Standard Agreement Between Buyer and Seller

This standard agreement between the Buyer and the Seller sets out the terms that govern each transaction between a Buyer and a Seller on FetishFinder.

1. Definitions

In this agreement, the following definitions apply:

• "Buyer" means a User who has registered for an account and who can access a Seller's Content via a Seller Interaction.

• "Buyer Payment" means any payment related to a Seller Interaction.

• "Company" means PACTM LLC

• "Content" means any material Uploaded to FetishFinder by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.

• "FetishFinder" means the website accessed via https://www.fetishfinder.com or via any web browser, which is owned and operated by the Company.

• "FetishFinder Fee" means the applicable fee charged to Sellers in accordance with the Terms of Service.

• "Indirect Sales Taxes" means any Tax that is statutorily applied to Buyer Payments in any relevant jurisdiction.

• "Paid Relevant Content" means any Content for which the Buyer must make a Buyer Payment.

• "Relevant Content" means the applicable Content of a Seller to which a Seller Interaction relates.

• "Seller" means a User who has set up their FetishFinder account to post Content for Buyers to view.

• "Seller Earnings" means the portion of a Buyer Payment payable to a Seller under the Terms of Service.

• "Seller Interaction" means an interaction on FetishFinder that grants access to a Seller's Content, including (1) a Subscription, (2) a payment for pay-per-view Content, and (3) any other interaction or payment between a User and a Seller's account or Content, including direct messages.

• "Seller Interaction License" means the nontransferable, nonsublicensable, and nonexclusive license each Seller grants to Relevant Content.

• "Subscription" means a Buyer's binding agreement to obtain access for a specific period to all Content that a Seller makes available to Buyers in exchange for authorizing automatic renewal payments. It does not include individually priced Content, such as pay-per-view messages or tips.

• "Tax" means all forms of taxes, duties, levies, contributions, withholdings, or other governmental charges or liabilities, in any jurisdiction, whether imposed by statute or other legal authority.

• "Upload" means publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.

• "User" means any user of FetishFinder, whether a Seller or a Buyer or both (also referred to as"you" or "your").

2. Scope

This agreement is legally binding and applies each time a Seller Interaction is initiated on FetishFinder. It prevails to the exclusion of any other terms proposed by the Buyer or the Seller.

3. Accessibility

A translated or accessible version of this agreement is available on request by contacting [email protected].

4. Parties

The only parties to this agreement are the Buyer and the Seller participating in the Seller Interaction. The Company is not a party to this agreement or to any Seller Interaction, except as expressly provided below.

5. Pricing and Payment

The Buyer entering into a Seller Interaction shall pay the applicable Buyer Payment, along with any Indirect Sales Tax that the Company is required or authorized to collect. The Company is also authorized to deduct the FetishFinder Fee, distribute the Seller Earnings, and make any applicable referral payments.

6. Subscriptions and Renewals

When you select "Subscribe," you agree to begin a Subscription. Each Subscription will automatically renew at the then-current rate (plus any applicable Indirect Sales Tax). You hereby authorize the Company to charge your payment method at the start of each renewal period unless (1) your payment is declined and you have not provided another payment, (2) the Subscription price has increased, (3) you have disabled the "Auto-Renew" feature for that Seller, or (4) you close your FetishFinder account before the renewal date. By selecting "Subscribe," you confirm your agreement to these terms and acknowledge that you will not receive additional notice before each renewal, unless required by law.

7. Content License

As part of a Seller Interaction, the Seller grants the Buyer a Seller Interaction License to access and view the Relevant Content made available in connection with that interaction.

8. Content Ownership

The Seller Interaction License does not grant the Buyer any ownership rights in the Relevant Content.

9. License Expiration

The Seller Interaction License expires automatically and without notice

• if the related Buyer Payment is unsuccessful, charged back, or reversed;

• if the Seller deletes the Relevant Content or their Seller account;

• when the applicable Subscription period ends;

• if the Buyer's account is suspended or terminated;

• if the Buyer breaches the FetishFinder Terms of Service.;

• if the Relevant Content is removed from the Seller's account or the Seller's account is suspended or terminated; or

• if the Buyer closes their account.

