Last Updated: October, 2023.

TERMS OF SERVICE BEREALFAN

TERMS OF USE FOR ALL USERS

BY ACCESSING OUR WEBSITE, YOU CONSENT TO THESE TERMS – THOROUGHLY REVIEW THEM.

Introduction: These Terms of Use for all Users oversee your navigation and engagement with BeRealFan and define your agreement with us.

Interpretation: Within the Terms of Service:

  • We refer to our platform as "BeRealFan", which can be accessed via the web address www.berealfan.com.
  • The terms "we", "our", "us" pertain to RealFan Media Limited, the entity behind BeRealFan.
  • "Content" represents any data uploaded to BeRealFan by any User (whether a Creator or a Fan), such as photos, videos, audios, livestream footage, text-based messages, images, interactive elements, stickers, animations, and any form of digital media.
  • "Creator" denotes a User who has configured their BeRealFan profile to share Content on the platform for other Users to view.
  • "Fan" signifies a User who subscribes to a Creator and has the rights to access the Creator's Content.
  • "Fan/Creator Transaction" covers any monetary interactions between a Fan and a Creator on BeRealFan, allowing access to the Creator's Content in the forms of: (i) a Membership, (ii) payments made by a Fan for specific Creator Content on demand, and (iii) utilization of interactive features on a Creator's profile.
  • "Fan Payment" encompasses all payments made by a Fan to a Creator, either in relation to a Fan/Creator Transaction or as a gratuity for a Creator.
  • "Promoting User" stands for a User engaged in the BeRealFan Referral Program.
  • "Default Contract between Fan and Creator" outlines the conditions guiding each Fan/Creator Transaction.
  • "Membership" refers to a Fan's recurring access to a Creator's profile.
  • "Terms of Service" (or "your commitment to us") is the contractual bond between the user and us, comprising: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Creators, (iv) Acceptable Use Policy, (v) Referral Program Terms, (vi) Complaints Policy, (vii) Platform to Business Regulation Terms.

Who we are and how to contact us: BeRealFan is operated by RealFan Media Limited (REALFAN MEDIA LTD). We are a limited company registered in England and Wales, with company registration number 15047782 and we have our registered office address at 85 Great Portland Street, First Floor, London, England, W1W 7LT. Our VAT number is 1840820561.

To get in touch with any inquiries about BeRealFan, kindly email our assistance team at support@berealfan.com. If email is not an option, please write to us at the following address: 85 Great Portland Street, First Floor, London, England, W1W 7LT. How we may modify the Terms of Service: We reserve the right to amend any portion of the Terms of Service without prior notification in these situations:

  • Reflecting modifications in legislation and regulatory mandates relevant to BeRealFan and its offerings, especially if such changes necessitate us to update our terms without the possibility of reasonable prior notice.
  • To address immediate and unforeseen threats linked to safeguarding BeRealFan, Fans, or Creators against fraud, malicious software, unsolicited communication, data compromises, or other cybersecurity hazards.

Additionally, we can implement other changes to the Terms of Service, notifying you reasonably either via email or through BeRealFan. Should you disagree with the alterations, you may contact us to terminate your agreement prior to these changes being enacted. Persisting in the use of BeRealFan implies your acceptance of the revised terms.

Modifications to or the cessation of BeRealFan: BeRealFan may undergo occasional updates or changes for various reasons, such as adjustments in our services, user demands, our operational strategies, performance enhancements, additional features, or addressing security challenges. We'll endeavor to provide reasonable notice for significant modifications. However, we cannot ensure uninterrupted availability or access to BeRealFan or its content. Business or operational needs might lead us to suspend, limit, or halt BeRealFan. We'll aim to notify affected users reasonably in advance of any such actions.

Registering with BeRealFan: To access BeRealFan, registration and account creation are necessary. This requires a valid email ID, chosen username, and password, or authentication via a genuine Twitter or Google account. Your password should be distinctive (different from ones you use elsewhere) and adhere to BeRealFan's technical specifications for passwords. To sign up:

  • Confirm that you're a minimum of 18 years of age.
  • Ensure you're of the legal age to enter into contractual agreements in your residing country or state.
  • Adhere to your local laws, ensuring that you're permitted to register on BeRealFan, view its content, and utilize its features.
  • Submit any additional data or validation documents as requested by us.

