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Terms of Service
Last updated 1.10.2025
1. Definitions
The terms used in these General Terms and Conditions (T&Cs) are defined as follows:
1.1. Account: The Uploader's individualized and dedicated digital environment within the Application.
1.2. Appendices: Refers to Appendices, in particular the Fangate’s Community Guideline
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 ("KYW Licensing") and/or KYW Europe Operation Limited, UNIT 3D Northpoint House, North Point Business Park, Old Mallow Road, Cork, Ireland ("KYW Europe")
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 as well as the Appendices 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. By accepting these Terms and Conditions, the User enters into a contract with Fangate. The KYW Licensing operates the Website and the account of the user. Every sale and the payment process are handled by the KYW Europe.
In case of any contradiction, the documents will prevail in the following order: (1) these General Terms and Conditions and (2) the Appendices (and in particular the Fangate Community Guidelines.
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 to make sure that the Users Log-In 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, and b) that the upload is publicly distributed, and c) that the upload is being uploaded to the Service, and d) that the content can be downloaded by other users.
The content creator has to obtain and keep on record a written consent from the third person being depicted in the video.
Furthermore, the Uploader has to verify the identity and age of all persons depicted in the upload to ensure that all persons depicted are of legal age and to be able to provide supporting documents upon request.
The third party depicted in the upload has the right to appeal to remove content if no appropriate consent was obtained or if the consent is void under applicable law. For this, the third person can contact Fangate and/or the Service under info@fangate.app. Fangate/the Service will handle such appeals within seven (7) business days. If the third person can demonstrate that the consent is void under applicable law or that the consent was not appropriately obtained, Fangate/the Service will immediately remove the upload. To determine this, Fangate/the Service will request the consent from the Uploader. In any case, if no consent is provided within seven (7) business days, the content will also be immediately removed. If the Service is of the opinion that the consent is valid and appropriately obtained and does not remove the content and the third party still wants the content to be removed, the disagrement will be resolved by a neutral body - the neutral body currently: DLA Piper UK LLP.
If not stated otherwise in this section, the removal policy governs further details of the removal process.
5. Age verification
Fangate/the Service informs the User that some jurisdictions require an age verification before Downloaders can download content The User is responsible for complying with this requirement if the applicable law states such requirement. For this purpose the Service is offering 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. Upon request, the Uploader has to provide the Service with the appropriate licenses and/or consents.
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):
• child sexual‑abuse material (CSAM)
• 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 and paraphernalia
• any other material the Service deems illegal, harmful, infringing or otherwise unacceptable.
6.4. Enforcement measures
The Service employs automated hash‑matching, AI analysis and manual moderation to detect and block prohibited content before any product link can be activated. 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.
7. 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 of significant changes. Changes take effect 15 days after notification, during which Users can terminate their agreement without consequence.
8. Refund Eligibility
8.1. 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.
8.2. 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.
8.3. 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.
8.4. 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.
8.5. 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.
8.6. 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).
9. 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.
10.1. 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. If a User is the subject of two or more valid copyright takedown notices (or any pattern of infringement the Service deems excessive), the Service may, at its sole discretion, (i) suspend or terminate the User’s account and/or upload privileges, and (ii) place a hold on any pending payouts for up to six (6) months or until the infringement claims are fully resolved, whichever is later.
10.2. 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 (e.g., government‑issued ID plus liveness selfie) through providers such as Veriff OÜ; only accounts that pass this verification gain upload privileges. The Service reserves the right of re‑verification whenever an Uploader requests a change of payout data or our has unusual activity.
11. 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.
12. Payment Flows
Payment services are provided by third-party processors under their terms. Fangate is not liable for payment issues due to incorrect user information. Users shall be aware that bank transfers and payment processes may take variable processing times, which are out of the Service responsibility.
The Service reserves the rights to hold back funds in individual cases for up to 31 days. This can be the case in particular if there is a higher than normal risk of chargebacks or if the payment provider withholds transactions from the Uploader. Furthermore, the Service may hold funds back if there is suspicion of fraudulent transactions, money laundering, terrorist financing, or other violations of the T&Cs, or other internal guidelines or legal obligations require Fangate / the Service to hold funds to comply with the applicable law.
13. Fees
13.1 Service Fees
The Fees are specified on the Fangate Pricing Page, the Download Page and/or Application unless otherwise agreed upon between the User and Fangate. Fangate may revise its Fees at any time. If a fee is waived, this applies only to the individual case and the User has no claim to the fee being waived in the future. If Fangate / the Service increases a Fee or introduces a new Fee for a service Users are currently using, Fangate / the Service will notify the Uploader at least 10 days in advance (or a longer period if required by law) before the revised or new Fee takes effect.
13.2 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.
13.3 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.
14. 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.
15. 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.
16. 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.
17. Data Protection
Fangate / the Service complies with Irish data protection laws as the controller of User data and acts as a processor where applicable. More information can be found in our Privacy Policy.
18. 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.
18. 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.
19. 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.
