Terms of Service
Preamble
Copy link to “Preamble”Welcome to desioart (“the platform”). The platform is an international digital subscription service for adult content (18+). It is operated by DAAR GLOBAL LIMITED (“we”, “us”, “our”), a private company limited by shares under the laws of the Republic of Cyprus. Our full contact details are set out in section 20 and in the Legal Notice (see Legal Notice).
These terms govern the relationship between you and us. They apply together with the ancillary terms listed in section 19. Before you can use the platform, you must expressly accept these terms and the central ancillary terms. We record your acceptance together with the date and the version you accepted (see section 14).
1 Scope and definitions
Copy link to “1 Scope and definitions”1.1 Scope
Copy link to “1.1 Scope”These terms apply to every use of the platform — registration, viewing content, taking out subscriptions and making purchases, sending and receiving messages, using our application programming interface (API) and every other feature — whether you use the platform in a browser, as an installable web app (PWA) or through a third-party application we have approved.
1.2 Key terms
Copy link to “1.2 Key terms”| Term | Meaning |
|---|---|
| Platform | the web application operated by DAAR GLOBAL LIMITED at desioart.com (including its subdomains), together with its installable web app version (PWA) and its application programming interfaces (API) |
| User | any natural person who uses the platform (fan, creator or co-performer) |
| Fan | a user who views other users’ content, follows creators, takes out subscriptions, sends tips or buys paid content |
| Creator | a user who offers content on the platform after passing creator verification and receives payments from us for doing so |
| Co-performer | a person who appears in a creator’s content and consents to it being published on the platform; they may be a user in their own right or hold a co-performer account limited to that consent (section 2.8) |
| Follower | a fan who follows a creator free of charge without holding a subscription |
| Consumer | a user who uses the platform for purposes that are predominantly outside their trade, business or profession |
| Trader / business user | a user who uses the platform in the course of their trade, business or profession |
| Content | all material posted by users — photos, videos, audio, text, images, emoji, posts, comments, polls, messages, profile details and metadata — together with the software, designs and texts we provide |
| User content | content that a user uploads, publishes, sends or otherwise makes available through the platform |
| Subscription | a recurring subscription that a fan takes out with a creator and that renews automatically (including multi-month bundles and trial periods) |
| Tip | a voluntary one-off payment from a fan to a creator, with or without anything in return (tip menu) |
| PPV | pay-per-view — a one-off payment for access to a particular item of content (in the feed, in messages, in broadcasts or through a media link) |
| Media link | a shareable link created by a creator (desioart.com/{username}/pr-…) through which a particular media bundle can be bought without a subscription |
| Custom request | content that a fan asks a creator to produce individually |
| Broadcast | a message that a creator sends at the same time to a group of their fans chosen by them |
| Payment service provider | licensed third parties we engage to process fans’ payments and to make payouts to creators (one or more providers for card and regional payment methods, and a separate provider for cryptocurrencies) |
| AI creator / AI persona | a creator account whose content and communication are generated wholly or mainly by artificial intelligence, including AI personas that we operate ourselves (section 4.7) |
| Ancillary terms | the additional terms listed in section 19, which form part of these terms |
Where a provision lists cases that operate to your detriment — costs, suspensions, withholdings, exclusions of liability, indemnities, retention — the list is exhaustive. In every other provision a list is illustrative and does not limit the general meaning of what precedes it.
2 Formation of the contract and your account
Copy link to “2 Formation of the contract and your account”2.1 Registration
Copy link to “2.1 Registration”When you register, you make an offer to enter into a user agreement with us. The contract comes into existence when we accept that offer, which we do by activating your account once you have confirmed your email address. We may refuse to accept where an earlier suspension is still in force (section 11.6), where statutory requirements are not met, or where the details you gave at registration are incorrect. Some features — access to adult content, subscriptions and all purchases — only become available once you have completed age verification under section 2.2.