If you don't meet these criteria, you're prohibited from using BeRealFan.

Your commitments to us: When you sign up with and utilize BeRealFan, you assure the following to us:

  • If you had a prior BeRealFan account, you certify that it wasn't terminated or suspended by us due to any violations of our terms or guidelines.
  • All submitted information to us is honest, accurate, and up- to-date.
  • Any change in your submitted data will be promptly updated.
  • You agree to receive communications from us electronically, and you consent to the processing of your personal data as detailed in our Privacy Policy.
  • Your account details, including usernames and passwords, will remain confidential, and you won’t disclose them to anyone. If any unauthorized access or security breach is suspected, immediately reach out to support@berealfan.com.
  • All activity under your account is your responsibility, even if someone else accesses it against these terms.
  • Full compliance with these User Terms, our Responsible Use Policy, and all other components of the Terms of Service is expected.

Rights we reserve, including suspending or terminating your account:

  • We can, but are not obligated to, moderate or review your Content to verify its compliance with our terms or any legal requirements.
  • If we suspect non-compliance or any unlawful content, we may suspend access to such content during our investigation. You can request a review by contacting support@berealfan.com. Following the probe, we will take suitable actions, and you must assist us in this process, providing necessary documents at your expense.
  • Notifications regarding content suspension or deletion will be sent to you electronically.
  • We can terminate your access to BeRealFan for any reason by providing a 30-day notice. Immediate termination without notice can also occur for serious or repeated breaches.
  • If your account is terminated, we will decide the fate of your content based on our Privacy Policy. Post-termination, accessing your content on BeRealFan won't be possible.
  • Misuse or unlawful use of BeRealFan can be investigated by us, and we can cooperate with law enforcement.
  • For legal processes, protection of our interests, or any law enforcement investigation, we reserve the right to disclose user-related information.
  • Changes to our third-party payment processing providers can occur, and we will notify you accordingly.
  • Content (owned by or licensed to Creators), all rights to BeRealFan, including its content, features, and databases, belong to us and/or our licensors. This is safeguarded by copyright, trademarks, trade secrets, and other intellectual property laws.
  • Anonymized data from your BeRealFan usage is exclusively ours and can be employed for various purposes, including commercial and research.

What we are not responsible for: We strive to provide BeRealFan with utmost diligence and skill, but there are particular aspects for which we cannot be held accountable:

  • BeRealFan does not officially endorse Content. Any views put forward by Creators or Fans don't necessarily mirror our stance.
  • All Content rights are granted by Creators, not us.
  • Identification risks from Content is your responsibility. Although we might occasionally provide geolocation technology, its accuracy isn't guaranteed.
  • Content is exclusively generated and chosen by Users. Our responsibility doesn't encompass moderating or altering Content. We aren't required to screen Content for Terms of Service breaches.
  • You aren't compelled to heed advice or directives from other BeRealFan Users.
  • There's no assurance regarding the income potential for Creators or those in the Referral Program.
  • Information we offer on BeRealFan is purely informative. We don't vouch for its precision or its ability to produce specific outcomes.
  • We cannot guarantee compatibility of BeRealFan with every device or system. You must ensure the right configurations on your end.
  • Internet availability, connectivity issues, or other technical hindrances aren't our responsibility.
  • We aim for a secure platform but cannot assure complete immunity from bugs or malware.
  • Lost, compromised accounts or unauthorized transactions are not our liability.
  • Once Content is on BeRealFan, we cannot control its distribution by Users or third parties.

Intellectual property rights – ownership and licenses:

  • Confirm your ownership of all intellectual property rights in your Content, or that you've secured the necessary permissions.
  • We are granted a license by you for any purpose connected to BeRealFan's functioning, which includes actions such as reproducing, distributing, translating, and adapting.
  • The provided license is perpetual, worldwide, and transferable. Even if you cease using BeRealFan, the license remains.
  • While all Content posted on BeRealFan belongs to us, you authorize us to report on your behalf on other platforms.
  • We can take steps to protect your content, but policing infringements isn't our obligation.
  • You renounce any moral rights to object to alterations of your Content. This doesn't undermine your intellectual property rights but allows us to append features like watermarks.

Twitter Connectivity: Users can link their active Twitter profiles to BeRealFan and share certain content. If this feature is utilized, adherence to Twitter's terms is mandatory.

