Creator Terms and Conditions
Preamble
Copy link to “Preamble”These creator terms and conditions (the “creator terms”) govern the relationship between you as a creator and DAAR GLOBAL LIMITED (“the platform”, “we”, “us”). They supplement the general terms of service (Terms) and apply in addition to every user who activates a creator account on desioart (desioart.com).
By activating your creator account you accept these creator terms expressly. Where these creator terms and the general terms conflict, these creator terms prevail for the subject matter they govern (Terms section 19.4). As a creator you are a business user within the meaning of the terms of service and of Regulation (EU) 2019/1150; section 15 summarises the particular rights that gives you.
1 Scope
Copy link to “1 Scope”These creator terms apply to every natural person who offers content on the platform as a creator, whether they
- appear alone in their content as a solo creator,
- work with other people (co-performers and co-creators, sections 9.4 and 11.2), or
- offer content as an AI creator, produced wholly or mainly with artificial intelligence (section 11.3).
Co-performers who appear in a creator’s content without being creators themselves are governed by the terms of service (section 2.8) and by the co-performer policy (Co-Performers; summarised in section 9.4). AI personas we operate ourselves are not creators within the meaning of these terms (section 11.4).
2 What activating a creator account requires
Copy link to “2 What activating a creator account requires”Before you can monetise as a creator you must complete the following steps:
2.1 Two-stage verification
Copy link to “2.1 Two-stage verification”We follow a two-stage model (see Age Verification section 4):
Stage 1 — for every user:
- email verification (double opt-in) and acceptance of the terms of service
- age verification through our verification provider (a check that you are 18 or over; we store only the result, the assurance level, the expiry date and the country)
- consent under Article 9 GDPR (adult content)
Once stage 1 succeeds you can create a creator profile. In doing so you declare bindingly (a) whether you appear as a human being or as an AI creator — a choice that cannot be changed after activation and that is shown in your profile (section 11.3) — and (b) whether you intend to offer explicit (adult) content. Until stage 2 is complete you can maintain SFW profile content only.
Stage 2 — identity check (just in time):
The identity check through our KJM-certified verification provider is triggered the first time you want to:
| Trigger | When |
|---|---|
| upload adult content | content at level NSFW-Mild, NSFW-Hard or 18+ Special (which triggers the 2257 obligation) |
| attribute a co-performer to an item of content | anyone other than yourself |
| request a payout | whatever the amount |
Stage 2 comprises:
- full identity verification with an official identity document (which stays with the verification provider; we store a reference and a checksum of the document number)
- an extended liveness check
- proof of address (no more than 3 months old)
- bank details (IBAN and, where needed, SWIFT/BIC) in your own name
- tax identification (tax ID and, where applicable, VAT ID; for US persons a W-9, for non-US persons with a US connection a W-8BEN)
- the 2257 compliance confirmation (see 2257 Statement section 5.1)
- sanctions and PEP screening
Once stage 2 succeeds, the privilege in question is unlocked automatically. We may ask for updated documents or for fresh verification at any time (section 10.1).
Important: without a completed stage 2 you can publish no adult content, attribute no co-performers and receive no payouts. Uploads that require verification are held back until it is complete, and then continue automatically.
2.2 Acceptance of all the relevant policies
Copy link to “2.2 Acceptance of all the relevant policies”You have read and expressly accepted the following:
- the terms of service (Terms); and you have taken note of the privacy policy (Privacy)
- the acceptable use policy (Acceptable Use) and the community guidelines (Community)
- the creator earnings and payouts policy (Creator Earnings)
- the content moderation policy (Moderation), the DMCA policy (DMCA) and the NCII policy (NCII Takedown)
- the age verification policy (Age Verification) and the 18 U.S.C. § 2257 statement (2257 Statement)
- these creator terms
The advertising and promotion policy (Advertising), the referral programme terms (Referral), the co-performer policy (Co-Performers), the API terms (API Terms) and the platform-to-business terms (P2B Terms) form part of the agreement as well (Terms section 19.1) and, for the subject matter they govern, prevail over the summarising passages of these terms (sections 16, 6.5, 9.4, 17 and 15).
2.3 Tax declarations
Copy link to “2.3 Tax declarations”You have given truthful details of your tax residence, your tax identification number and, where you have one, your VAT identification number, and you tell us without delay when they change. What you supply to us — content in return for remuneration (section 4.5) — is a business supply; whether you are liable to VAT on it is something you declare to us on activation. We account for your remuneration monthly by self-billing (section 7.5).
2.4 Minimum age
Copy link to “2.4 Minimum age”You have turned 18 and are of full age under the law of your home jurisdiction. Where a higher local minimum age applies to adult performers, the higher age governs.
2.5 Linked accounts
Copy link to “2.5 Linked accounts”Once stage 2 is complete you can create further creator accounts under your verified identity — for different stage names, say. Linked accounts inherit your verification, each carries its own balance and its own fans, and they count as one person for tax purposes and for every threshold (DAC7, AML). They may not follow, subscribe to, buy from, message or advertise one another (Terms section 2.6). Every stage name is recorded as an alias in our 2257 records.
2.6 Account security
Copy link to “2.6 Account security”We strongly recommend that you turn on two-factor authentication; for payouts, changes to bank details and other sensitive actions we require you to confirm your identity again. Do not share your credentials; assistants get access only through the features provided for them (section 4.7).
3 Definitions (specific to creators)
Copy link to “3 Definitions (specific to creators)”| Term | Meaning |
|---|---|
| Creator | a natural person with an active creator account (legal persons cannot hold a creator account at present) |
| Gross revenue | everything fans pay us for what you offer (subscriptions, tips, pay-per-view content, media links, custom requests), VAT included |
| Net revenue | gross revenue less the VAT contained in it and less the payment service provider’s fee for the transaction concerned |
| Platform commission | the share of net revenue we retain under section 6.1 |
| Creator remuneration (“creator earnings”) | the share credited to you after the platform commission is deducted |
| Pending balance | remuneration credited to you but still within the hold period (section 7.1) |
| Available balance | remuneration after the hold period, less any set-offs |
| Hold period | the time for which new earnings are held before they become available |
| Vault | your media library on the platform, from which you fill posts, messages, broadcasts and media links |
| Media link | a publicly shareable purchase link to a media bundle (desioart.com/{username}/pr-…) |
| Broadcast | a message to a group of fans you choose |
| Co-performer | anyone other than you who is visible or audible in your content |
| Co-creator | a co-performer who holds a creator account of their own |
| Consent (release) | a co-performer’s documented, informed agreement to the recording and publication of a particular item of content through the platform |
| General consent | consent given in advance by a person for a particular creator’s future content (section 9.4) |
| Fan data | personal data about your fans that the platform shows you |
4 Your status as an independent contractor
Copy link to “4 Your status as an independent contractor”4.1 The independent contractor clause
Copy link to “4.1 The independent contractor clause”As a creator you are an independent contractor. Between you and us there is no employment relationship, no contract of service, no relationship giving rise to social insurance obligations, no commercial agency, no joint venture and no partnership.