2.2 Minimum age, age verification and adult content
Copy link to “2.2 Minimum age, age verification and adult content”The platform may only be used by people aged 18 or over (or older, where the age of majority where you are is higher). By registering you confirm that you have reached that age, that using the platform is not unlawful where you are, and that you have not previously been excluded from the platform.
The platform contains sexually explicit adult content. You acknowledge this and access it voluntarily. Where, when and in whose presence you view content is your responsibility, and we are not answerable for any disadvantage you suffer as a result.
Telling us your age is not enough on its own. Before you can view adult content, send messages, take out a subscription or make a purchase, you must prove your age through our age verification provider (a procedure that meets the requirements of the German youth protection regime under the JMStV and the KJM). We receive only the outcome, the expiry date, the assurance level and the country — never copies of identity documents or selfies. Creators and co-performers additionally undergo identity verification with a separate provider (section 9 and Creator Terms). Signing in through a third-party login (section 2.7) does not replace age verification. Users who are not verified see only content suitable for all audiences, plus placeholders. Repeat checks, failed attempts and country-specific rules are set out in Age Verification.
2.3 Restrictions on access (geoblocking)
Copy link to “2.3 Restrictions on access (geoblocking)”The platform is unavailable or restricted in certain countries and regions — because the law of the country in question requires it, because of sanctions and embargo rules, or as a matter of our own compliance strategy (the list is in Age Verification section 7). In addition, each creator may specify further countries from which their profile and content cannot be accessed; no purchases can be made with that creator from those countries either. We do not forward payments from blocked regions to our payment service providers. Circumventing these restrictions by technical means is prohibited and may lead to your account being suspended.
2.4 Account details and your duties
Copy link to “2.4 Account details and your duties”You must give truthful and complete information when you register, keep it up to date, and keep your login details confidential. If you suspect that someone is using your account without authorisation, you must tell us at support@desioart.com without undue delay. Sign out after using the platform on someone else’s device or on a shared one.
2.5 Account rules
Copy link to “2.5 Account rules”When setting up and using your account, you may not:
- impersonate another person or use someone else’s proof of identity, age or payment;
- create or operate accounts by automated means (“bots”);
- pass on your password or otherwise give a third party access to your account;
- sell, rent, give away or otherwise transfer your account to a third party (section 18.2).
You are responsible for everything that happens through your account unless you can show that a third party acted without any fault on your part.
2.6 One account per person; linked accounts
Copy link to “2.6 One account per person; linked accounts”As a rule, each person may hold only one fan account. Creators whose identity has been verified may run several creator accounts under that one verified identity, using the “linked accounts” feature. Linked accounts share the verification, are known to us as belonging together, and may not follow, subscribe to, tip, buy from, message or refer one another (section 10). Multiple accounts that are not linked, accounts used to get around a suspension or a limit, and sock-puppet accounts are prohibited (Acceptable Use section 5.1).
2.7 Signing in and account security
Copy link to “2.7 Signing in and account security”You sign in with your email address and a password. In addition or instead, and where we offer them, you can use third-party logins and passkeys, and you can switch on two-factor authentication. For sensitive actions — changing your email address, password or bank details, requesting a payout or closing your account — we ask you to confirm your identity again. We may limit how many sessions are active at the same time, tell you when your account is used from a new device or country, and ask for additional confirmation where a sign-in looks risky. Which data we process in doing so is explained in Privacy. The optional discretion features — quick hide, app lock and neutral push notifications — are conveniences, not a guarantee of secrecy (section 12.7).
2.8 Co-performer accounts
Copy link to “2.8 Co-performer accounts”A creator can invite people who appear in their content, by means of an invitation link, to verify themselves and give their consent to publication. If the person accepts, a co-performer account is created for that purpose alone; these terms apply to it accordingly, so far as they can apply to an account that holds no content of its own and has no payment features. Co-performers may withdraw their consent for future publications at any time, and content already published is then taken offline (what that means for fans is set out in sections 8.4 and 12.6). The details are in the co-performer policy (Co-Performers) and in 2257 Statement.