Linking to and from BeRealFan:

Links to BeRealFan:

  • You may link to the BeRealFan homepage, ensuring it doesn't suggest our endorsement, and doesn't damage our reputation.
  • If you're a Creator, ensure your promotions align with our Terms of Service and any third-party website where you post a link. Misrepresentations, including using platforms like Google Ads for promotions, are prohibited.

Links from BeRealFan: Third-party links on BeRealFan are purely for convenience. We aren't responsible for third-party content or the consequences of accessing them.

Domain Names: Occasionally, BeRealFan might let Creators use domain names echoing our trademark. Adhering to specific guidelines, like redirecting to the Creator's profile, is mandatory.

Account Deletion: Navigate to the 'User Account' section to delete your BeRealFan account. Account deletion processes vary based on your user status (Fan or Creator).

Who is responsible for any loss or damage suffered by you? For all Users: We never sidestep accountability where it's illegal. This includes negligence causing injury/death and fraudulent actions.

Consumer Users:

  • Our team isn't accountable for losses like profit, revenue, business opportunities, or anticipated savings resulting from using BeRealFan.
  • For US-based consumer Users, liability claims are capped at USD 250 per claim.

Business Users:

  • Implied conditions or terms not expressly stated in the Terms of Service aren't our responsibility.
  • We aren't liable for foreseeable and unforeseeable damages resulting from your BeRealFan use, including:

    • Profit, sales, revenue, savings, or data loss.
    • Reputational harm.
    • Viral attacks or malicious technological intrusions.
    • Copyright infringements or identity exposures by third parties.
    • Events beyond our control affecting our service.
  • Our total liability, considering all circumstances, will not exceed the higher of:

    • The total fees you've paid during your BeRealFan usage.
    • USD 5,000.

Content Ownership Clause:

  • All content, including but not limited to images, videos, audio, text, and any other media, uploaded to BeRealFan becomes the exclusive property of RealFan Media Limited. By uploading any content to BeRealFan, you automatically transfer all rights, titles, and interests in and to that content to RealFan Media Limited. Once content is uploaded, you relinquish any claim to ownership, royalty, or any other compensation related to its use, distribution, or replication by RealFan Media Limited or its agents.

General: You agree that:

  • If any part of your agreement with us is unenforceable, the remaining parts will stay in effect.
  • Our failure to enforce any aspect of this agreement doesn't constitute a waiver.
  • All rights not explicitly granted to you are reserved by us.
  • There are no implied licenses or rights granted to you concerning BeRealFan unless specifically mentioned in these terms.
  • Third parties do not have rights under this agreement, although our subsidiaries, employees, owners, representatives, and agents can enforce the terms, especially relating to liability.
  • You can't transfer or assign your rights or obligations under this agreement without our explicit written consent.
  • We can assign or transfer our rights and obligations. For instance, in events like a change in ownership, merger, or by law.
  • These terms represent the entire agreement between us regarding BeRealFan, superseding any prior agreements.

Dispute-Related Terms – Governing Law and Jurisdiction: For Fans (consumers):

Consumers - Law:

  • If you're a consumer, this agreement is under English law. This applies to any claim you or we might have related to BeRealFan or this agreement.

Consumers - Jurisdiction:

  • For UK or EU-based consumers, claims can be brought either in the English and Welsh courts or in the courts of your resident country.
  • For consumers outside the UK or EU, all claims must be brought in the English and Welsh courts.

For Business Users (Creators and Referring Users):

Business Users – Law:

  • Business users are also governed by English law regarding any claims tied to this agreement or BeRealFan usage.

Business Users – Jurisdiction:

  • Business users exclusively bring any claims or disputes to the courts of England and Wales.

Time Limits for Claims: Unless prohibited, any claims concerning BeRealFan or this agreement must be filed within one year from when the claim arose or when you became aware of the facts leading to the claim, whichever comes first. Failing to do so means the claim will be forever barred.

TERMS OF USE FOR FANS

BY USING OUR WEBSITE AS A FAN ON BEREALFAN, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Fans are additional terms that apply when you use BeRealFan as a Fan (also referred to as "you" and "your" in these Terms). These Terms of Use for Fans form part of your agreement with BeRealFan.

