Credits do not expire while your account remains active and in good standing. ThirstChat Credits may be forfeited and your ThirstChat Credit balance may be reduced to zero if your account is cancelled, closed, suspended, or terminated, except where prohibited by applicable law.

ThirstChat Credit purchase prices are displayed and charged in USD unless ThirstChat specifies otherwise. Payment providers may charge currency conversion fees or other fees.

Credit Purchases are exclusive of VAT and other Taxes that we are required to collect, which will be added at the applicable rate. Credit Purchases are also exclusive of any transaction fees imposed by ThirstChat for the use of a particular payment method, which will be added at checkout.

If you make a payment using a credit card or other payment method, you authorize us to provide the necessary payment information to our third-party payment processors and service providers to process your Credit Purchase.

21. Refunds and Billing Disputes

Except where required by applicable law, Credit Purchases are final and non-refundable. We may issue refunds, credits, or adjustments where required by applicable law, to comply with card-network rules, or where we determine it is necessary to prevent fraud, abuse, chargebacks, or other misuse of ThirstChat.

Creators are responsible for the accuracy, quality, and availability of their Content and communications. Creator Interactions may be ended by the Fan or the Creator at any time. ThirstChat Credits redeemed for Creator Interactions are not refundable except where required by applicable law. Creators acknowledge that if we issue a refund, credit, or adjustment relating to a Creator Interaction or the related Credit Purchase, we may deduct the related amount from the Creator's Creator Earnings (or from amounts otherwise payable to the Creator), to the extent permitted by law and our agreements.

If you believe a charge was made in error, you must contact us before filing a chargeback with your payment provider. We will review your request and respond within a reasonable time. Filing a chargeback before contacting us may result in the suspension or termination of your account.

If a Fan files a chargeback relating to a Credit Purchase, we may suspend that Fan's account pending resolution. If we incur chargeback fees, penalties, or other costs related to a Creator Interaction, we may deduct those amounts from the applicable Creator's Creator Earnings or from amounts otherwise payable to the Creator, to the extent permitted by law and our agreements.

Fans and Creators must not attempt to circumvent our refund, billing, or dispute processes. Misuse of chargeback or refund mechanisms constitutes a breach of these terms of service.

22. Creator Payouts

Fans use ThirstChat Credits to pay for Creator Interactions offered through a Creator's account. For purposes of calculating Creator Earnings only, ThirstChat Credits redeemed by Fans on ThirstChat are valued on a one-credit-to-one-USD basis. One ThirstChat Credit equals USD $1 in value when redeemed on ThirstChat.

Creators may request Creator Earnings payouts through ThirstChat. When we process a payout, the Creator will receive the Creator's share of the USD value of ThirstChat Credits redeemed for Creator Interactions, after deducting all fees and applying all relevant Tax laws, and we will retain the Company's share as the platform fee. The applicable split may vary by Creator Interaction type and will be disclosed through ThirstChat (including in your Creator dashboard).

Creator Earnings will be available for payout once they are reflected in your ThirstChat account and you meet any minimum payout threshold disclosed through ThirstChat. We may apply a review period before releasing payouts to account for chargebacks, payment reversals, disputes, refunds, or suspected fraudulent activity.

If a Credit Purchase is refunded, reversed, or charged back, or if ThirstChat Credits are adjusted or reversed for any reason, we may reduce, reverse, or recover the corresponding amounts (and any related chargeback fees, penalties, or costs imposed on us) from your Creator Earnings (including from future Creator Earnings), if necessary, to the extent permitted by law and our agreements.

Payouts are made through payout providers approved by ThirstChat. Creator Earnings are calculated and paid in USD unless we specify otherwise. Your bank or payout provider may charge currency conversion fees or other charges. You are responsible for maintaining accurate payout information and for updating your payout method in accordance with any requirements disclosed through ThirstChat.

We may require identity, address, and beneficiary verification (including KYC/KYB/AML checks) before enabling payouts, releasing payouts, or allowing continued access to payout features, and may repeat verification from time to time. We may withhold, freeze, delay, or suspend payouts where verification is pending, where required by applicable law or payment partners, or where we reasonably suspect fraud, sanctions exposure, unlawful activity, or misuse of ThirstChat.