3 What the platform provides
Copy link to “3 What the platform provides”3.1 How the contract works: an access licence, not payment intermediation
Copy link to “3.1 How the contract works: an access licence, not payment intermediation”The platform gives you the technical infrastructure through which you interact with other users, as a fan or as a creator. Our contractual model is a hybrid one:
- As a fan, every paid contract you enter into — subscription, PPV, media link, tip or custom request — is with us. You pay us, and we grant you an access licence limited in time and scope (section 8.3) to the content of the creator concerned, which we are able to grant because the creator has licensed that content to us (section 8.1). The creator does not receive your payment and cannot bring claims against you under your contract with us.
- As a creator, we engage you as an independent supplier (section 9) to make your content available, and we pay you in accordance with Creator Earnings.
We are not a payment service provider, not an electronic money institution and not an escrow agent. We do not pass payments between fans and creators, and we do not operate user wallets. Payments are processed by licensed payment service providers (section 5.2).
We are neither the author nor the publisher of the content creators post, and we do not review content editorially before it appears; responsibility for each post lies with the creator who published it. Independently of that, we run automated technical checks and human checks where there is a reason to (section 3.4), and we remove unlawful content once we know about it (notice and action, section 12.4).
3.2 Availability
Copy link to “3.2 Availability”The platform is available as a web application and as an installable web app (PWA). There is no native app in the app stores. We aim for the highest availability we reasonably can, but we do not guarantee that the platform will be reachable at all times. Maintenance, technical faults, security measures or events beyond our control can cause temporary outages; where we can, we announce planned maintenance in advance.
3.3 Languages and currencies
Copy link to “3.3 Languages and currencies”We offer the interface of the platform in several languages; our legal documents apply in English (section 17). Payments, prices and payouts are in US dollars (USD); display in other currencies may follow at a later stage. Conversion charges and foreign transaction fees charged by your bank or card issuer are yours to bear (section 5.2).
3.4 Content moderation tools (Article 14 DSA)
Copy link to “3.4 Content moderation tools (Article 14 DSA)”To comply with the law and with our own policies, we use the procedures below. The detail, the procedural rules and your rights are set out in Moderation:
- Automated checks on every upload: images and videos are matched against databases of known child sexual abuse material (a hash comparison through a specialist provider — checksums are transmitted, never the images themselves), matched against content already removed, scanned for malware, and stripped of metadata (EXIF). A match means the content is not published; where abuse material is involved, we report it to the competent authorities without further viewing (section 11.7).
- Checking public media: banners, intro videos, profile pictures and promotional covers — everything visible before anyone subscribes — are checked for suitability for all audiences before release, at present by our own team. Should we bring in an automated tool for it later, we announce that beforehand; the decision stays with a human being, and you can appeal.
- Human review prompted by reports (notice and action), by trusted flaggers, by requests from authorities, and by random sampling. Particularly severe decisions — a permanent ban, or withholding earnings — are taken by two people, never one.
- Private messages are not scanned automatically for what they say. They are reviewed only if someone involved reports them or if the law requires it (section 4.5).
Every decision that restricts your content or your account comes with reasons, including whether automated means were involved (section 11.7).
3.5 Recommender systems and the order of content (Article 27 DSA)
Copy link to “3.5 Recommender systems and the order of content (Article 27 DSA)”Some creators and content are shown to you in an order we determine. The main parameters are:
- The “subscriptions” feed: in chronological order of publication, for the creators you follow or subscribe to.
- “Trending” and “New”: an activity score built from interactions over the past hour to the past 30 days (subscriptions, likes, comments and purchases), weighted down as a post ages; new creators receive a starting boost for their first few weeks.
- “Suggested creators” and “Deals”: similarity of categories and tags to creators you follow, together with promotions currently running (discounts, trial periods).
- The “top creator” badge: an automatic monthly assessment of subscriber growth, interaction rate and how often the creator publishes (weighted 40%, 35% and 25%); the badge lasts 30 days.
- Youth protection and the law come first: visitors who have not verified their age see only creators and media checked as suitable for all audiences, and blocked regions, blocks you have set and your country settings always apply.