Interpretation: In these Terms of Use for Fans, defined terms carry the same meanings given to them in the Terms of Use for all Users. Additionally:

  • VAT means any value added tax or equivalent sales tax in any jurisdiction.
  • Tax encompasses all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities globally.

Other Applicable Terms on BeRealFan: The subsequent terms also apply to your use of BeRealFan:

  • Our General Terms of Use;
  • Our Privacy Policy – outlining the use of your personal data and other gathered information;
  • Our Acceptable Use Policy – specifying acceptable and unacceptable user behaviors on BeRealFan;
  • Our Complaints Policy – detailing the procedure for lodging and processing complaints;
  • The Standard Contract between Fan and Creator – this doesn't constitute part of your agreement with us but dictates the terms of each Fan/Creator transaction on BeRealFan;
  • Our Community Guidelines – offering additional guidance and rules about your interactions with BeRealFan.

Other Potential Terms: Depending on your interactions with BeRealFan, other terms may be applicable:

  • If you also function as a Creator, the Terms of Use for Creators would be relevant;
  • For Creators based or residing in the European Union or the United Kingdom, the Platform to Business Regulation Terms might also be pertinent.

Your Commitments to Us: You declare and ensure that:

  • You are aged 18 years or above.
  • If, according to the laws of your residence, the age for entering into a legally binding contract is above 18, then you have reached that age.
  • You will provide any additional information or verification records as deemed necessary by us.
  • The laws of your residing country or State/province allow you to join BeRealFan, view its Content, and utilize the available functions.
  • You are capable of and willing to make required payments to access the Content on BeRealFan and utilize any functionalities.

Content Guidelines: When posting, displaying, uploading, or publishing content on BeRealFan, remember:

  1. You guarantee that:
    • The content adheres to all BeRealFan Terms of Service, including our Acceptable Use Policy.
    • You either possess the content (and all related intellectual property rights) or have a valid content license.
    • If third-party materials are present in your content, you have all necessary permissions for its use on BeRealFan.
  2. You agree to be accountable to us and compensate us for any breach of the above guarantees. This means covering any losses we might incur due to any inaccuracy in your guarantees.
  3. We neither endorse nor take responsibility for user-generated content. We do not monitor content and have no control over its nature or quality.
  4. Adult Material Acknowledgment: Some content on BeRealFan may be adult-oriented. Ensure you’re aware of this when accessing or viewing content. We won’t be responsible for any issues arising from accessing adult content in violation of any third-party agreements or laws.

Transactions Between Fan and Creator:

  1. Transactions between fans and creators are contracts managed by BeRealFan's Standard Contract between Fan and Creator. Though we provide the platform, we're not involved in these contracts or responsible for any related transactions.
  2. Creators set their own pricing within BeRealFan’s parameters. All prices are presented in USD.
  3. Any payments made are exclusive of VAT, which will be added as required.
  4. To transact with a Creator, first add a payment method to your account. Then, select the 'Subscribe' button on the desired Creator's profile.
  5. By initiating a transaction, you authorize us and related companies to share your payment details with third-party providers for processing.
  6. Any recurring payments are automated. If you wish to stop a subscription, use the "Auto-Renew" toggle on the Creator's profile. Ending a subscription will restrict access to the Creator's content after the subscription period.
  7. Avoid making unwarranted refund or chargeback requests. Any deceitful request can lead to account suspension or deletion.

Wallet Credits: Wallet Credits allow you to prepay for content on BeRealFan. You can't split purchases across multiple payment methods. Wallet Credits are non-refundable.

Account Suspension: In the event of a violation of our terms, we reserve the right to suspend your account. During any suspension, no additional payments or transactions will occur. Failure to abide by these terms may lead to the termination of your access to BeRealFan. We reserve the right to modify these terms periodically. Regularly reviewing them ensures you stay informed.

TERMS OF USE FOR CREATORS

BY USING BEREALFAN AS A CREATOR, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Creators provide additional guidelines for creators on BeRealFan. They are integral to the overall agreement between us and creators.

Interpretation: Defined terms in this section have the same meaning as in the General Terms of Use for all users. To clarify:

  • VAT refers to any applicable value-added tax or its equivalent in any region.
  • Tax includes all forms of global taxation and related charges.

