Terms of Service

Last updated 2026-09-26

1. Definitions

  • 1.1 Account: The Uploader's individualized and dedicated digital environment within the Application.
  • 1.2 Appendices: Refers to Appendices, in particular the Fangate Community Guidelines and the AI Content Guidelines.
  • 1.3 Application: The mobile application "Fangate," available on the App Store, Google Play and as a web application.
  • 1.4 Downloader: Any natural person who downloads a File.
  • 1.5 Download Page: The webpage accessible via a dedicated URL, from which a File can be accessed and downloaded for a fee.
  • 1.6 File: A photo or video file in MIME type image/* or video/* that is processed by the Service.
  • 1.7 General Terms and Conditions or Agreement: This document, including its Appendices.
  • 1.8 Intellectual Property Rights: Any rights, registered or unregistered, including patents, trademarks, copyright, related rights, database rights, and any other rights linked to domain names, trade secrets, or any equivalent protection worldwide.
  • 1.9 Personal Data Regulation: US data protection laws including the Federal Act on Data Protection (FADP) as well as cantonal data protection laws applicable.
  • 1.10 Solution or Service: Refers to the Application and the Download Pages combined.
  • 1.11 Fangate: KYW Licensing Holding Limited, UNIT 3D Northpoint House, North Point Business Park, Old Mallow Road, Cork, Ireland and/or KYW Europe Operation Limited.
  • 1.12 Uploader or Seller or Creator: Any natural person who uploads a File. For an AI Model Account (Section 7A.7) the Uploader and Seller is the Agency that operates it.
  • 1.13 User: Individually refers to an Uploader or a Downloader and collectively to both.
  • 1.14 Agency: A company registered with Fangate under the Fangate Agency Agreement. An Agency cannot sell Files under its own name.
  • 1.15 Connected Creator: An Uploader who accepted the invitation of an Agency in their own Account and whose relationship with that Agency is active.
  • 1.16 AI Model Account: An Account opened by an Agency for a fully AI-generated persona. It has no login, no identity verification and no payout of its own.

2. Purpose and Scope

Fangate provides a technological service enabling Uploaders to upload Files and make them accessible to third parties via a URL hyperlink for a fee. This document governs the use of the Solution and provides the legal framework between the User and Fangate, which the User accepts upon registration with the Service.

3. User Obligations and Guarantees

The User is responsible for complying with all applicable law and copyright requirements. The User commits to using Fangate according to these Terms & Conditions, the community guidelines and in accordance with all applicable laws.

The User is responsible for maintaining the security of their accounts and ensuring that login credentials remain confidential. It is not permitted to pass on login details to a third party or allow a third party to use the account.

It is prohibited to use Fangate as an offline payment tool for any product or service other than the uploaded content the buyer is downloading.

Users indemnify Fangate against any third-party claims related to their use of Fangate and the uploads.

4. Third Party Consent Requirement

If a third person is depicted in the upload from the Uploader, the third person must consent to: a) being depicted in the upload, b) the upload being publicly distributed, c) the upload being uploaded to the Service, and d) the content being downloaded by other users.

The content creator must obtain and keep on record a written consent from the third person depicted. The Uploader must also verify the identity and age of all persons depicted to ensure all persons are of legal age.

Third parties depicted in content who believe they were included without proper consent may appeal to have content removed by contacting info@fangate.app. Fangate will handle such requests within five (5) business days; the full procedure is set out in our Complaints & Content Removals policy.

5. Age Verification

Fangate informs the User that some jurisdictions require age verification before Downloaders can download content. The User is responsible for complying with this requirement if applicable law states such a requirement. For this purpose the Service offers an age verification feature which can be activated for every upload.

6. Prohibited Content

6.1 Unauthorized Content / Ownership of Rights

The User may only upload or sell content they fully own or for which they have secured all necessary licenses and consents. Distributing content owned by a third party without authorisation is forbidden.

6.2 Minors

The User must not upload, distribute or sell any media depicting, featuring or purporting to depict persons under eighteen (18) years of age.

6.3 Prohibited Categories

The Service blocks, and the User must not attempt to upload, content that falls within any of the following categories (non-exhaustive list):

  • Any activity that is illegal or otherwise violates MasterCard Standards
  • Non-consensual acts, exploited activity, voyeurism or hidden-camera content
  • Bestiality, non-human creatures, incest or necrophilia
  • Extreme or graphic violence
  • Content promoting weapons, terrorism, hate speech, illegal drugs or alcohol in sexual scenes
  • Any other material the Service deems illegal, harmful, infringing or otherwise unacceptable

6.4 Pre-Screening and Enforcement Measures

Every upload is held back from publication, sale and delivery until it has been reviewed. The Service employs automated hash-matching, AI analysis and manual moderation to detect and block prohibited content before any product link can be activated: images and video frames are screened automatically, and large files or anything the automated screening cannot assess are reviewed manually. Content that fails review is never published. The Service reserves the right, at its sole discretion and without prior notice, to remove or disable access to offending content, suspend or terminate the User's account, and/or report the matter to the appropriate authorities.