23. Tax Compliance

Creators are solely responsible for their own Tax affairs. Neither Fancy Tech LLC nor any affiliated entity or service provider provides Tax advice or ensures your compliance. By using ThirstChat as a Creator, you state that you have reported, and will continue to report, all Creator Earnings you receive in connection with your use of ThirstChat to the appropriate Tax authorities in accordance with applicable law.

Creators based in the UK or EU must comply with all applicable UK VAT or EU VAT requirements that apply to them. Where ThirstChat is required to collect and remit VAT (including UK VAT or EU VAT) on Credit Purchases, ThirstChat will do so.

You are solely responsible for submitting any required filings and for paying any Tax owed in connection with your Creator Earnings. If you become non-compliant with Tax obligations, or if you are named in any inquiry, investigation, or proceeding related to Tax compliance in connection with your use of ThirstChat, we may suspend your account, restrict earnings, withhold amounts, or limit access to payouts to the extent permitted by law.

If you are a U.S. Creator, we may be required to collect a completed IRS Form W-9 and issue you an IRS Form 1099 (or other applicable information return) for Creator Earnings paid to you. If you are not a U.S. Creator, we may be required to collect Tax documentation (including IRS Form W-8 series or local equivalents) and may withhold Tax as required by law. If you do not provide required Tax forms or information, we may withhold payouts and, where required by law, apply backup withholding or other withholding.

Trader Information (EU/UK Business Users)

If you use ThirstChat in a commercial capacity and offer Content to consumers in the EEA, UK, or Switzerland, you must provide accurate trader details (including your legal name, trading name, geographic address, email address, company or trade register number, and VAT number where applicable) and keep them up to date. We may verify this information and, where required by law, display it to consumers. If you fail to provide or maintain the required trader information, we may suspend or restrict your account and withhold payouts until corrected.

24. Changes to ThirstChat

We may update, modify, suspend, or discontinue any part of the ThirstChat from time to time. We do not guarantee that any Content or other information available on ThirstChat is complete, accurate, or current. Any material on ThirstChat may be out of date at any given time, and we have no obligation to update it.

25. Information About You and Your Visits to ThirstChat

All information we collect on ThirstChat is subject to our Privacy Policy. By using ThirstChat, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

When you communicate with another User through ThirstChat (including through messages, calls, or 1-on-1 video chat), you may share personal data directly with that User. Each User is responsible for their own compliance with applicable data protection laws with respect to any personal data they collect, use, or disclose from those direct interactions. ThirstChat does not control how a User uses personal data obtained from another User through those direct interactions, except to the extent described in the Privacy Policy and these terms of service.

26. Linking to ThirstChat and Social Sharing

You may link to publicly accessible pages of ThirstChat, including Creator profile pages, in a manner that is fair and lawful and does not imply any association, approval, or endorsement by us without our prior written consent.

ThirstChat may provide social sharing features that enable you to share links to certain Content or features. You may use these features only as made available by us.

You must not frame, embed, mirror, or otherwise display ThirstChat or any Content within another website, application, or service without our prior written consent. Linking and sharing must comply with these terms of service and our Acceptable Use Policy.

We may withdraw linking permission or disable sharing features at any time.

27. Links from ThirstChat

If ThirstChat contains links to other websites or resources provided by third parties, those links are provided for convenience only. We do not control those websites or resources and are not responsible for their content, availability, or for any loss or damage that may arise from your use of them. If you access any third-party websites linked to ThirstChat, you do so at your own risk and subject to the terms and policies of those third parties.

28. International Access

ThirstChat is operated by Fancy Tech LLC from the United States. ThirstChat may not be available in all jurisdictions, and we do not state that access to ThirstChat or any Content is lawful in every jurisdiction. If you access ThirstChat from outside the United States, you do so on your own initiative and are responsible for complying with all applicable local laws and regulations.