4.2 Free choice of platform (no exclusivity)
Copy link to “4.2 Free choice of platform (no exclusivity)”You are entirely free to choose which platforms you offer your content on:
- You can be active on other adult platforms at the same time, at different prices and on different terms.
- You can post and market your content on other platforms at the same time.
- You can link to other platforms from your profile and in messages, within the limits of Acceptable Use section 6; the platform gives you social links (up to 23 services) and cross-posting features for this (section 9.8).
The only restriction is the one in section 5.2 and Acceptable Use section 6.2 on payments and delivery away from the platform for content and services arranged through it — and that exists to protect fans and the security of the platform, not to shield us from competition.
4.3 Free choice of content
Copy link to “4.3 Free choice of content”You decide freely:
- what content you create and upload (within the limits of the AUP)
- which themes, styles and categories you choose
- what prices you set, within the platform’s technical ranges (section 5.1), for subscriptions, bundles, promotions, tips, pay-per-view content, media links and custom requests
- which custom requests you accept and which you decline
- whether, when and how you interact with fans, which fans may write to you and whom you block
We give you no editorial direction beyond the AUP and the SFW guidelines for public media (section 5.5).
4.4 Free choice of hours
Copy link to “4.4 Free choice of hours”You decide freely when, how often and for how long you are active on the platform. There is no minimum posting obligation, no prescribed response time and no obligation to be present.
(Subject to the restriction in section 5.4 on being reachable by paying fans — which exists solely to protect fans, not to steer the platform.)
4.5 Your own business responsibility
Copy link to “4.5 Your own business responsibility”As an independent contractor you bear:
- responsibility for tax on your earnings (income tax, VAT where applicable, trade tax where applicable in Germany)
- responsibility for your own social insurance (in Germany, possibly the Künstlersozialkasse or voluntary cover; elsewhere as the country requires)
- your own liability insurance, if you want it
- your own bookkeeping for your earnings
- your own responsibility for the lawfulness of your content (copyright, personality rights, local adult content laws)
We pay no wages in the sense of social insurance law. What you receive is remuneration for the content you supply, which we calculate from what fans pay, less our intermediation and service commission (Terms section 3.1).
4.6 Tax reporting by the platform
Copy link to “4.6 Tax reporting by the platform”So far as the law requires it, we report your platform earnings to the competent tax authorities:
- DAC7 (EU) — an annual report to the Cypriot tax administration (by 31 January for the previous year) for creators tax-resident in the EU who received at least EUR 2,000 in remuneration in the calendar year or had at least 30 transactions settled. The report is passed on to your country of residence, and you receive a copy of the data reported in early February.
- US 1099-NEC — a report to the US Internal Revenue Service for US persons from USD 2,000 of annual remuneration; without a valid W-9 or W-8BEN we must apply backup withholding of 24 %.
- UK — guidance on self-assessment, and a report to HMRC where a threshold is exceeded.
- Multiple accounts (section 2.5) are reported together.
We give you an annual earnings statement that you can use in your own tax return (Creator Earnings sections 8 and 9).
4.7 Assistants, agencies and AI tools
Copy link to “4.7 Assistants, agencies and AI tools”You can have third parties (assistants, management, agencies) or the platform’s AI tools help you run your account and communicate with fans. In that case:
- You alone remain our contracting party; you are answerable for everything your helpers do as though you had done it yourself, and you bind them to these terms and to every policy.
- Credentials may not be passed on; helpers get access only through the features the platform provides for it (section 17). A third party may use your account directly only on your express instruction and under your supervision.
- Fans must not be deceived about who appears in your content; messages written by helpers or by AI are labelled automatically where AI is used.
- Contracts with agencies are a private matter for you; we pay you and nobody else.