Guidelines for Creators on BeRealFan:

  1. General Terms: The following terms apply to all creators:
    • BeRealFan's General Terms of Use.
    • Our Privacy Policy, explaining our data use practices.
    • The Acceptable Use Policy, defining allowable content and behavior.
    • Our Complaints Policy, detailing how we handle grievances.
    • The Standard Contract between Fan and Creator, detailing interactions between both parties.
    • Our Community Guidelines, offering more detailed interaction norms.
  2. Special Circumstances: Certain creators might be subject to these additional terms: \
    • EU or UK-based creators must adhere to the Platform to Business Regulation Terms.
    • If you're also a fan, Terms of Use for Fans apply to your activities as a fan.
    • Participants in the BeRealFan Referral Program must follow its terms.
  3. Our Fee: We charge creators a fee of 20% (exclusive of VAT) on all Fan Payments. This fee sustains BeRealFan and ensures storage for your content. The remaining 80% (exclusive of any VAT) is credited as "Creator Earnings".
  4. Setting Up as a Creator:
    • Provide a valid ID and all other additional photos or documents we can ask you meeting our standards.
    • Share bank or payment details.
    • Choose a payout method from the given options.
    • If applicable, provide your UK VAT number.
    • Additional information may be required based on your location.
    • We might request further age or identity verification.
    • We can reject any application to create a Creator account for various reasons.
    • Set a monthly subscription fee for fans within BeRealFan’s range.
    • Then, begin adding content and gain subscribers.
  5. Account Recovery: If you lose access, you can reset your password using your registered email. If you forget the email, you might need to provide additional identification and other proof to reclaim your account.
  6. Personal Responsibility: All creators are individually accountable. An agency or third-party involvement doesn't negate your personal responsibility. We deal directly with you, ensuring your content aligns with our Terms of Service.
  7. Fan/Creator Transactions:
    • Transactions are primarily contracts between fans and creators, facilitated by BeRealFan.
    • Fan Payments exclude VAT; the current rate will be applied.
    • Upon transaction confirmation, you must fulfill your obligations (e.g., content accessibility, delivery of custom content). Failing to do so will make you liable for damages.
  8. Content Specifics:
    • Your content isn't confidential. Fans can access it legally for personal use, consistent with any licenses granted.
    • For each content piece:
      • Ensure it aligns with our Acceptable Use Policy.
      • Confirm your ownership or valid licensing.
      • For third-party materials in your content, obtain necessary rights, licenses, and permissions.
    • Content must also be:
      • Of satisfactory quality and as described.
      • Suitable for its stated purpose.
      • Compliant with all mentioned warranties, and you'll be liable for any deviations.
  9. Advertising on BeRealFan:
    • If you're introducing Advertising Content, ensure it:
      • Respects human dignity.
      • Avoids discrimination or harmful behaviors.
      • Doesn't advertise harmful substances or illegal activities.
    • Use #ad to denote any promotional material transparently.

Co-authored Content Provisions:

  1. Warranties for Co-Authored Content: If you upload Co-Authored Content on BeRealFan:
    • Ensure each individual in the content is either a Creator on BeRealFan or an informed, consenting adult.
    • You have verified their age and identity, ready to provide documentation upon request.
    • Every individual in the content:
      • Expressly agreed to appear in the content.
      • Allowed the content’s BeRealFan publication.
    • Tag BeRealFan accounts of identifiable individuals in the Co-Authored Content.
    • You're solely responsible for obtaining permissions from any co-authors. This ensures the content's BeRealFan publication.
    • BeRealFan will direct Creator Earnings to the uploader’s account. The uploader must manage revenue distribution among all participants. Any agreements to share revenue remain between involved parties, without BeRealFan's intervention.
    • We may request legal documentation for individuals in Co-Authored Content. Non-compliance may lead to content removal, account restrictions, or withholding of due Creator Earnings.
    • Disputes from Co-Authored Content should be resolved between involved parties. BeRealFan holds no liability in such instances.

Payout Mechanics for Creators:

  1. Receiving Payments: Any third-party payment providers, approved by us, can and will manage Fan Payments.
    • Choosing any convenient payout method will process the Fan Payment and transfer Creator Earnings to your bank account.
    • We or our subsidiary companies will hold your Creator Earnings after deducting our Fee.
    • Your BeRealFan account will reflect your Creator Earnings, which can be withdrawn once they are visible.
    • To withdraw, maintain at least the minimum payout amount as per your country and payout method.
    • Creator Earnings are transacted in USD.
    • Chargebacks or refunds sought by Fans might lead to deductions from your account.
    • BeRealFan doesn't store data from third-party payout registration, barring direct bank transfers.