6.5 Content Guidelines

The AI Content Guidelines form part of these Terms. They further specify prohibited content, prohibited terminology and review criteria for all uploads.

6.6 Human Trafficking

Fangate does not condone human trafficking, sex trafficking or any form of coercion in any way. All instances of suspected human trafficking will be reported to the proper authorities. Any account involved will be terminated immediately.

7. AI-Generated Content

7.1 Definition: "AI-Generated Content" means any File or part of a File created wholly or partly by artificial-intelligence models, including images, videos, audio or text generated from text, image or voice prompts.

7.2 Declaration: Uploaders must truthfully declare at the time of upload whether a File contains AI-Generated Content, using the classification offered in the Application and in accordance with the AI Content Guidelines. This declaration is a condition for offering the File for sale.

7.3 Labelling: Responsibility for marking and classifying AI-Generated Content lies with the Uploader (Section 7.2). Uploaders accept that Fangate may label Files classified as AI-Generated Content as such on the Download Page and may restrict their sale to the sales channels Fangate provides for AI-Generated Content.

7.4 Likeness and Deepfakes: AI-Generated Content that shows, imitates or is designed to resemble the image, voice or other identifiable likeness of a real person may only be uploaded with the documented consent of that person; Section 4 applies accordingly. Deepfake content without such consent is strictly prohibited.

7.5 Intellectual Property: Uploaders warrant that AI-Generated Content, including any material used to prompt, train or condition the generating model, does not infringe third-party Intellectual Property Rights.

7.6 Provenance Information: Uploaders must not remove, alter or conceal provenance information embedded in AI-Generated Content, such as watermarks, content credentials or comparable metadata.

7.7 Prohibited Content: Section 6 applies to AI-Generated Content without limitation, including content that is animated, stylised, fictional or text-based. The AI Content Guidelines (Section 6.5) apply in full.

7.8 Misdeclaration: Fangate may reclassify, remove or block Files, withhold payouts relating to affected sales, and suspend or terminate Accounts in the event of a false or missing declaration. AI-Generated Content that has not been declared and is detected by Fangate's moderation is removed from sale.

7A. Agencies and AI Model Accounts

7A.1 Agencies: A company may register as an Agency under the Fangate Agency Agreement, which is available in the Application. An Agency cannot sell Files under its own name. It may operate the Accounts of Connected Creators (Sections 7A.2 to 7A.6) and AI Model Accounts (Section 7A.7).

7A.2 Connecting an Account: An Uploader becomes a Connected Creator only by actively accepting an invitation in their own Account. The invitation names the Agency and the share of the Uploader's net earnings that the Agency receives on every sale from that moment on. The Uploader may end the relationship at any time, with immediate effect, in the settings of the Account. Sales made while connected keep their split, and refunds or chargebacks of those sales are shared in the same proportion.

7A.3 What the Agency may do: While connected, the Agency may operate the Account: upload, edit and delete Files, create and price Download Pages and products, manage collections and the public profile, view sales, analytics and the wallet balance, create API keys for the Account, and start the Uploader's identity verification. It may do so in the Application and, with an API key of its own, through the API, and it may receive notifications about the Account's sales, which contain the Downloader's e-mail address.

7A.4 What the Agency may never do: The Agency cannot view or change payout details or bank data, request or receive a payout, change the e-mail address or password, delete the Account, manage sessions or linked accounts, or accept, decline or end agency relationships on the Uploader's behalf. Every action the Agency takes in the Account is logged and visible to the Uploader.

7A.5 The Uploader's switches: The Uploader may at any time withdraw, in the settings of the Account, (a) the Agency's permission to upload new Files and (b) the Agency's access by its own API key together with the sale notifications. Both are allowed by default. Withdrawing either does not end the relationship and does not change the revenue share.

7A.6 Responsibility and data processing: The Uploader remains the Seller of the Files in their Account and remains responsible under these terms for everything offered there, including Files the Agency uploads. By accepting an invitation the Uploader instructs the Agency to process the personal data in the Account, including data of Downloaders, on the Uploader's behalf. The Agency is bound to the data processing addendum of the Fangate Agency Agreement and owes its obligations to the Uploader directly.

7A.7 AI Model Accounts: An Agency whose company and representative have been verified may open AI Model Accounts. Only fully AI-Generated Content that depicts no real person may be offered there; Sections 6 and 7 apply in full. The Agency is the Uploader and Seller of everything offered in an AI Model Account and is responsible for it under these terms.

8. Acceptance and Modification

Users must agree to these terms to access and use the Solution. Fangate may modify these terms for legal or technological reasons, notifying Users in writing via email or in-app notification. Changes take effect 15 days after notification.