5 What you may do, and what you undertake
Copy link to “5 What you may do, and what you undertake”5.1 You may
Copy link to “5.1 You may”| Feature | Conditions |
|---|---|
| Publish posts | required details: content level (SFW / NSFW-Mild / NSFW-Hard / 18+ Special), category, tags; visibility public, followers, subscribers or pay-per-view; scheduled or time-limited; with polls |
| Offer a subscription | one monthly price, USD 3.99–500; multi-month bundles of 3, 6 or 12 months at a discount of 5–50 %; promotional offers; free trial periods of 0–30 days (with or without a payment method on file); a price change applies to existing subscribers only if they agree to it |
| Receive tips | USD 1–500 per tip; tip menus and tip goals |
| Offer pay-per-view content | in posts, messages and broadcasts: USD 3–500; automated messages from USD 1 |
| Create media links | media bundles from your vault at USD 3–500, buyable without a subscription, with a blurred preview |
| Accept custom requests | price freely negotiable (USD 5–500), delivery date agreed; the remuneration is credited on delivery |
| Message | subscribers, buyers (for 30 days after a purchase), people who have made a request and — if you allow it — followers; you can start conversations yourself (Terms section 4.5) |
| Broadcast | to segments of your fans and to lists of your own, with exclusions, scheduled, and with pay-per-view content |
| Automated messages | on set occasions, with attachments and an optional AI reply |
| The vault | a media library with folders, voice notes (up to 20 MB or 5 minutes), remembered prices, and reuse across every channel |
| Fan lists and notes | smart lists, lists of your own, private notes and markers (visible only to you), muting, restricting and blocking |
| Statistics | earnings, subscribers (with a breakdown by country), top fans, segments, how content performs, price benchmarks (from 10 comparable creators upwards, anonymised), a weekly summary; and a data export (CSV) for your bookkeeping |
| Marketing tools | tracking links per channel, a profile QR code, test links, promotional covers, an intro video, social links to 23 services, cross-posting (section 9.8) |
| AI tools | text suggestions for messages, your bio and automated replies, in a tone you choose; a monthly allowance at no extra cost (the details are in the help centre); AI messages are labelled (section 11.3) |
| Third-party apps | approved apps, with the permissions you grant them (section 17) |
| Profile settings | free following on or off, messages from followers on or off, who may comment (everyone, creators, followers, subscribers), discoverability in search on or off, how far paid previews are blurred |
| Geoblocking | country blocks of your own, on top of the platform’s list |
| Block fans | at any time; a blocked person’s running subscription ends at the end of the period without renewing |
| See your account status | warnings, moderated media, reasons, appeals (/account-health) |
| Request payouts | after the hold period, under section 7 |
5.2 You undertake
Copy link to “5.2 You undertake”- to keep to every platform policy
- to upload only content you hold the copyright in or have a valid licence for
- to ensure that everyone appearing in an item of content is verified and has consented through the platform’s consent system (section 9.4), and to declare content truthfully (content level, people, AI labelling)
- to keep your KYC data current — your bank details, address and tax ID above all
- to supply what has been bought: whatever you offer as a subscription, as pay-per-view, as a media link or as a custom request must be as you described it and must remain accessible to fans through the platform (section 5.6)
- to deliver custom requests you have accepted on time, or, where delivery runs into trouble, to cancel the request through the platform, in which case the fan gets their money back
- to offer, request or accept no payment, delivery or meeting away from the platform for anything arranged through it (no external payment links, no off-platform delivery for money, no paid meetings in person) — breaches lead to an immediate ban and to the retention of your balance (Acceptable Use sections 5.2 and 6.2)
- to mark AI-generated and AI-altered content as such — for each item, before publication (marking it is required on upload; the visible label and the machine-readable marking are added by the platform). This satisfies the labelling obligation under Article 50 of the AI Act (Regulation (EU) 2024/1689) at the same time; declaring it falsely breaches these terms
- to use fan data only as section 10.7 allows
- to publish third-party advertising only as section 16 allows
5.3 You waive
Copy link to “5.3 You waive”- the status of an employee, any claim to social insurance and any claim to employment
- any claim to paid leave, sick days, maternity protection or a minimum wage
- claims under employment protection law
- a direct contractual relationship with fans outside the platform for platform content (Terms section 3.1)
5.4 Being reachable by paying fans
Copy link to “5.4 Being reachable by paying fans”Where you have active subscriptions, you should respond within 30 days to a substantive message from a subscriber (a short reply is enough) and keep your content available. This is not an instruction of an employment kind; it protects the fans who pay for access to you:
- If you stay entirely inactive for more than 60 days (no publication, no reply), we may suspend your acceptance of new subscriptions, tell fans that you are inactive, and deal with their complaints under Terms section 6.3 (a goodwill refund borne by your remuneration).
- You can pause your acceptance of new subscriptions yourself at any time (“pause new subscriptions”), so that you raise no expectations while you are away.
5.5 Public media must be suitable for all audiences
Copy link to “5.5 Public media must be suitable for all audiences”Your profile picture, banner, intro video (up to 30 seconds), promotional cover and public bio are visible to every visitor before they subscribe — including visitors whose age is not verified — and the captions on your posts are publicly readable too, unless the post is classified as adult. The test for all of it is simple: it should be something you could post on a mainstream social network. Clothed pictures are fine — lifestyle, fitness, cosplay, glamour — opaque swimwear and lingerie included. Not fine are nudity and implied nudity, see-through clothing, sexual acts and explicit poses, framing or props whose point is the explicit, anything suggesting a minor, and misleading images (Acceptable Use section 4).
Public media are checked before release — at present by our own team; media that are not released are only taken out of discovery — nothing is deleted, nobody is banned, your earnings are unaffected — you are told, and you can appeal (Moderation). Where it happens repeatedly, your whole profile can fall out of public view until you replace the media in question (Acceptable Use section 9.2).
5.6 What you owe us and your fans
Copy link to “5.6 What you owe us and your fans”Because we owe fans the contractually agreed supply of the content you offer (Terms sections 3.1 and 6.4), you undertake to us that what you offer
- is as you describe it (description, preview, stated price, length, format) and serves the purpose stated on the platform,
- remains available to the fan through the platform after purchase, unless you must remove it for legal reasons, and
- for subscriptions, gives fans access to your subscriber-only content throughout the period they paid for.
Refunds we owe fans because these duties were breached, or grant as a goodwill gesture, are borne by you under section 6.3.
6 Monetisation and the commission model
Copy link to “6 Monetisation and the commission model”6.1 The platform commission
Copy link to “6.1 The platform commission”The platform retains 20 % of all net revenue (the “platform commission”), whichever feature a payment comes through. You receive 80 % as creator remuneration. Commission for creators you refer (section 6.5) we pay out of our own share. The items set off under Creator Earnings section 2.5 are not part of the platform commission; they are set off against your balance separately. Every transaction refers to the fee policy version in force when the payment was made, which you can see in your statement.
6.2 What the commission is calculated on
Copy link to “6.2 What the commission is calculated on”The platform commission is calculated on net revenue — that is, after VAT is deducted (which we account for on sales to EU consumers through the OSS scheme) and after the payment service provider’s fee for the transaction concerned is deducted, but before chargebacks and refunds. Your prices are net prices; the VAT of the fan’s country is added at the time of purchase. The details are in Creator Earnings section 2.2.
6.3 Chargebacks and refunds
Copy link to “6.3 Chargebacks and refunds”- On a chargeback you bear the reversal in its full gross amount; the platform commission on the original transaction stands (the industry standard; the details are in Creator Earnings section 4.1). We debit the amount from your pending or available balance; where that is not enough, we set it off against future credits or reclaim it (Terms section 5.7).
- On a goodwill refund under Terms section 6.3 you bear the full gross amount; the platform commission stands (the details and the exceptions are in Creator Earnings sections 4.2 and 4.5).