29. Warranty Disclaimers

To the extent permitted by law, your use of ThirstChat, including any Content and any services or items obtained through ThirstChat (including Creator Interactions), is at your own risk. ThirstChat and all Content and services made available through ThirstChat are provided “as is” and “as available,” without warranties, whether express or implied.

To the extent permitted by law, we and those acting on our behalf are not making any warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not making any warranty that ThirstChat, any Content, or any services made available through ThirstChat (including Creator Interactions) will be uninterrupted, available, secure, or error-free, that defects will be corrected, or that ThirstChat or its servers are free of viruses or other harmful components. You are responsible for implementing safeguards for your devices and for maintaining backups of any data you store outside ThirstChat.

We are not making any warranty that any Content or any Creator Interaction will be available at any particular time or for any particular duration, or that any Creator will respond within any particular timeframe. We may suspend, terminate, restrict, or disable access to any Creator account, Content, or features as described in these terms of service and our policies.

These disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.

30. Limitation of Liability

To the extent permitted by law, we, our affiliates, and our licensors, service providers, employees, agents, officers, and managers are not liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising out of or related to your use of, or inability to use, ThirstChat, any Content, any Creator Interactions, or any services made available through ThirstChat, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. This includes damages for loss of revenue, loss of profits, loss of business or anticipated savings, loss of goodwill, and loss of data.

To the extent permitted by law, we are not liable for the actions or omissions of any third party, including other Users or external service providers, or for any transactions or disputes between Users that occur outside ThirstChat, even if related to your use of ThirstChat.

To the extent permitted by law, the total collective liability of us and our affiliates, and our licensors, service providers, employees, agents, officers, and managers, for any claim arising out of or related to ThirstChat will not exceed the greater of $250 and (1) for Fans, the total amounts paid by you for Credit Purchases, and (2) for Creators, the total fees and other amounts retained by us from Creator Interactions involving you, in each case in the three-month period before the event giving rise to the claim, less any refunds, chargebacks, or reversals.

These limitations of liability do not apply to liability resulting from our gross negligence or willful misconduct.

These limitations do not affect any liability that cannot be excluded or limited under applicable law.

31. Local Mandatory Laws and Non-Excludable Rights

No Waiver of Statutory Rights

Nothing in these terms of service, including the disclaimers and limitations of liability, excludes or limits rights or remedies that cannot be excluded or limited under applicable law.

EU Consumer Rights

If you are a Consumer residing in the EU, mandatory consumer-protection laws may grant you additional rights and remedies relating to ThirstChat as a digital service and any digital content you obtain through ThirstChat. Nothing in these terms of service will exclude or limit liability for (1) death or personal injury caused by our negligence, (2) our willful misconduct or gross negligence, or (3) any other matter that cannot be excluded or limited under applicable law.

EU/EEA/UK Business Users (P2B Regulation)

If you are a Business User established in the EEA or the UK, these disclaimers and limitations do not limit our obligations or your rights under the EU Platform-to-Business Regulation to the extent it applies. Your rights and our obligations regarding internal complaint-handling and mediation are described in the Platform to Business Regulation Terms.

EU DSA Obligations

These disclaimers and limitations of liability do not affect our obligations under the EU Digital Services Act, including any notice-and-action procedures and User redress mechanisms for content moderation decisions.

32. Indemnification

To the extent permitted by law, you shall indemnify us, our affiliates, licensors, and service providers, and our and their respective officers, managers, employees, contractors, and agents, from and against any third-party claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

1. your breach of these terms of service or our policies (including the Acceptable Use Policy);
2. your Content, your conduct, or your use of ThirstChat, including any Creator Interactions;
3. any allegation that your Content, conduct, or use of ThirstChat infringes or misappropriates any intellectual property right, privacy right, publicity right, or other right of any person;
4. your violation of any applicable law or regulation, including any Tax obligations that apply to you;
5. any attempt to solicit, accept, or facilitate payments for Creator Interactions outside ThirstChat, or to direct Users off-platform to complete Creator Interactions;
6. any claims, demands, fees, fines, penalties, chargebacks, reversals, returns, assessments, or other liabilities imposed by a payment processor, acquiring bank, card network, financial institution, or other third party arising out of or relating to your Content, conduct, or use of ThirstChat, including disputes regarding Credit Purchases, ThirstChat Credits, or Creator Earnings.

