Terms of Service

TERMS OF SERVICE

Effective Date: December 19, 2025
Last Updated: December 19, 2025

1. INTRODUCTION

Welcome to Privly.fans (the "Platform" or "Service"), operated by Hyperzas, LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of Delaware, United States, with its principal place of business at 131 Continental Dr, Suite 305, Newark, DE 19713, US.

These Terms of Service ("Terms") govern your access to and use of the Privly platform, including all content, features, and services offered. By accessing or using Privly, you agree to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

2. ELIGIBILITY AND AGE REQUIREMENTS

2.1 Minimum Age

You must be at least 18 years of age to access or use Privly. By using the Platform, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

2.2 Age Verification

Subscribers/Users: Upon accessing the Platform, you must confirm that you are 18 years of age or older.
Creators: All content creators must undergo identity verification using approved third-party verification services (such as age verification and identity authentication software) to confirm they are at least 18 years of age. Failure to complete verification will result in account suspension or termination.

2.3 Geographic Restrictions

The Platform is not available in all jurisdictions. You are responsible for ensuring that your use of the Platform complies with all applicable local, state, national, and international laws.

3. ACCOUNT TYPES AND REGISTRATION

3.1 Account Types

Privly offers two types of accounts:

Creator Accounts: For individuals who wish to create, upload, and monetize content
Subscriber Accounts: For individuals who wish to access and purchase content

3.2 Registration Requirements

To create an account, you must:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Notify us immediately of any unauthorized access or security breach

3.3 Account Responsibility

You are solely responsible for all activity that occurs under your account. You may not share, sell, or transfer your account to any other person or entity.

4. CONTENT CREATOR TERMS

4.1 Creator Eligibility

To become a Creator, you must:

Be at least 18 years of age
Complete identity verification through our approved verification partners
Provide valid government-issued identification
Agree to comply with all content policies and guidelines
Provide accurate tax information as required by law

4.2 Content Ownership and License

You retain all ownership rights to the content you upload to Privly
By uploading content, you grant Hyperzas, LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your content on the Platform for the purpose of operating and promoting the Service
You represent and warrant that you own or have the necessary rights to all content you upload
You are solely responsible for ensuring you have all necessary rights, licenses, and consents (including model releases) for all content you post

4.3 Revenue Sharing and Payments

Commission Structure:

Hyperzas, LLC retains a 15% commission on all earnings generated through the Platform
Creators receive 85% of all revenue generated from their content

Payment Terms:

Minimum withdrawal threshold: $100.00 USD
Payments are processed via bank transfer upon reaching the minimum threshold
Creators are responsible for any fees charged by their financial institutions for receiving international payments
Payment processing typically occurs within 7-14 business days after a withdrawal request
Creators must provide accurate banking information and tax documentation

Taxes:

Creators are solely responsible for all taxes on their earnings
Hyperzas, LLC will issue appropriate tax forms (such as 1099 forms for US-based creators) as required by law
International creators are responsible for complying with their local tax obligations

4.4 Refunds and Chargebacks

All sales are final unless determined otherwise by Hyperzas, LLC in its sole discretion
In the event of a chargeback or payment dispute, the amount in question (plus the 15% commission) will be deducted from your account balance
Excessive chargebacks may result in account suspension or termination

5. SUBSCRIBER TERMS

5.1 Subscriptions and Purchases

Subscribers may purchase access to Creator content through subscriptions, tips, pay-per-view content, and other monetization features
All purchases are processed through our payment processors: CCBill and cryptocurrency payments via NowPayments
Subscription fees are charged on a recurring basis until cancelled
Prices are set by individual Creators and are subject to change with notice

5.2 Cancellation and Refunds

Subscribers may cancel subscriptions at any time
Cancellations take effect at the end of the current billing period
No refunds are provided for partial subscription periods unless required by law or granted at our sole discretion
Access to content continues until the end of the paid subscription period

5.3 Content Access and Use

Content purchased or accessed through subscriptions is for personal, non-commercial use only
You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without express written permission from the Creator and Hyperzas, LLC
Downloading, screen recording, or capturing content without authorization is strictly prohibited

6. PAYMENT PROCESSING

6.1 Payment Methods

Privly accepts payments through:

CCBill: Credit and debit card processing
Cryptocurrency: Via NowPayments for supported digital currencies

6.2 Payment Authorization

By providing payment information, you authorize Hyperzas, LLC and its payment processors to charge your payment method for all fees incurred. You represent and warrant that you have the legal right to use the payment method provided.

6.3 Payment Security

We use third-party payment processors to handle payment transactions. We do not store your complete payment card information on our servers. Please review the privacy policies of CCBill and NowPayments for information on how they handle your payment data.