- We bear refunds that stem from purely technical platform errors, and the pro-rata refund to fans where we ban your account permanently; in the latter case our claim to recover amounts connected with the breach under section 12.4 is unaffected.
- On a refund you initiate you lose the whole 80 % share; the platform commission stands where the payment was processed technically.
- On a refund you cause — where you lower the price of an offer, or make paid media free, although fans bought it at a higher price in the last 30 days, and you confirm the warning shown to you — you bear the full gross difference plus the refund fee; the platform commission stands. Your confirmation is logged and counts as your agreement. The details are in Creator Earnings section 4.4.
- The chargeback rate. Where chargebacks and disputes exceed 1.0 % of your turnover over a rolling 30-day period, we warn you; from 1.5 % we may impose an extended hold period (section 7.1), examine your offers and — where it continues despite the warning — restrict or close your account (section 12.3). We charge no handling fee per dispute.
6.4 Promotional rates and changes to the commission
Copy link to “6.4 Promotional rates and changes to the commission”We may offer promotional rates for a limited time; the rate, the conditions and the duration are published on the platform and apply in addition to these terms, never to your detriment. A change to the standard commission or to any other rule on remuneration happens only under section 14 (announcement, notice period, right to terminate) and never retrospectively for transactions already settled.
6.5 Referral commission
Copy link to “6.5 Referral commission”Where you refer new creators through your personal referral link, you receive 5% of the commission base (fans’ payments to the person referred, excluding VAT, before our platform commission is deducted — Referral section 1) for 12 months from the moment the commission is unlocked, capped at USD 50,000 per creator referred. The commission arises only once the person referred has earned EUR 100 and you have passed the identity check (Referral sections 2.1 and 3). It is paid out of our own share, does not reduce the remuneration of the person referred, carries no further platform commission, has a hold period of 21 days, and is reversed on fraud, abuse, a chargeback or a refund. Complying with the advertising law of your country is your responsibility (disclosure, no unfair approaches). The details are in Terms section 10 and in Referral, which prevails in the event of a conflict.
7 Payouts
Copy link to “7 Payouts”Payouts are governed in detail by Creator Earnings. In summary:
7.1 The hold period
Copy link to “7.1 The hold period”Your remuneration moves from “pending” to “available” on a rolling 7-day cycle (revenue earned on the 1st is available on the 8th). Exception: revenue from fans whose account is unverified, or whose source of payment is unknown, becomes available only after 30 days (risk-based chargeback protection; the details are in Creator Earnings section 3). Referral commission: 21 days.
An additional hold period based on suspicion can be imposed where:
- your account’s chargeback rate exceeds 1.5 % over a rolling 30-day period
- a request for information from an authority, or a hit on a sanctions list, concerns your account
- there are well-founded grounds to suspect an AUP breach, fraud or money laundering
- there are KYC anomalies (re-verification outstanding) or co-performers’ consents are outstanding
- an attachment, assignment or other third-party right over your balance is asserted (section 7.8)
Where we impose a hold period based on suspicion we tell you, with reasons (section 12.5).
7.2 Minimum amounts and fees
Copy link to “7.2 Minimum amounts and fees”| Payout amount | Payout fee |
|---|---|
| USD 20 to under USD 50 | 15 % of the amount paid out |
| from USD 50 | free |
At most one payout per rolling 7-day period; you become entitled to payouts once stage 2 KYC is complete and you have at least 5 published items of media (Creator Earnings section 6). The fee is shown to you before you confirm.
7.3 Payout methods
Copy link to “7.3 Payout methods”- Bank transfer (SEPA) to an account in your own name (currently within the EU and SEPA area). New or changed bank details take effect only after a waiting period of 7 days, to protect against account takeover.
- Cryptocurrency (stablecoin) through our crypto payment provider to a wallet address you have entered and confirmed, where offered. Payment is made in the US-dollar-pegged stablecoin in which we hold crypto payments; you bear the network fees, which are shown to you before you confirm; payouts run weekly as a batch; and a wrong address is at your own risk (Creator Earnings section 5).
- Further methods (further payment service providers, a second crypto provider) are planned for later phases. Beyond your bank details and wallet address we store no payout credentials.
7.4 How often payouts happen, and how they are processed
Copy link to “7.4 How often payouts happen, and how they are processed”On your own request through the creator dashboard, with a fresh confirmation of your identity; we do not offer automatic payouts at present. We aim to hand approved payouts to the payment service provider within 5 working days; delays caused by checks, banks or providers are possible. Payouts above USD 1,000 are inspected manually (within 72 hours at most).
7.5 Payout statements and accounting
Copy link to “7.5 Payout statements and accounting”With every payout you receive a detailed statement showing gross revenue by source, VAT, the platform commission, chargebacks and refunds, set-offs, the net payout and the hold status of any outstanding amounts. Your statement of account shows every transaction with the fee policy applied to it. We account monthly by self-billing: where you have given us a valid VAT identification number, the self-billed invoice records that liability for the tax passes to us (the reverse charge procedure); otherwise no VAT is shown. Making sure your details lead to the right tax treatment is your responsibility.
7.6 Discrepancies
Copy link to “7.6 Discrepancies”Please check your credits and payouts regularly and report discrepancies within 30 days if you can, through “Report a payment problem” or to billing@desioart.com; the sooner you tell us, the better we can reconstruct what happened. Your statutory rights are unaffected.
7.7 Dormant balances
Copy link to “7.7 Dormant balances”If you do not draw an available balance for twelve months and show no account activity, we warn you by email naming a specific date; after a further 30 days without a payout request or a sign-in, the balance lapses (Terms section 11.4, Creator Earnings section 10).
7.8 Third-party rights over your balance
Copy link to “7.8 Third-party rights over your balance”Where an attachment, an assignment, insolvency proceedings or any other third-party right over your balance is notified to us, we may hold payouts back until the matter is clear and, where the law obliges us, pay the person entitled; we take on no continuing duty to pay your creditors.
8 Storage, uploads and technical limits
Copy link to “8 Storage, uploads and technical limits”8.1 Storage
Copy link to “8.1 Storage”We charge no fee for storing your content and set no fixed overall allowance; there are no paid storage tiers. Where use is plainly abusive — using the platform as pure cloud storage without publishing — we reserve the right to set limits after telling you first.