Retention Rights for Creator Earnings:

  1. Withholding Creator Earnings: BeRealFan may retain all or part of your Creator Earnings in cases of:
    • Serious or repeated Terms of Service violations.
    • Threats or attempts to breach pivotal parts of the Terms of Service causing potential harm.
    • Suspicion of illegal or fraudulent earnings.
    • Investigations related to the above situations. If the investigation confirms breaches or illegal activities, Creator Earnings may be forfeited.
  2. Liens on Creator Earnings: If notified of liens on Creator Earnings, BeRealFan might retain the said earnings until the lien is addressed.
  3. Responsibilities: BeRealFan is not accountable for any earnings retained or forfeited under these provisions. If earnings are forfeited, BeRealFan will strive to refund the relevant Fan Payments to respective Fans, unless legally prohibited.

BEALFAN'S TAX & VAT GUIDANCE FOR CREATORS

General Guidelines:

  1. Professional Tax Advice: We urge all Creators to seek expert advice regarding local Tax and VAT obligations tailored to individual scenarios.
  2. Tax Compliance Warranty: By operating as a Creator on BeRealFan:
    • Ensure all earnings related to BeRealFan are reported to the pertinent Tax authorities.
    • Vow to abide by all regulations and laws about Tax pertinent to you. Notify us of any Tax discrepancies, litigation, or probes linked to your account within 7 days.
    • Provide details on rectifications and compliance measures adopted.
    • Understand that you are accountable for your Tax affairs. BeRealFan provides no tax consultation and bears no liability for any Creator's tax issues or non-compliance.
    • Accounts may be closed due to detected Tax non-adherence.

UK VAT Guidelines for Creators:

  1. VAT Relationship: For UK VAT, Creators are perceived as offering services to BeRealFan, not directly to Fans.
  2. Registered UK VAT Creators:
    • You'll be seen, for VAT, as billing BeRealFan the Creator Earnings (80% of Fan Payments) plus the relevant UK VAT rate.
    • You can also add UK VAT to any referral payments.
    • Utilize BeRealFan's VAT invoice generator for monthly VAT invoices. Address them to Fenix International Limited, encapsulating the VAT on your earnings.
    • The added VAT (VAT Amount) is separately paid, post submitting:
      • Your VAT registration number.
      • A valid VAT invoice from BeRealFan's tool.
      • A VAT return to HM Revenue & Customs reflecting accurate taxable supplies values.
    • Ensure the VAT Amount received is paid directly to HM Revenue & Customs.
    • For further clarity or assistance on VAT Amount claims, reach out to support@berealfan.com.
    • Detailed guidance on VAT registration requirements and information for non-registered Creators is available on the HM Revenue & Customs UK site.
  3. Record Keeping:
    • Maintain all VAT invoices and returns related to BeRealFan earnings.
    • On request, supply copies of these records within a 14-day timeframe.
  4. Non-Registered UK VAT Creators:
    • Regularly monitor UK sales (including referrals) to ensure you don't exceed the UK VAT registration threshold.
    • BeRealFan doesn't monitor earnings outside its platform. Yet, it will observe UK Creators' annual platform earnings. If these surpass the VAT threshold and you aren't VAT registered, you will be notified to register.
    • Post-notification, register for VAT promptly and forward your VAT registration number to support@berealfan.comwithin 6 weeks. Non-compliance might lead to account closure.

Always be vigilant and proactive in managing your tax obligations to ensure a seamless experience on BeRealFan.

ACCEPTABLE USE POLICY

BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This Policy applies to your use of BeRealFan and all Content on BeRealFan and forms part of your agreement with us. This Policy sets out what is and is not permitted on BeRealFan.

In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.