We will have the right to control the defense and settlement of any claim subject to indemnification by you, and you shall reasonably cooperate with us in the defense. You shall not settle any such claim in a manner that imposes any obligation, admission, or liability on us without our prior written consent.

This indemnification obligation does not apply to the extent a claim is caused by our gross negligence or willful misconduct.

33. Resolving Disputes

Governing Law

Nevada law governs all claims, disputes, or proceedings arising out of these terms of service or your access or use of ThirstChat.

If you are a Consumer residing in the EEA, Switzerland, or the UK, this choice of law does not affect any mandatory consumer protections available to you under the laws of your country of residence. You may bring a claim in the courts of your habitual residence to the extent permitted by applicable consumer-protection law.

Equitable Remedies

Each party acknowledges that a breach of these terms of service may cause irreparable harm for which monetary damages may be an inadequate remedy. If a breach occurs or is threatened, either party may seek injunctive relief or other equitable remedies from any court of competent jurisdiction, in addition to any other rights and remedies available under applicable law.

Arbitration and Class Action Waiver

Except to the extent prohibited by applicable law, and except for Consumers residing in the EEA, Switzerland, or the UK, you and we agree to the following mandatory arbitration and class action waiver provisions:

• Mandatory Arbitration. You and we shall resolve any claims arising out of or relating to these terms of service or your access or use of ThirstChat (a “Dispute”) through final and binding arbitration.
• Informal dispute resolution. We would like to understand and try to address your concerns before formal legal action. Before either of us files a claim against the other, we both shall try to resolve the Dispute informally. You may do so by sending us written notice to legal@thirstchat.com. We will do so by sending you a Notice to the email address associated with your account. If we cannot resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
• Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as applicable (available at https://www.namadr.com/resources/rules-fees-forms/). We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration.
• Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in any U.S. jurisdiction. The arbitrator will have exclusive authority to resolve any Dispute, including any dispute about the interpretation, applicability, or enforceability of this Arbitration Agreement. The state or federal courts located in Nevada will have authority to decide (1) the enforceability of the Class and Jury Trial Waivers, and (2) any request for public injunctive relief to the extent such relief is not permitted to be decided by the arbitrator under applicable law. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
• Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (1) individual claims brought in small claims court; and (2) injunctive or other equitable relief to stop unauthorized use or abuse of ThirstChat or intellectual property infringement or misappropriation. Requests for public injunctive relief are addressed in the Class and Jury Trial Waivers section below.
• Class and Jury Trial Waivers. You and we agree that Disputes must be brought on an individual basis only and must not be brought as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and representative actions are prohibited. Only individual relief is available. This does not prevent either party from participating in a class-wide settlement. Notwithstanding the foregoing, to the extent you are entitled under applicable law to seek public injunctive relief, any request for public injunctive relief will be decided by a court of competent jurisdiction (and, where permitted by applicable law, by the state or federal courts located in Nevada) and will be stayed until the arbitration of all arbitrable claims is completed. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
• Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and we agree that NAM will administer them in batches of up to 50 claimants each (each, a “Batch”), to the extent permitted by NAM's Supplemental Rules for Mass Arbitration Filings. If there are fewer than 50 claimants in total, the demands will comprise a single Batch. Any remaining demands that do not fit within a full Batch will be administered as a final Batch. NAM will administer each Batch in a coordinated proceeding for efficiency, with one arbitrator and one hearing held by videoconference or in a location decided by the arbitrator. The arbitrator will issue an individual award for each claimant. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed as to that claimant or Batch and the remainder of this Arbitration Agreement will remain in effect.
• Severability. If any provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed and the remainder will remain in effect. If a court determines that a request for public injunctive relief must be heard in court under applicable law, the parties agree that the public injunctive relief request will proceed in court and all other claims will proceed in arbitration. If a finding of illegality or unenforceability would allow class arbitration, class action, collective action, private attorney general action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

Jurisdiction

Except to the extent prohibited by applicable law, and except as otherwise provided in the Arbitration and Class Action Waiver section (including any provisions addressing public injunctive relief), any action or proceeding that is not subject to arbitration and any action to compel arbitration, enforce the Arbitration Agreement, or confirm, modify, or vacate an arbitration award must be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to personal jurisdiction in those courts.

