Terms of Service

Last updated 03.03.2025

1. Definitions

The terms used in these General Terms and Conditions are defined as follows:

1.1.       Account: The Uploader's individualized and dedicated digital environment within the Application.

1.2.       Appendices: Refers to Appendices.

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 theSolution.

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: AA Consulting LLC, a company incorporated under the laws of US, with its registered office at 1209 Mountain Road, Albuquerque, New Mexico 87110.

1.12.  Uploader or Seller or Creator: Any natural person who uploads a File.

1.13.  User: Individually refers to an Uploader or a Downloader and collectively to both.

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 for Users. Specific terms related to the Application and Download Pages are detailed in the Appendices.

These General Terms and Conditions govern the relationship between Fangate and the User. In case of any contradiction, the documents will prevail in the following order: (1) the Appendices and (2) these General Terms and Conditions.

3. Prohibited Content

Pornographic Content: The User is prohibited from uploading and selling any pornographic content through the Solution.

Ownership of Content: The User must own or have appropriate rights to all content they upload and sell through the Solution. Selling content that the User does not own is strictly prohibited.

Age Restriction: Selling media that illustrate children under the age of 18 is not allowed.

4. 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 of significant changes. Changes take effect 15 days after notification, during which Users can terminate their agreement without consequence.

5. Refund Eligibility

5.1. Incorrect Content: If a buyer receives content that is significantly different from the description provided by the seller on Fangate, the buyer is eligible for a refund.

5.2. Non-Delivery of Content: If the digital content is not delivered to the buyer's account within a reasonable timeframe following the completion of the purchase (typically within 24 hours), the buyer may request a refund.

5.3. Technical Issues: If there are technical issues that prevent the buyer from accessing or downloading the purchased content, and these issues cannot be resolved promptly by our support team, the buyer may be eligible for a refund. In this case, the Uploader shall have no claims for damages against Fangate.

5.4. Duplicate Transactions: If a buyer is charged multiple times for the same content due to a processing error, the duplicated transactions may be refunded. A buyer may request a refund in such case.

5.5. 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.

5.6. Process for Requesting a Refund:

Initiate a Request: To request a refund, the buyer must contact Fangate customer support within 14 days of purchase. The request should be sent to our designated support email (info@fangate.app) and must include the transaction details, the reason for the refund, and any evidence supporting the claim (e.g., screenshots, detailed descriptions of the issue).

6. Fangate's Obligations and Guarantees and Modification

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.

7. User’s Obligations and Guarantees

Users commit to using the solution lawfully, maintaining the security of their accounts, and respecting the intellectual property rights of others. Users must indemnify Fangate against any third-party claims related to their use of theFiles.

7.1. 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. The content remains the intellectual property of the content creator (seller), and all rights not expressly granted herein are reserved by the creator.

8. 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. It is solely the buyer’s responsibility to download or otherwise store the purchased content after payment is completed and access is granted. Fangate does not guarantee indefinite access to any purchase link or file. Fangate is not liable for any inability to download or view purchased content due to:

- Technical issues on the buyer’s end (e.g., browser incompatibility, in-app browser limitations, device configuration).

- User error (e.g., failing to download before link expiration or deletion).

- Use of outdated, unsupported, or uncommon browsers or operating systems.

Fangate is not liable in the event content becomes unavailable after purchase due to:

- The seller deleting the content or removing it from sale.

- The seller’s account being terminated or voluntarily deleted.

- Any actions taken by Fangate in accordance with its Terms of Service, content policies, or enforcement procedures.

Buyers are encouraged to promptly download and back up purchased content upon successful payment and access.

9. Payment Flows

Payment services are provided by third-party processors like Stripe under their terms. Fangate is not liable for payment issues due to incorrect user information. Users shall be aware that baking processors may take variable processing times, which are out of the application's responsibility.

10. Fees

10.1 Service Fees
The Fees are specified on the Fangate Pricing Page, the Download Page and/or Application unless otherwise agreed upon in writing between the User and Fangate. Subject to legal requirements, Fangate may revise its Fees at any time. From time to time, Fangate may offer a Service or specific feature without charge or waive a Fee for a particular Service or feature. If Fangate increases a Fee or introduces a new Fee for a Service Users are currently using, Fangate will notify the Uploader at least 30 days in advance (or a longer period if required by law) before the revised or new Fee takes effect.

10.2 Collection of Fees and Other Amounts
Users are responsible for ensuring that all Fees, Taxes, and other amounts owed under this Agreement are paid when due. Fangate may deduct, recoup, or offset Fees and other amounts owed under this Agreement—or under any other agreements the Uploader have with Fangate or its Affiliates—from the Uploader's Fangate account balance or invoice the Uploader for those amounts.

If Uploaders fail to pay invoiced amounts by the due date, if an Uploader's Fangate account balance is negative or insufficient to cover amounts owed under this Agreement or any other agreement with Fangate or its Affiliates, or if Fangate is unable to collect amounts from an Uploader's account balance, Fangate may, to the extent permitted by law, deduct, recoup, or offset those amounts from:
(a) any Reserve, if applicable;
(b) funds payable by Fangate or its Affiliate to an Uploader;
(c) an Uploader's linked bank account; or
(d) the balance of any other Fangate account reasonably associated with an Uploader or an Uploader's Affiliate.

If the currency of the deducted amount differs from the currency of the amount owed, Fangate may convert the owed amount using its conversion rate and may deduct any associated conversion fees. Fangate is autorised to round off any Payout sums to the nearest whole number. In case of payment default, interest will be charged at a rate of 9 percentage points above the base rate of the European Central Bank. Should an Uploader fall into arrears with Fees, we reserve the right to charge reasonable reminder Fees. The assertion of additional claims for damages remains unaffected. Uploaders have the opportunity to prove that Fangate has incurred no damage or only a lesser amount of damage.

10.3 Taxes

The Fees exclude all Taxes, unless otherwise expressly stated. Uploaders are solely responsible for:
(a) determining which Taxes or fees, if any, apply to the Uploader's sale of any products and/or services, or payments Uploaders make or receive through the Uploader's use of Fangate or the Service; and
(b) assessing, collecting, reporting, and remitting applicable Taxes for a User's business.

An Uploader must provide accurate and complete information regarding the Uploader's tax status as reasonably requested by Fangate and promptly notify Fangate of any inaccuracies or updates. Fangate may send tax-related documents to an Uploader and relevant tax authorities for transactions conducted through the Service. Specifically, Fangate may be required by law to file periodic informational returns related to an Uploader's use of the Service and may send you such information electronically.

11. 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.

12. AVS (Age Verification System)

The AVS (Age Verification System) 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, but not limited to, youth protection laws.

The Uploader agrees to use the AVS functionality responsibly and acknowledges that enabling this feature does not guarantee full compliance with all legal requirements. Fangate makes no representations or warranties that the AVS function fulfills all applicable laws or regulations. The Uploader is required to independently verify and ensure the legality of their content in accordance with all relevant laws.

13. 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.

14. Data Protection

Fangate complies with Swiss data protection laws as the controller of User data and acts as a processor where applicable. More information on our Privacy Policy.

15. Miscellaneous

Provisions of these terms shall remain in effect even if parts are found invalid. Fangate may assign these terms in the event of corporate restructuring without User consent.

16. Governing Law and Jurisdiction

These terms are governed by the laws of US, and any disputes will be subject to the jurisdiction of the courts in Albuquerque, New Mexico.

17. 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.

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