  • Use BeRealFan solely for personal purposes. Selling, renting, transferring, or sharing your account or any Content obtained from BeRealFan with another is strictly prohibited.
  • Use BeRealFan lawfully and for legitimate purposes.
  • Avoid posting any Content on BeRealFan that is illegal, defamatory, promotes hate or violence, or encourages illegal activities.
  • Never use BeRealFan in a way that might exploit, harm, or endanger any individual below the age of 18.
  • Refrain from uploading, displaying, or publishing Content on BeRealFan that:
    • Depicts or mentions any individual under 18.
    • Depicts anyone without proper age verification and written consent.
    • Promotes or displays:
      • A Weapons or restricted items.
      • A Drugs or related items.
      • A Self-harm or suicide.
      • A Incest or bestiality.
      • A Violence, non-consensual acts, or explicit material without consent.
      • A Criminal acts.
      • A Personal data without explicit written permission.
      • A Content recorded in places where it's illegal or likely to be seen by the uninvolved public.
      • A Misleading content or impersonations.
      • A Exploitative practices.
      • A Third-party commercial activities without express consent.
  • Adhere to our Community Guidelines.
  • Refrain from cyberbullying, deception, and any form of harassment.
  • Respect the intellectual property rights of creators. Do not misuse or distribute their Content without proper authorization.
  • Uphold your responsibilities and respect the rights of others, including intellectual property and privacy rights.
  • Ensure accurate account registration information. Unauthorized use of another's information or Content is prohibited.
  • Avoid spam, misleading interactions, or low-quality content.
  • Never introduce malicious software or harmful technological content.
  • Refrain from accessing BeRealFan's source code or technical components.
  • Do not use BeRealFan in a manner that might compromise our system's integrity or the experience of other users.
  • Automated tools, such as web crawlers or bots, are not allowed on BeRealFan.
  • Use the name and logo of BeRealFan only in ways permitted by our Terms of Service or with prior written consent.

Violation of this Policy can result in account suspension or termination and possible forfeiture of earnings as detailed in our Terms of Service.

REFERRAL PROGRAM TERMS

Introduction:

These Referral Program Terms apply when you use the BeRealFan Referral Program. They're part of the agreement you have with us.

Interpretation:

In these Referral Program Terms, defined terms share the meanings given in the Terms of Use for all Users. Further:

  • "Referring User" is also "you" or "your".
  • "Referred Creator" refers to the individual who joins BeRealFan as a Creator using the Referring User's unique referral link.

BeRealFan Referral Program Overview:

BeRealFan offers a referral program. Existing Users can introduce potential Creators to BeRealFan and earn referral payments, as outlined here. This program is operated by REALFAN MEDIA LTD, registered in England and Wales, registration number 15047782, with an office at 85 Great Portland Street, First Floor, London, England, W1W 7LT.

Program Rules:

  • Only active BeRealFan Users can join the Referral Program. Suspended or deleted accounts aren't eligible.
  • To receive referral payments, you must add a bank or payment method to your User account.
  • Each User has a unique referral link. Share this link responsibly without impersonating BeRealFan or using platforms like Google Ads. You may need to disclose your sharing methods upon our request.
  • The Referred Creator must use your link for registration. No link means no referral payment.
  • The Referred Creator shouldn't already have a BeRealFan account.
  • Payments are made only for the Referred Creator's first account. Multiple accounts won't get additional payments.
  • No payments for self-referrals or commercial partners. We may ask for information to verify this.
  • Promote BeRealFan accurately. Don't mislead potential Creators about possible earnings or fan numbers.

Referral Payments:

  • How are they calculated? Referring Users get 5% of the Referred Creator's Fan Payments for 12 months after they join, up to $50,000 per Referred Creator.
  • If a Referred Creator generates over $1 million in Fan Payments within the first year, the referral payment is capped at $50,000.
  • Referral payments include VAT where applicable.

Warnings:

  • Misrepresenting the referral program's benefits is illegal.
  • Earnings from the program are not guaranteed.

Payouts:

  • Choose a payout method available in your country to get referral payments.
  • Payments are made monthly, around the first day of the next month.
  • We cover the cost of referral payments.

Our Rights:

  • We can recover incorrectly paid amounts.
  • We may ask for information to verify payments.
  • The Referral Program's terms can change, but your previously earned payments are secure.

Withholding Payments:

  • We may withhold payments if:
    • You breach our Terms of Service.
    • We suspect you or the Referred Creator engaged in unlawful/fraudulent activity.
    • There's a lien on your payments.
  • We're not responsible for withholding or forfeiting payments if justified by these terms.
  • We may pay a portion of the withheld amount if part of it isn't related to any breaches or suspected activities. If your breach causes us a loss, we may offset the amount against our losses.

