Contract Between Fan and Creator

ELITEFANS.AI — CONTRACT BETWEEN FAN AND CREATOR

Governing Law: State of North Carolina, USA
Last Updated: December 2025

 

1. Introduction

This Contract between Fan and Creator (the “Agreement”) governs each interaction between a Fan and a Creator conducted through the EliteFans.ai platform (“EliteFans,” “the Platform,” or “the Company”).

EliteFans.ai provides the technical infrastructure that enables interactions between Fans and Creators. This Agreement governs the contractual relationship formed directly between a Fan and a Creator for each Creator Interaction and operates independently of EliteFans.ai’s Terms of Use.

 

2. Scope and Binding Effect

This Agreement is legally binding and applies each time a Fan initiates a Creator Interaction on EliteFans.ai.
This Agreement applies to the exclusion of any other terms proposed by either the Fan or the Creator unless expressly agreed in writing.

 

3. Parties

The only parties to this Agreement are:

  • the Fan, and
  • the Creator participating in the Creator Interaction.

EliteFans.ai and its affiliates are not parties to this Agreement or to any Creator Interaction, except as expressly described herein and in the EliteFans.ai Terms of Use.

 

4. Definitions and Interpretation

For purposes of this Agreement, the following definitions apply:

  • “Company”: EliteFans.ai and its operating entities.
  • “Content”: Any material uploaded to EliteFans.ai, including photos, videos, audio, livestreams, text, metadata, images, emojis, GIFs, interactive features, or other digital material.
  • “Creator”: A User who posts Content for Fans to access.
  • “Creator Earnings”: The portion of a Fan Payment payable to a Creator under the Terms of Use.
  • “Creator Interaction”: Any interaction granting access to a Creator’s Content, including subscriptions, pay-per-view content, tips, gifts, livestreams, and direct messages.
  • “Creator Interaction License”: The limited, non-exclusive, non-transferable, non-sublicensable right to access Relevant Content.
  • “Fan”: A registered User accessing Content via a Creator Interaction.
  • “Fan Payment”: Any payment made in connection with a Creator Interaction.
  • “Platform Fee”: The percentage of Fan Payments retained by EliteFans.ai.
  • “Indirect Taxes”: Any applicable sales, use, VAT, GST, or similar taxes.
  • “Paid Relevant Content”: Content requiring payment to access.
  • “Relevant Content”: Content associated with a Creator Interaction.
  • “Subscription”: A recurring paid agreement granting access to a Creator’s Content.
  • “Upload”: To post, publish, display, or otherwise share Content.
  • “User”: Any person using EliteFans.ai.

Words such as “include,” “includes,” and “including” mean without limitation.

 

5. Pricing and Payments

By initiating a Creator Interaction, the Fan agrees to pay the applicable Fan Payment plus any required Indirect Taxes.

The Fan authorizes EliteFans.ai to collect payments, deduct Platform Fees, distribute Creator Earnings, and process referral or promotional payments where applicable.

 

6. Subscriptions and Renewals

By selecting “Subscribe,” the Fan enters into a Subscription with the Creator.

Subscriptions automatically renew at the current rate unless:

  • auto-renew is disabled,
  • payment fails,
  • the subscription price changes,
  • the Creator discontinues subscriptions, or
  • the Fan closes their account.

No additional notice of renewal is required.

 

7. License of Content

As part of each Creator Interaction, the Creator grants the Fan a Creator Interaction License to access Relevant Content.

This license does not permit redistribution, copying, resale, public display, or sharing of Content.

 

8. Ownership of Content

All Content remains the sole property of the Creator or applicable rights holder.
No ownership rights are transferred to the Fan.

 

9. Expiration of License

The Creator Interaction License terminates automatically if:

  • payment is reversed or charged back;
  • the Creator removes the Content or account;
  • a Subscription period ends;
  • the Fan’s account is suspended or terminated;
  • the Fan violates EliteFans.ai policies;
  • the Creator’s account is suspended or terminated; or
  • the Fan closes their account.

 

10. Removal of Content

Creators may remove Content at any time.
EliteFans.ai reserves the right to remove Content or suspend accounts pursuant to its policies.

The Fan acknowledges that Content availability is not guaranteed.

 

11. Cancellations and Refunds

Except where required by applicable law:

  • Fan Payments are non-refundable,
  • chargebacks may not be initiated except in good-faith disputes.

Refunds are governed by EliteFans.ai Terms of Use and applicable consumer protection laws.

 

12. Obligations Between Fan and Creator

The Fan and Creator agree that:

  • both will comply with EliteFans.ai Terms of Use;
  • the Creator is solely responsible for Content;
  • the Creator warrants legal rights to grant the license;
  • the Fan agrees to pay all required Fan Payments;
  • third parties may assist Creators;
  • the Fan assumes risk of accessing Content except where prohibited by law.

 

13. No Guarantees

Access to Content may be interrupted due to maintenance, technical issues, or enforcement actions.
No uninterrupted availability is guaranteed.

 

14. Governing Law and Jurisdiction (North Carolina)

To the fullest extent permitted by applicable law, this Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement or any Creator Interaction shall be governed by and construed in accordance with the laws of the State of North Carolina and applicable United States federal law, without regard to conflict-of-law principles.

Except where prohibited by law, the exclusive venue and jurisdiction for any legal action shall be the state or federal courts located within the State of North Carolina, and the Fan and Creator consent to personal jurisdiction and venue therein.

Nothing in this Agreement limits any non-waivable consumer rights under U.S. law.

 

15. Severability

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

16. Entire Agreement

This Agreement, together with the EliteFans.ai Terms of Use, constitutes the entire agreement governing Creator Interactions on the Platform.