9. Refund Eligibility

9.1 Incorrect Content: If a buyer receives content that is significantly different from the description provided by the seller, the buyer is eligible for a refund after first contacting the uploader and failing to reach agreement.

9.2 Non-Delivery of Content: If digital content is not delivered within a reasonable timeframe (typically within 24 hours), the buyer may request a refund.

9.3 Technical Issues: If technical issues prevent the buyer from accessing or downloading purchased content and cannot be resolved by support, the buyer may be eligible for a refund.

9.4 Duplicate Transactions: If a buyer is charged multiple times for the same content due to a processing error, the duplicated transactions may be refunded.

9.5 Non-refundable Circumstances:

  • Content dissatisfaction due to subjective taste or preferences
  • A buyer changes their mind about a purchase
  • The buyer purchased the content by mistake but downloaded it
  • The content meets the description but does not meet the buyer's performance or compatibility expectations

9.6 Process for Requesting a Refund: To request a refund, the buyer must contact Fangate customer support within 14 days of purchase at info@fangate.app, including the transaction details, reason for the refund, and any supporting evidence.

10. Fangate's Obligations

Fangate commits to making the Solution available continuously, except in cases of force majeure or maintenance. Fangate holds all necessary rights for the Solution and protects Users against claims of intellectual property infringement related to the Solution.

11. License and Eligibility

11.1 License to Access Purchased Content: By purchasing content on Fangate, the buyer is granted a non-exclusive, non-transferable, and revocable license to view or access the purchased content for personal, non-commercial use only. This license does not confer ownership rights or any rights to reproduce, distribute, publicly display, sublicense, re-sell, or otherwise exploit the content for commercial purposes.

11.2 Eligibility & KYC: Before uploading content, the Uploader must successfully complete our Know-Your-Customer (KYC) verification—performed via accredited third-party services—and declare that they are at least 18 years of age. The Service uses secure, real-time age and identity checks through providers such as Veriff OÜ.

12. Liability

Fangate acts solely as a technical service provider and is not liable for issues beyond its control or for User-generated content unless it has knowledge of illegal content. Users are responsible for damages caused by their use of the Solution.

Fangate is not liable for any inability to download or view purchased content due to technical issues on the buyer's end, user error, or use of outdated/unsupported browsers. Buyers are encouraged to promptly download and back up purchased content upon successful payment.

13. Payment Flows

Payment services are provided by third-party processors under their respective terms. Fangate is not liable for payment issues resulting from incorrect or incomplete information provided by users.

The minimum amount available for payout is 30 in the currency of the user's account.

The Service reserves the right to hold back funds in individual cases for up to 180 days, particularly in cases of higher-than-normal chargeback risk, suspected fraudulent transactions, money laundering, or other violations of these T&Cs.

In the event of a refund, chargeback, or payment reversal, the Service may charge the seller any associated costs, fees, or penalties incurred, including an administrative fee of up to 50 in the currency of the user's account where permitted by applicable law.

14. Fees

14.1 Service Fees: The Fees are specified on the Fangate Pricing Page, the Download Page and/or Application unless otherwise agreed. Fangate may revise its Fees at any time, with at least 10 days advance notice for increases or new fees affecting current users.

14.2 Collection of Fees: Users are responsible for ensuring that all Fees, Taxes, and other amounts owed are paid when due. Fangate may deduct, recoup, or offset Fees from the Uploader's account balance.

14.3 Taxes: The Fees exclude all Taxes, unless otherwise stated. Uploaders are solely responsible for determining which Taxes apply to their sales and for assessing, collecting, reporting, and remitting applicable Taxes.

15. Intellectual Property

Fangate owns all rights to the Application and the Download Pages. Users are granted a limited license to use the Solution in accordance with these terms.

16. AVS (Age Verification System)

The AVS functionality provided by Fangate is offered as a courtesy to assist Uploaders in managing content that may require age restrictions. The Uploader is solely responsible for ensuring that all uploads comply with applicable regulations and local laws, including youth protection laws. Fangate makes no representations or warranties that the AVS function fulfills all applicable laws or regulations.

17. Duration, Suspension and Termination

These terms are effective upon User acceptance and continue until terminated. Fangate may suspend or terminate access for breaches of these terms.

18. Data Protection

Fangate complies with Irish data protection laws as the controller of User data and acts as a processor where applicable. Where an Agency operates an Account, it processes the personal data in that Account on the Uploader's behalf (Section 7A.6). More information can be found in our Privacy Policy.

19. Governing Law and Jurisdiction

These terms are governed by the laws of Germany and any disputes will be subject to the jurisdiction of the courts in Hamburg, Germany.

20. Contact Information

For queries, Users can contact Fangate at info@fangate.app.

Appendices

Detailed terms specific to the use of the Application and Download Pages are provided in subsequent appendices to ensure Users understand their rights and obligations in specific contexts. For more information, please visit fangate.app.