8.2 Technical limits per upload
Copy link to “8.2 Technical limits per upload”| Medium | Limit |
|---|---|
| Video | up to 10 GiB and 4 hours per file; delivered up to 1080p (the original stays stored) |
| Audio and voice notes | up to 500 MiB and 3 hours; vault voice notes up to 20 MB or 5 minutes |
| Images | up to 50 megapixels, aspect ratio up to 5:1, shortest edge at least 160 px; HEIC is converted and metadata (EXIF) removed |
| Intro video | up to 30 seconds, suitable for all audiences (section 5.5) |
| Promotional cover | portrait 2:3, suitable for all audiences (section 5.5) |
| Uploads per 24 hours | 200 files; posts per batch: 10 |
We may adjust these limits for technical or security reasons, and we announce any tightening beforehand.
8.3 Processing on upload
Copy link to “8.3 Processing on upload”Before publication every file goes through automatic checks (file type, malware, metadata removal, matching against databases of known abuse material and against content already removed, transcoding, watermarking; Terms sections 3.4 and 8.1). Files whose checks cannot be completed stay held back; files that produce a match are refused without details being given (Moderation). Backing up your original files is your own responsibility.
8.4 Deletion of data
Copy link to “8.4 Deletion of data”When your account closes, your content is deleted following the process described in Terms section 11.1, and backup copies are overwritten within 12 months. Records we are obliged to keep by law (KYC and 2257 records, tax documents, preserved evidence) stay stored, locked, for the statutory period (Privacy section 7, 2257 Statement).
9 Content, licences, co-performers and protection
Copy link to “9 Content, licences, co-performers and protection”9.1 Ownership
Copy link to “9.1 Ownership”You keep every copyright and every other proprietary right in your content. We acquire no ownership rights.
9.2 The licence you grant the platform
Copy link to “9.2 The licence you grant the platform”By uploading an item of content you grant us the non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence described in Terms section 8.1. It covers storage (backup copies included), technical processing for delivery (transcoding, thumbnails, blurred placeholders, a watermark bearing your username, redactions you make yourself), display to fans who are entitled to it including the grant of access licences to them, promotion within the platform using your public (SFW) media, cross-posting that you initiate (a neutral teaser card), and review, preservation of evidence and disclosure where the law requires it.
You can switch off the use of your previews in marketing emails and newsletters at any time in your settings (“opt out of featured marketing”); showing your public profile media in search, discovery and recommendations is part of the service and is unaffected, so long as your profile is set to be discoverable. We do not sell or licence your content to third parties for their own purposes, and we do not use it to train AI models.
9.3 When the licence ends
Copy link to “9.3 When the licence ends”- The licence ends 90 days after the item of content, or your account, is deleted.
- Where backup copies, mandatory retention obligations or the preservation of evidence require longer storage, the licence continues for that period — but for that purpose alone, not for further distribution (Terms section 8.1).
9.4 Co-performers, co-creators and consent
Copy link to “9.4 Co-performers, co-creators and consent”The principle. Anyone other than you who is visible or audible in your content must, before publication, be of full age, be verified, and have consented through the platform’s consent system. That applies equally to posts, media links, broadcasts and message attachments.
How it works.
- Declaration for each item. On upload you state for every file who appears in it: only you, a co-performer or co-creator (named and attributed), or an uninvolved person in the background. Detection of several faces runs solely on your own device and points out declarations you have missed; we store only the number, never facial data.
- Verification of the person. For content suitable for all audiences their age verification (stage 1) is enough; for adult content their identity check (stage 2) is required. People without an account you invite by an invitation link, valid for 48 hours, and they receive a co-performer account (Terms section 2.8).
- Consent (release). For the particular item, the person confirms their informed agreement to the recording and publication, to the processing of their verification data for 18 U.S.C. § 2257, and to the processing of their special categories of personal data (Article 9 GDPR). The consent is logged with the time, the version of the text and technical details, and stays stored as evidence even after the content is deleted.
- General consent. A person can, if they choose to (opt-in, never preset), give you general consent for future content at each content level; they are told about every publication relying on it, and can withdraw it for the future at any time (Co-Performers section 4.3).
- Release. Without complete consents the item stays locked as a draft; for videos we additionally store the time windows in which each person is visible (the 2257 record).
Withdrawal. Anyone depicted can withdraw their consent for the future at any time. The content concerned then goes offline at once, fans who bought it lose access (Terms section 8.4), and you have no claim for the earnings you lose. Only the person themselves can release it again; and where the withdrawal is connected with a report of coercion, of a minor or of non-consensual recording, release again is blocked until we have looked into it.
Uninvolved people. People who appear only incidentally in the background of content suitable for all audiences you can, instead of obtaining consent, irreversibly obscure with the redaction tool; in doing so you confirm that the person is no longer recognisable, and you are answerable for that being correct. This is not permissible for adult content or for attributed co-performers (Co-Performers section 6).
Remuneration and responsibility. We credit the remuneration for an item of content to the uploading creator alone. Agreements on splitting it between you and co-performers or co-creators are a private matter for you; we neither administer, check nor enforce them, and we take no part in disputes about them. Claims arising from jointly created content are to be directed at the uploading creator or the people depicted, not at us. Clearing joint copyright with those taking part is your responsibility. We may at any time ask for proof of the identity and consent of everyone depicted; where it is missing we remove the content, retain the remuneration and may restrict your account.
No shared accounts. A creator account belongs to exactly one natural person. Couples and groups work either through one account, with the others as co-performers, or through several accounts attributed to one another as co-creators (section 11.2).
The details and model consents are in Co-Performers and 2257 Statement section 5.
9.5 Your warranties
Copy link to “9.5 Your warranties”You warrant to us that:
- you hold every necessary copyright, trade mark, personality and other right in your content, or have licences covering them — for music, third-party material and brands appearing in your content as well
- everyone appearing in your content is of full age, verified and consenting (section 9.4)
- your content breaches no law and no third-party right, and avoids every zero-tolerance topic listed in Acceptable Use section 2
- your content is declared correctly (content level, people, AI labelling) and is as you describe it (section 5.6)
- you upload no content that we, or another platform, have already removed for a legal breach
If you breach these warranties, you indemnify us against every third-party claim arising from it and compensate us for the loss we suffer — so far as the law allows (section 13).