10. Removal of Content

The Company reserves the right to remove any Content from a Seller's account at any time, with or without notice. The Buyer acknowledges that Sellers may also remove Content, including pay-per-view Content, at any time, and that access to that Content is not guaranteed for any specific duration.

Without limiting the foregoing, the Company may remove any Content where it reasonably believes that removal is necessary to comply with applicable laws, regulations, or legal obligations, including without limitation the EU Digital Services Act and the UK Online Safety Act, or where the Content violates FetishFinder's Terms of Service, Acceptable Use Policy, or other applicable platform rules. The Company may also remove Content in response to valid legal requests, court orders, or notices from competent authorities, or where removal is necessary for the protection of minors, prevention of illegal activity, or safeguarding the integrity of FetishFinder.

11. Cancellation and Refunds

Cancellation Waiver Acknowledgment
By proceeding with a Seller Interaction, you agree to receive access to digital content immediately and understand this waives your right to cancel under applicable consumer laws, except where prohibited.

For each Seller Interaction:

• The Buyer will receive access to the Relevant Content within 14 days. By proceeding, the Buyer expressly agrees that any statutory right to cancel under the UK Consumer Rights Act 2015, the UK Consumer Contracts Regulations 2013, EU Directive 2011/83, or similar consumer laws does not apply—except for Subscriptions where cancellation rights cannot be waived.

• This agreement does not affect any non-waivable statutory refund rights a Buyer may have under applicable consumer protection law.

• All cancellations and refunds are also subject to the FetishFinder Terms of Service.

12. Obligations Between Seller and Buyer in Seller Interactions

• The Buyer and the Seller shall comply at all times with the FetishFinder Terms of Service.

• The Seller is solely responsible for creating and publishing the Relevant Content.

• The Seller states that they hold all rights necessary to grant the Seller Interaction License.

• The Seller shall provide access to the Paid Relevant Content once the Buyer has made the required Buyer Payment.

• The Buyer acknowledges that third parties may assist the Seller in operating their account and managing Seller Interactions.

• The Buyer shall make the Buyer Payment required to access the Paid Relevant Content.

• The Buyer shall not initiate a chargeback unless disputing the Seller Interaction in good faith.

• The Buyer assumes all risk in accessing the Relevant Content, unless the Seller acts negligently or otherwise breaches their obligations.

13. No Guarantees

The Buyer acknowledges that access to Relevant Content may be unavailable due to various circumstances, including if all or part of the FetishFinder platform is suspended, disrupted, or inaccessible.

14. Data Handling and Privacy

The Buyer acknowledges that communications and interactions with the Seller may involve the exchange of personal data. Each party acts as an independent controller regarding any personal data it processes under this agreement and is independently responsible for compliance with applicable data protection laws, including the GDPR and the CCPA. Personal data exchanged under this agreement may be used only for the purposes of performing and administering the Seller Interaction, meeting legal obligations, and exercising legal rights. It must not be used for marketing, profiling, or any other unrelated purposes without the other party's prior written consent.

Each party shall delete or irreversibly anonymize the other party's personal data when it is no longer necessary for these permitted purposes, or earlier upon request by the other party, unless retention is required by applicable law.

For more information on how the Company processes personal data, please see our Privacy Policy.

15. Governing Law and Jurisdiction

Nevada law governs all adversarial proceedings arising out of this agreement or a Seller Interaction. The Buyer may also rely on mandatory rules of the law of the jurisdiction where the Buyer lives.

In the event of a dispute, Buyers and Sellers are encouraged to resolve the matter in good faith. Where unresolved, either party may request mediation or support from the Company's moderation team under our Complaints Policy.

Where claims can be brought:

• If the Buyer resides in the United Kingdom or the European Union, the Buyer may bring a claim under this agreement in the courts of their country of residence or in the federal or state courts located in the State of Nevada, United States.

• All other Buyers must bring claims under this agreement in the federal or state courts located in the State of Nevada, United States.

16. Severability

If any provision of this agreement is held to be invalid, unenforceable, or prohibited by law, that provision will be deemed severed from this agreement, and the remainder will remain valid, enforceable, and in full effect.