7. PROHIBITED CONTENT AND CONDUCT

7.1 Content Restrictions

The following content is strictly prohibited on Privly:

Content depicting or involving minors in any sexual or suggestive context
Non-consensual content, including revenge porn or content posted without proper authorization
Content depicting or promoting violence, torture, or cruelty
Content involving bestiality or animals in a sexual context
Content depicting or promoting rape, sexual assault, or non-consensual sexual activity
Content involving bodily fluids or waste in a sexual context (scat, extreme fetishes)
Content promoting self-harm, suicide, or eating disorders
Content that violates any person's intellectual property rights
Illegal content or content promoting illegal activities
Content depicting or promoting incest, even if participants are of legal age
Content that impersonates another person or misrepresents your identity
Deepfakes or manipulated media presented as authentic
Content containing malware, viruses, or malicious code

7.2 Prohibited Conduct

Users and Creators are prohibited from:

Harassing, threatening, or intimidating other users
Engaging in any form of hate speech, discrimination, or promotion of violence
Spamming, phishing, or engaging in fraudulent activity
Attempting to circumvent payment systems or fees
Using automated systems (bots) to interact with the Platform without authorization
Attempting to gain unauthorized access to accounts, systems, or data
Selling or transferring accounts
Soliciting personal information from other users for malicious purposes
Advertising or promoting competing platforms
Engaging in money laundering or other financial crimes
Manipulating the Platform's features to artificially inflate metrics or earnings

7.3 Enforcement

Violation of these content and conduct policies may result in:

Content removal
Account suspension or termination
Forfeiture of account balance
Legal action
Reporting to law enforcement authorities

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Platform Ownership

The Privly platform, including its design, features, software, logos, trademarks, and all other intellectual property, is owned by Hyperzas, LLC and protected by copyright, trademark, and other intellectual property laws.

8.2 DMCA and Copyright Infringement

Hyperzas, LLC respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

Copyright Infringement Notification: If you believe your copyrighted work has been used on Privly in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:

Your physical or electronic signature
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and its location on the Platform
Your contact information (address, telephone number, email address)
A statement that you have a good faith belief that the disputed use is not authorized
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf

Designated Copyright Agent: Hyperzas, LLC
DMCA Copyright Agent
131 Continental Dr, Suite 305
Newark, DE 19713, US
Email: [Insert DMCA email address]

8.3 Counter-Notification

If you believe content you posted was removed in error, you may submit a counter-notification containing:

Your physical or electronic signature
Identification of the removed material and its prior location
A statement under penalty of perjury that you have a good faith belief the material was removed in error
Your name, address, telephone number, and consent to jurisdiction

8.4 Repeat Infringer Policy

Hyperzas, LLC maintains a policy of terminating accounts of users who are repeat copyright infringers.

9. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Privly, you consent to our Privacy Policy.

9.1 Data We Collect

We collect information you provide directly, usage data, device information, and payment information through our payment processors.

9.2 Use of Data

We use your data to operate the Platform, process transactions, provide customer support, ensure security, and comply with legal obligations.

9.3 Your Rights

Depending on your jurisdiction, you may have rights to access, correct, delete, or restrict the use of your personal data. Contact us to exercise these rights.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 Platform Provided "As Is"

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SECURITY.

10.2 No Guarantee of Availability

We do not guarantee that the Platform will be available at all times or that it will be error-free. We reserve the right to modify, suspend, or discontinue the Platform at any time without notice.

10.3 Third-Party Content

We do not control, endorse, or assume responsibility for any content posted by users. Creators are solely responsible for their content.

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERZAS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

Your access to or use of or inability to access or use the Platform
Any conduct or content of any third party on the Platform
Any content obtained from the Platform
Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.5 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hyperzas, LLC, its subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use of the Platform
Your violation of these Terms
Your violation of any rights of another party
Content you post or transmit through the Platform
Your breach of any representation or warranty contained in these Terms

12. DISPUTE RESOLUTION AND ARBITRATION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice describing the dispute and your desired resolution to: Hyperzas, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, US.

12.3 Binding Arbitration

If the dispute cannot be resolved informally within 60 days, either party may initiate binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Delaware, United States, or remotely via videoconference.

12.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12.5 Exceptions

Either party may bring a lawsuit in court to seek injunctive relief for intellectual property infringement or unauthorized access to the Platform.

13. TERMINATION

13.1 Termination by You

You may terminate your account at any time by accessing your account settings or contacting customer support. Upon termination:

Your access to the Platform will cease
Your content may be removed (subject to legal retention requirements)
Any outstanding payments owed to Creators will be processed in accordance with our payment terms
No refunds will be provided for subscription fees already paid

13.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

Violation of these Terms
Fraudulent, illegal, or harmful conduct
Excessive chargebacks or payment disputes
Providing false information
Any other reason we deem necessary to protect the Platform or other users

13.3 Effect of Termination

Upon termination:

All licenses granted to you under these Terms will immediately cease
You must immediately cease all use of the Platform
We may delete your content and account data
For Creators, any balance below the minimum withdrawal threshold may be forfeited
For Creators with balances above the minimum threshold, payments will be processed according to our standard payment schedule, minus any amounts owed to us

13.4 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. MODIFICATIONS TO TERMS

14.1 Right to Modify

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

Posting the updated Terms on the Platform
Updating the "Last Updated" date
Sending an email notification to registered users (for significant changes)

14.2 Acceptance of Modified Terms

Your continued use of the Platform after changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Hyperzas, LLC regarding the Platform.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Relationship

Nothing in these Terms creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Hyperzas, LLC.

15.7 Notices

All notices to you will be provided by email or by posting on the Platform. You may provide notice to us at:

Hyperzas, LLC
131 Continental Dr, Suite 305
Newark, DE 19713, US
Email: [Insert contact email]

15.8 Export Controls

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

15.9 Language

These Terms may be translated into other languages for convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

16. CONTACT INFORMATION

If you have questions, concerns, or complaints about these Terms or the Platform, please contact us:

Hyperzas, LLC
131 Continental Dr, Suite 305
Newark, DE 19713
United States

Email: support@privly.fans
Website: Privly.fans

BY USING PRIVLY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.