9.6 A note on recycling content
Copy link to “9.6 A note on recycling content”You are free to offer your content on other platforms at the same time (see section 4.2). We nonetheless suggest keeping high-quality premium content exclusive to this platform, to protect what a subscription to you is worth — a suggestion, not an obligation.
9.7 How we protect your content
Copy link to “9.7 How we protect your content”To protect your content we use: access controls and short-lived signed retrieval links; a visible watermark bearing your username on videos; access logging per playback (90 days, pseudonymised) to narrow down leaks; download and right-click blocks in the player; and a DMCA procedure with which we pursue copies on third-party sites when you tell us about them (DMCA; you can instruct us to report in your name — Terms section 8.1). These measures make misuse harder but cannot rule it out; we do not guarantee that content will not be copied or passed on, and we are liable for that only under Terms section 12. Invisible watermarks unique to each viewer are planned for a later phase.
9.8 Cross-posting and external channels
Copy link to “9.8 Cross-posting and external channels”You can connect accounts with third-party services (currently Bluesky, Telegram, Discord, Mastodon, Reddit and X) and have posts announced there automatically. In that case: we store those services’ credentials and tokens encrypted and for that purpose alone; for posts classified as adult, never the content itself is published but only a neutral teaser card suitable for all audiences, bearing your username and a link; posts suitable for all audiences are shared with your caption. Keeping to each third-party service’s own rules is your responsibility. Paid interfaces (currently X) are shown to you with their cost before you switch them on and are set off against your balance; without enough balance, nothing is published.
10 Your compliance obligations
Copy link to “10 Your compliance obligations”10.1 Keeping KYC current
Copy link to “10.1 Keeping KYC current”- You keep the identity, address and tax data held by our verification provider up to date.
- Where you are asked to verify again (at the latest every 36 months, annually where the risk is higher, and whenever there is reason to — your identity document expiring, grounds for suspicion, a change in the law; see Age Verification section 5), you do so on time; until then the features affected (adult uploads, payouts) may be suspended.
- You tell us without delay when you move, change banks or change your name.
10.2 The 2257 confirmation on every upload
Copy link to “10.2 The 2257 confirmation on every upload”On every upload that engages 2257 (every adult content level) you confirm:
- “I appear in this content myself and/or everyone appearing in this content is a verified co-performer with documented consent.”
- “Everyone appearing in this content was of full age on the date of recording.”
The confirmation is logged with the version of the text and the time. The details are in 2257 Statement section 5.
10.3 Tax compliance
Copy link to “10.3 Tax compliance”- You declare your platform earnings properly to the tax authorities responsible for you, and you assure us of that with every payout request.
- You make sure your tax identification number and, where you have one, your VAT ID are entered correctly in your account.
- For DAC7 reporting (EU), US 1099 reporting and enquiries from tax authorities, you co-operate with our requests to verify data.
- Where a tax authority questions us about your account, or you are named in tax proceedings connected with the platform, we may hold payouts back until the matter is clear and — where non-compliance is established — close your account.
10.4 Anti-money-laundering (AML) and sanctions
Copy link to “10.4 Anti-money-laundering (AML) and sanctions”We carry out due diligence before payouts and screen you continuously (weekly) against the EU, OFAC and UK sanctions lists. Enhanced due diligence — with questions about the source of funds and, where needed, further evidence — is triggered by earnings above EUR 10,000 a month or single payouts above EUR 5,000 (in each case in the USD equivalent), by PEP status, or by unusual patterns. We reserve the right to retain payouts or suspend the account where we suspect money laundering, structuring or card abuse, where there is a hit on a sanctions list, and where the Cypriot financial intelligence unit MOKAS or another FIU asks us to. The details are in Creator Earnings section 7.
10.5 Geoblocking
Copy link to “10.5 Geoblocking”You can configure geoblocking of your own in the creator dashboard, shutting out access to your content from particular countries. This comes on top of the platform-wide geoblocking (see Age Verification section 7), which you cannot lift.
10.6 Protection against exploitation
Copy link to “10.6 Protection against exploitation”You confirm that you and every co-performer take part in content voluntarily and free of coercion, deception or dependency, and that you control your own remuneration. We co-operate with reporting bodies and authorities where trafficking or exploitation is suspected, and we may refuse payouts to an account that is not in your name (Anti-Slavery). Co-performers can come to us directly and without your knowledge at any time (trafficking@desioart.com).
10.7 Handling fan data
Copy link to “10.7 Handling fan data”The platform shows you personal data about your fans (username, subscription status, spending, country of origin, activity) for one purpose alone: so that you can look after your fans within the platform. You undertake:
- to use fan data only for the platform’s own features, and to use exports only for your own bookkeeping or tax records;
- not to pass fan data to third parties, not to publish it, not to combine it with other data sources, and not to contact fans away from the platform unless the fan gave you their contact details away from the platform for that purpose themselves;
- to keep private notes about fans factual (a fan can see them when exercising their right of access);
- to report a security incident involving fan data to privacy@desioart.com without delay.
So far as you process fan data beyond the platform, you are a controller in your own right within the meaning of the GDPR.
11 Kinds of creator
Copy link to “11 Kinds of creator”11.1 Solo creators
Copy link to “11.1 Solo creators”The standard model. One natural person runs a creator account and either appears in the content themselves or works with verified, consenting co-performers.
11.2 Several people working together (couples, groups, co-creators)
Copy link to “11.2 Several people working together (couples, groups, co-creators)”There are no shared accounts. Couples and groups work either
- through one creator account, with the other people verified as co-performers and consenting for each item (or in general, section 9.4); remuneration and the contractual relationship exist only with the account holder; or
- through several creator accounts that attribute one another as co-creators, each account receiving the remuneration for the content it uploaded.
Agreements about splitting earnings are a private matter for those involved (section 9.4). Anyone can withdraw their consent for the future at any time.