For Consumers in the EEA, Switzerland, or UK

If you are a Consumer residing in the EEA, Switzerland, or the UK, the following applies to you:

• Concerns. If we have a Dispute, we want to understand and try to address your concerns before any formal legal action. To share your concerns, you may contact us at legal@thirstchat.com.
• Court. If we cannot resolve our Dispute, you may bring a claim in the courts of your habitual residence to the extent provided by applicable consumer-protection law. We may bring a claim against you in the courts permitted by applicable law.
• EEA Consumer alternative dispute resolution. If you reside in the EEA, you may have the right under local law to use an alternative dispute resolution (“ADR”) body to resolve consumer disputes. We are not required to participate in ADR proceedings and may choose whether to do so at our discretion.

For Business Users in the EEA or UK

If you are a Business User established in the EEA or the UK and the EU Platform-to-Business Regulation applies, nothing in these terms of service limits your rights under that Regulation, including any right to bring a claim before the courts of your place of establishment as required by applicable law. Your rights and our obligations regarding internal complaint-handling and mediation are described in the Platform to Business Regulation Terms.

Time Limit to File Claims

Except for proceedings arising from a claim for Indemnification, neither party may initiate an action or proceeding to resolve any Dispute arising out of or relating to these terms of service or your access to or use of ThirstChat more than one year after the date the Dispute arose. If you are located in a jurisdiction where mandatory laws provide a longer limitation period, those mandatory laws will apply.

34. Waiver and Severability

No waiver of any provision of these terms of service is effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under these terms of service operates as a waiver of that right or remedy. Any waiver is limited to the specific instance for which it is granted.

If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions of these terms of service remain in full effect.

35. Entire Agreement

These terms of service constitute the entire understanding between the parties regarding these terms of service or your access or use of ThirstChat. To the extent permitted by law, you acknowledge that you are not relying on any statement or representation by us that is not expressly set out in these terms of service. Nothing in these terms of service excludes or limits liability for fraud or fraudulent misrepresentation to the extent that liability cannot be excluded or limited under applicable law.

36. Feedback

We encourage you to provide feedback about ThirstChat. Any feedback you provide is not confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, publish, distribute, and otherwise exploit that feedback for any purpose, without payment or attribution to you.

37. Accessibility and Language Access

If you require a translated version of these terms of service or an accessible format due to a disability or other accessibility need, please contact us at support@thirstchat.com. We will provide those versions where required by applicable law. If there is any inconsistency between a translated version of these terms of service and the English version, the English version will prevail.

38. Your Comments and Concerns

ThirstChat is operated by Fancy Tech LLC, 732 S. 6th St., Ste. R, Las Vegas, NV, 89101, USA.

All notices of claimed copyright infringement must be sent to the copyright agent designated in our DMCA Policy in the manner set out in that policy.

If you have a complaint about Content on ThirstChat or a content moderation decision, please refer to our Complaints Policy and our Appeals Policy.

Feedback, comments, requests for technical support, and other communications relating to ThirstChat should be directed to support@thirstchat.com.

39. California Users and Residents

California residents may send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

40. DSA Single Point of Contact

In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), we have designated dsa@thirstchat.com as our single point of contact for communications with:

• recipients of our services;
• European Union Member State authorities;
• the European Commission; and
• the European Board for Digital Services.

Please conduct all communication in English. This email address is exclusively for DSA-related matters.

EU Legal Representative

If and to the extent required by the DSA, we designate Fancy Tech LLC, 732 South 6th St Suite V, Las Vegas, NV 89101, support@thirstchat.com as our legal representative in the European Union for purposes of Article 13 of the DSA.