COMPLAINTS POLICY

Introduction:

This policy outlines how we address complaints related to BeRealFan. If you're a user, this forms part of our agreement with you.

Our Identity and Contact Details:

BeRealFan is run by REALFAN MEDIA LTD, registered in England and Wales, registration number 15047782, with an office at 85 Great Portland Street, First Floor, London, England, W1W 7LT.

Interpretation:

Terms defined here coincide with those in the Terms of Use for all users. Furthermore, "business days" means days excluding Saturdays, Sundays, and public holidays.

Who is this for?

This policy is for anyone, whether or not you are a BeRealFan user, who wants to voice complaints about BeRealFan.

How to File a Complaint:

If you have issues with BeRealFan (like concerning content or a user's behavior), email your complaint to support@berealfan.com, detailing your name, address, a summary of the complaint, and, if related to content, the URL of that content.

If email isn't an option, mail us at: 85 Great Portland Street, First Floor, London, England, W1W 7LT.

Addressing Complaints on Illegal or Non-consensual Content:

After receiving your complaint on the said content:

  1. We'll investigate, considering the nature of the complaint.
  2. We might contact you for more details.
  3. We'll honestly probe into the issue within seven (7) business days.
  4. If we find the content illegal or non-consensual, it will be immediately deleted, and you'll be notified.
  5. If we don't find any issue with the content, you'll be informed.

For disputes on non-consensual content, we'll have a neutral arbitrator review the matter, at our expense.

Addressing Copyright-related Complaints:

These must adhere to our DMCA Policy, and we will respond based on its guidelines.

Handling Other Complaints:

For complaints not mentioned above:

  1. We'll initiate an investigation appropriate for the complaint's nature.
  2. Additional details might be requested from you.
  3. If your complaint concerns a specific content on BeRealFan, and we believe it breaches our Acceptable Use Policy, we'll swiftly remove the content.
  4. We aren't obligated to update you about the complaint's outcome.

Unjustified or Offensive Complaints:

If you use BeRealFan, ensure your complaints are justified, respectful, and made in good faith. If we find you've raised a baseless, offensive, or dishonest complaint, we might suspend or terminate your account.

PLATFORM TO BUSINESS REGULATION TERMS

Introduction:
These regulation terms are an integral part of our Terms of Service.

Interpretation:
In these terms, unless specifically mentioned, all defined words carry the same meaning as provided in the standard Terms of Use for all users.

Applicability:
This applies only to Creators based in or residents of the European Union or the United Kingdom (referred to as "you"). If these terms are applicable, they become part of your agreement with us.

Purpose:
These terms ensure our compliance with the transparency and fairness requirements of the EU Regulation 2019/1150, also known as the "Platform to Business Regulation."

Promotion Across Channels:
We might opt to promote Creators on our social media platforms, including Instagram (www.instagram.com/berealfan) and Twitter (www.twitter.com/berealfan).

Ranking Mechanism:
We might suggest potential Creators for users to follow, based on the earnings of Creators in the previous 30 days. However, there's no specific ranking system. BeRealFan doesn’t have a search/discovery feature.

Complaint Procedures:

If you have concerns about:

  1. Any perceived non-adherence on our part to the obligations of the Platform to Business Regulation impacting you.
  2. Technical issues directly linked to BeRealFan affecting you.
  3. Our actions or measures directly related to BeRealFan that influence you.

Kindly submit your complaint to support@berealfan.com.

Handling Complaints:
After receiving your complaint as detailed above, we will:

  1. Deliberate on the issue, determining what further steps or information might be necessary.
  2. Address your complaints in a timely manner, considering the seriousness and intricacy of the concern.
  3. Convey the outcome of our investigation in a clear and concise manner through email or direct message on your BeRealFan account.

Mediation Service:
If our internal complaint handling process doesn't resolve the issue, you can contact us:

85 Great Portland Street, First Floor, London, England, W1W 7LT.

Throughout any mediation, both parties will maintain goodwill.

Nevertheless, at any point during the mediation, either party reserves the right to initiate legal proceedings, as detailed in our Terms of Use for all users.