11.3 AI creators (run by a human being)
Copy link to “11.3 AI creators (run by a human being)”You can offer content produced wholly or mainly with artificial intelligence (an “AI persona”). This requires that:
- the natural person behind the account is verified as a creator (section 2) and chose the “AI creator” type on activation (which cannot be changed);
- your profile shows permanently that the persona depicted is not real, and every item of content is marked as AI-generated (a visible label and machine-readable marking under Article 50 of the AI Act, Regulation (EU) 2024/1689);
- AI content reproduces no real person without their documented consent (no deepfakes) and contains no depiction that reads as a minor — not in stylised form either (anime, cartoon); we treat such depictions as we treat real abuse material (Acceptable Use section 4);
- where you or another real person appear in AI-altered content, section 9.4 and the 2257 obligations apply without qualification;
- you are responsible for the rights in the models, training data and tools you use.
11.4 AI personas we operate ourselves (transparency)
Copy link to “11.4 AI personas we operate ourselves (transparency)”We run AI personas of our own on the platform, as creator accounts (Terms section 4.7). They are not governed by these terms; we answer for them ourselves. In fairness to you the following applies (Article 7 of Regulation (EU) 2019/1150):
- AI personas are labelled as AI and as operated by the platform, and their earnings go entirely to us.
- They receive no preferential placement in search, discovery, recommendations or deals, and they take no part in the referral programme.
- In deciding which AI personas to create, we use nothing but aggregated, anonymised demand statistics from the platform (search terms, categories, price brackets by country; minimum group size 10), never your individual content, your fan lists or your turnover.
- Human creators keep sole control over their own AI settings; our staff change AI settings only on the company’s own personas.
12 Suspension and termination of the account
Copy link to “12 Suspension and termination of the account”12.1 Ordinary termination by you
Copy link to “12.1 Ordinary termination by you”You can end your creator relationship at any time, without giving reasons, through your account settings. The consequences:
- New subscriptions and purchases become impossible; running paid subscriptions continue to the end of the period paid for, and your account stays open as “winding down” until then.
- Remuneration already earned is paid to the bank details on file once the hold period expires; a remainder below the payout minimum is paid on request, less the fee.
- After that, the deletion process under Terms section 11.1 begins; KYC and 2257 records stay stored for the statutory period (records under 18 U.S.C. § 2257: 7 years; identity and anti-money-laundering data: 5 years after the contract ends).
- Your consents as a co-performer in other people’s content remain in force until you withdraw them.
- Your obligations from transactions before termination (chargebacks, refunds, co-operation on tax) remain in force.
12.2 Ordinary termination by us
Copy link to “12.2 Ordinary termination by us”We can terminate the creator relationship on 30 days’ notice, provided there is no ground for immediate suspension (section 12.3). We give you the reasons on a durable medium, and you get time to draw down outstanding remuneration and to secure your content (a data export). The notice period falls away only where a legal obligation requires it, where a compelling ground exists under the law of Cyprus, or where you have breached these terms repeatedly.
12.3 Immediate suspension
Copy link to “12.3 Immediate suspension”We can suspend your account immediately and without warning for:
- a breach of Acceptable Use section 2 (zero tolerance: minors, NCII, hate speech, violence, animals, illegal activity, identity theft, incest themes, deepfakes without consent, trafficking)
- a breach of 2257 or of section 9.4 (content without verified, consenting people)
- payments or delivery away from the platform (section 5.2)
- KYC anomalies, or false statements in verification, tax or banking details
- suspected money laundering, a sanctions hit, or referral or payment fraud
- a chargeback rate above 1.5 % over a rolling 30-day period despite a warning
- an order from an authority
- repeated or accumulated AUP breaches under the warning system (Acceptable Use section 9); time-limited suspensions (24 hours, 7 days, 30 days) end automatically
- any other compelling ground making it unreasonable for us to continue the business relationship (section 314 BGB applied by analogy)
We impose a permanent ban only under the four-eyes principle. While we are examining a suspicion we may restrict your account provisionally, halt payouts and suspend running payments from fans.
12.4 The consequences of a suspension
Copy link to “12.4 The consequences of a suspension”Access to the account. Suspension ends your active features (publishing, messaging, earning, changing payment details), and your content becomes invisible to fans. You keep limited read-only access, so that you can see the ground for the suspension, your appeal, your data export (Article 20 GDPR) and the final payout. Access can be closed off completely only where a criminal matter or an order from an authority is involved, in which case you appeal by email to appeals@desioart.com. During a time-limited suspension, fans’ subscriptions continue and your balance stays frozen; if the suspension is lifted, your content and balance are restored.
Remuneration earned. Outstanding payouts are frozen at first. After that, and graded by seriousness (see Terms section 11.4 and Creator Earnings section 10):
- Amounts connected with the breach (revenue from the content or conduct complained of, and chargeback, refund and fraud amounts) are retained and, where appropriate, refunded to the fans who lost out; where such amounts have already been paid out we reclaim them as a debt (Terms section 5.7).
- The remaining balance, where nothing is complained of, is paid out in non-criminal suspensions after an extended protection period of 30 days, less any outstanding claims and — for amounts under USD 50 — the fee under section 7.2. There is no blanket forfeiture; every retention is reviewed under the four-eyes principle, reasoned, and open to challenge.
- Where criminal law, money laundering or a sanctions hit is involved, amounts are retained until the matter is clear; proceeds of unlawful acts are not paid out and may be confiscated by the authorities.
- On a permanent ban every fan subscription ends at once; we bear the pro-rata refund to fans (section 6.3) and reclaim the amounts connected with the breach from you.
- A balance you do not draw down can lapse after 12 months plus a further 30 days (section 7.7).
Content and data. Content in permanently banned accounts we delete for good once the time for appealing has passed, so far as the preservation of evidence or a statutory retention duty does not prevent it; 2257 records and KYC data are kept for the statutory period (Privacy section 7). To prevent circumvention we store hashed identifiers (IP, device, bank details) beyond that deletion (Terms section 11.6).
12.5 Reasons, appeal and complaint
Copy link to “12.5 Reasons, appeal and complaint”Every restriction, suspension and termination, and every retention, is notified to you with reasons (the facts, the rule breached, whether automated means were involved, and the remedy open to you; Terms section 11.7 — with exceptions for child protection and investigations). You can appeal free of charge for at least six months (Appeals; examined by someone not involved, and under the four-eyes principle for permanent bans) and complain about our conduct (Complaints). The certified out-of-court dispute settlement bodies under Article 21 DSA are open to you as well.
