Appeals Policy

1. Introduction

This appeals policy is part of your legal agreement between you and FetishFinder. By using FetishFinder, you agree to the terms of this policy—please read it carefully.

This policy explains the process by which users can appeal decisions made by FetishFinder, including actions related to content moderation, account suspension, or other measures that may impact their use of our services.

This policy should be read alongside our Terms of Service, Acceptable Use Policy, NCC Policy, CSAM Policy, DMCA Policy, and Complaints Policy, all of which govern your use of FetishFinder.

2. Contact Information

FetishFinder is operated by PACTM LLC, located at 318 North Carson Street #208, Carson City, Nevada 89701, USA.

You can contact us by writing to the address above or emailing us at [email protected].

3. Definitions

Unless otherwise defined in this policy, terms used here have the same meanings as those in the Terms of Service. As used in this policy, the following definition applies:

"Decision" means an action taken by FetishFinder to:

• suspend or deactivate an account;

• suspend or deactivate Content shared to or from an account;

• issue a final warning for a violation on an account;

• restrict account features (for example, the ability to livestream);

• any decision to withhold, reverse, or forfeit Seller Earnings; or

• suspend, terminate, or restrict the ability to monetize Content, including by preventing subscriptions or limiting your ability to accept certain types of payments.

4. Use of this Policy

This policy can be used in two ways:

• by FetishFinder users who want us to review or reverse a Decision; or

• by non-FetishFinder users in the EU, EEA, or UK who have complained about suspected illegal or non-consensual Content on FetishFinder and who disagree with FetishFinder's appeal response.

5. Appeal Procedure

(a) To appeal a Decision, you must email us at [email protected].

(b) Your appeal must include:

• the URL or username of the account;

• the URL of the Content subject to the appeal;

• detailed reasons why you believe your Content or account complies with the FetishFinder Terms of Service and Acceptable Use Policy; and

• for non-FetishFinder users in the EU, EEA, or UK who disagree with our Decision to permit Content to remain on FetishFinder, why you believe the Content is illegal or non-consensual.

6. Timing

All appeals must be filed within six months of the date of the Decision.

7. Review Process

(a) When we receive an appeal, we will take the following steps:

• we will review the relevant FetishFinder account information;

• we will consider the information and the supporting documents you have provided;

• we may request additional information or documents from you or from third parties to assist in deciding the appeal; and

• based on the available information, we will either grant, grant in part, or deny your appeal and notify you of our decision, including a clear explanation of the outcome and the reasons behind it:

  • If we grant your appeal, we will reverse each relevant Decision and any actions taken as a result.

  • If we grant your appeal in part, we will notify you of each Decision that has been reversed, any actions taken as a result, and the reasons for the partial outcome.

  • If we deny your appeal, we will provide reasons for our decision and no changes will be made to the original Decision.

(b) Automated systems may assist with detecting potential violations. However, all appeals undergo a human-led review before any enforcement decision is upheld or reversed. Users may object to decisions based on automated processing, in line with GDPR Article 22 and the EU AI Act.

8. No Liability for Appeal Outcome

FetishFinder will not be liable for any interruption of access to your FetishFinder account, including any loss of earnings or buyers, regardless of whether your appeal is granted in whole or in part.

9. Appeals Team

Our appeals team will review each properly filed appeal in a diligent, non-discriminatory, and non-arbitrary manner, based solely on the information provided.

10. Non-Appealable Decisions

This policy does not apply to any Irreversible Decision. "Irreversible Decisions" refer to those where it is not technically possible or legally feasible to reverse the action, such as ending a livestream in real time.

While these Decisions cannot be appealed, we will still provide a statement of reasons for each moderation or restriction Decision, as required under the EU Digital Services Act. We also publish regular transparency reports that include the number and outcomes of all content moderation and appeal Decisions.

11. Additional Procedures for EU/EEA/UK Users

• You may file a complaint with a regulatory authority or seek a remedy through a certified third-party out-of-court dispute settlement body or the relevant courts in your country of residence or establishment.

• In certain circumstances, out-of-court dispute settlements under the EU Digital Services Act may apply. Each EU member state must certify an out-of-court dispute settlement body to handle eligible disputes.

• You also have the option of pursuing judicial redress by bringing your claim before a court with jurisdiction.

• If you believe that Content is illegal or otherwise violates our Terms of Service, you may submit a report or complaint. We will review all reports and complaints to determine whether we agree that a violation of our Terms of Service has occurred.

• If we determine that no violation of our Terms of Service has occurred and elect not to take action regarding the relevant Content, you may be able to refer the matter to an out-of-court dispute settlement body. If you do, we will engage with the out-of-court dispute settlement body in good faith and as required by law.

• We are not bound by any decisions made by an out-of-court dispute settlement body and may refuse to engage with one if a dispute concerning the same Content and the same grounds of alleged incompatibility with our Terms of Service has already been resolved.

• We have also appointed an EU Representative who may be reached as follows:

  Name: BHD Governance EU Ltd
  Email: [email protected]
  Postal: BHD Governance EU Ltd (26001), Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork, T23 AT2P, Ireland.
  

12. Disability and Accessibility

We are committed to providing an accessible appeals process for users with disabilities and those who may require translation or assistive technology. Alternate methods of appeal submission may be requested via our support team at [email protected].