13 Liability
Copy link to “13 Liability”13.1 Your indemnity
Copy link to “13.1 Your indemnity”You indemnify the platform against the following third-party claims, so far as they arise from content you uploaded, from a breach of your warranties (section 9.5), from your helpers’ acts (section 4.7) or from compliance breaches:
- infringements of copyright and trade mark rights
- infringements of personality rights (NCII, doxxing, deepfakes, missing consents)
- 2257 compliance breaches
- tax compliance breaches relating to your earnings
- breaches of advertising and labelling law (section 16)
13.2 Limits
Copy link to “13.2 Limits”This duty to indemnify does not apply so far as the claim rests on intention or gross negligence on the platform’s own part, and otherwise only so far as the breach is your responsibility. For the accuracy of your warranties under section 9.5, however, you answer regardless of fault: where one of those assurances turns out to be untrue, you bear the loss arising and indemnify us against third-party claims.
13.3 Our liability to you
Copy link to “13.3 Our liability to you”Our liability to you is governed by Terms section 12; as a business user you are subject to the liability cap in Terms section 12.3 (the commission retained over the last twelve months, and at least USD 1,000) and to the exclusion of indirect loss. We give no assurance about earnings, reach or placement; anything in our onboarding material about possible increases in earnings is non-binding experience, not a promise.
14 Updates to these creator terms
Copy link to “14 Updates to these creator terms”We can adapt these creator terms for the reasons named in Terms section 14. We announce changes to you on a durable medium (email) and in your account — for substantial changes (to the commission model, the hold period, payout arrangements, the scope of the licence, ranking principles or compliance obligations) at least 30 days beforehand, and in every other case at least 15 days beforehand (Article 3(2) of Regulation (EU) 2019/1150). A shorter period is permissible only where a legal obligation requires it, or where an unforeseen and immediate danger must be averted (fraud, malware, a security risk).
Within the notice period you can end the creator relationship with immediate effect. Changes do not apply retrospectively to transactions already settled. For substantial changes we ask you to confirm expressly at your next sign-in; where you waive the notice period — by agreeing actively, or by posting new content after being told clearly —, the change applies from the moment you agree. Every version is at legal.desioart.com/changelog.
15 Your rights as a business user (Regulation (EU) 2019/1150)
Copy link to “15 Your rights as a business user (Regulation (EU) 2019/1150)”The platform-to-business regulation applies to creators established or resident in the EU or the United Kingdom. We meet it as follows (the details are in P2B Terms):
| Requirement | Where it is dealt with |
|---|---|
| Clear, intelligible terms; grounds for restriction, suspension and termination (Article 3) | section 12, Acceptable Use section 9, Moderation |
| Additional distribution channels and affiliate programmes through which we market what you offer (Article 3(1)(c)) | discovery, recommendations and newsletters (Terms section 8.1), cross-posting (section 9.8), the referral programme (section 6.5) |
| Effects on your intellectual property rights (Article 3(1)(d)) | sections 9.1 to 9.3, Terms section 8 |
| Reasons on restriction and suspension; 30 days’ notice plus reasons on termination (Article 4) | sections 12.2 and 12.5 |
| The main ranking parameters, and whether paid placement is possible (Article 5) | Terms section 3.5 (no paid placement) |
| Ancillary services we offer fans (Article 6) | none (AI tools and marketing tools are free for creators; third-party cross-posting costs are in section 9.8) |
| Differentiated treatment of our own offerings (Article 7) | section 11.4 (AI personas) |
| No retrospective changes; a right to terminate; access to data after the contract ends (Article 8) | section 14, section 12.1, Terms section 11.1 (a data export during the deletion process) |
| Access to data (Article 9): what you receive (your own statistics, fan data under section 10.7, exports), what we use (aggregated platform statistics, transaction and security data), what third parties receive (payment service providers, tax authorities; nothing passed on for advertising) | section 5.1, section 10.7, Privacy |
| No most-favoured-nation clause (Article 10) | section 4.2 — you may offer anywhere, on any terms |
| An internal complaint-handling system and mediation (Articles 11 and 12) | Complaints; as a small enterprise we are not obliged to provide these and offer the complaints procedure and mediation voluntarily. As mediators we name the P2B panel of the Centre for Effective Dispute Resolution (CEDR, London) and mediators registered with the Cypriot Ministry of Justice (P2B Terms section 8) |
16 Advertising and promotion
Copy link to “16 Advertising and promotion”Promoting your own profile away from the platform, third-party advertising on the platform (sponsorship, product placement, affiliate links, prize draws, recruitment advertisements) and the labelling of advertising are governed by the advertising and promotion policy (Advertising). It forms part of these terms; breaches we deal with under section 12 and Acceptable Use section 9.
17 Interfaces and third-party apps
Copy link to “17 Interfaces and third-party apps”You can give approved third-party applications access to your account through our interface (API); in doing so you see and confirm each individual permission, and you can revoke an approval at any time. What such apps do counts as what you do; for apps that process fan data, section 10.7 applies towards the app provider as well. Everything else — registering apps, permissions, data protection roles, security requirements and usage limits — is governed by the API access and use terms (API Terms).
18 Contact for creators
Copy link to “18 Contact for creators”| Matter | Channel |
|---|---|
| General enquiries | support@desioart.com · creator matters: creators@desioart.com |
| Payouts, earnings, payment problems | billing@desioart.com · the “Report a payment problem” feature |
| Compliance and KYC | compliance@desioart.com |
| 2257 Records Custodian | records-custodian@desioart.com |
| Tax reporting (DAC7, 1099) | billing@desioart.com |
| Data protection | privacy@desioart.com · dpo@desioart.com |
| Complaints | complaints@desioart.com |
| Appeals against a ban or a retention | appeals@desioart.com and Appeals |
| Co-performers, consents, exploitation | trafficking@desioart.com (confidential, and open to co-performers without the creator knowing) |
| Infringements of copyright in your content | dmca@desioart.com |
Postal address: 1 Apriliou 52, 7600 Athienou, Larnaca, Cyprus