- No paid placement: creators cannot buy a better position in trending, in recommendations or in search.
You can influence the order by following or subscribing to creators, by hiding individual creators from your feed, and by adjusting your search and filter settings. We do not use special categories of personal data for recommendations unless you have expressly consented (Privacy).
3.6 Changing and discontinuing features
Copy link to “3.6 Changing and discontinuing features”We keep developing the platform and may change, add to, temporarily suspend or discontinue features where that is necessary or sensible for technical, security, legal or operational reasons. We give you reasonable notice of significant restrictions; your rights in respect of services you have already paid for (section 6.4) and your rights under section 14 are unaffected.
4 What you can buy and use
Copy link to “4 What you can buy and use”4.1 Subscriptions
Copy link to “4.1 Subscriptions”Price and term. Each creator sets a monthly subscription price (between USD 3.99–500). They may also offer multi-month bundles (3, 6 or 12 months at a discount of 5% to 50%, but never below an effective USD 3.99 per month), time-limited promotions and free trial periods of up to 30 days. A subscription month is 30 days from the time of payment. Multi-month bundles are paid in advance for the whole term.
Automatic renewal. Subscriptions renew automatically for the period you booked until you cancel. We take payment at the start of each period using the payment method you have stored. As a service we email you reminders before every renewal, normally 7 days and 1 day beforehand, stating the price, the renewal date and a cancellation link. These reminders are an extra service: cancelling in time remains your responsibility, and a reminder that fails to arrive does not entitle you to a refund. A subscription does not renew where (a) payment fails and the further attempts under section 5.8 are also unsuccessful, (b) the creator has raised the price and you have not agreed to the new one, (c) you have cancelled or paused the subscription, (d) your account or the creator’s account was closed or suspended before the new period began, or (e) your age verification has expired and you have not renewed it (Age Verification section 5.1).
Cancelling. You can cancel at any time with effect from the end of the current period — in your account, in no more than two clicks (the “cancel contracts here” or “cancel subscription” button), or without signing in, through the cancellation link in our emails (section 312k BGB). After cancelling you keep access until the period ends; there is no pro-rata refund for the remainder (section 6). Where the creator allows it, you can also pause a subscription and resume it later; while it is paused you are not charged and have no access.
Free trials. Where a creator offers a trial, we show you clearly when it ends and what will be charged automatically afterwards. You confirm the start expressly, by ticking a box and pressing a button labelled “start paid trial”. A trial started without a stored payment method ends automatically without any charge. Each user may take one trial per creator.
Price changes. If a creator changes the subscription price, the new price applies to you only once you have expressly agreed to it. Until then your subscription continues at the old price, or ends at the end of the period if you do not agree. Price reductions reach you automatically from the next period.
Personal to you; if a creator stops. Subscriptions are personal and cannot be transferred. If a creator’s account is permanently suspended, all subscriptions with that creator end immediately and we refund the unused part of the period you have already paid for (section 6.3). If a creator closes their own account, section 11.1 applies.
4.2 Tips
Copy link to “4.2 Tips”You can send creators voluntary one-off payments (“tips”) — as a quick tip (USD 1, 5, 10, 25, 50 or 100), a custom tip (USD 1 to 500), a tip goal (crowdfunding) or from a tip menu, where the creator has promised something specific in return. Tips are never a condition of using the platform. You cannot tip yourself or a linked account (section 2.6). Unless the creator has promised something specific in return through a tip menu, a tip is a voluntary payment and gives you no claim to anything in return.
4.3 Pay-per-view (PPV) and media links
Copy link to “4.3 Pay-per-view (PPV) and media links”PPV posts are locked items in a creator’s feed; PPV messages are locked items in direct messages or broadcasts. Either costs between USD 3 and 500, and a creator may charge for PPV content even where only subscribers can see it. The content unlocks once payment is confirmed and remains available to you through the platform for as long as the licence under section 8.4 lasts.
Media links are shareable links a creator creates (desioart.com/{username}/pr-…) that point to a media bundle which you can buy — once your age is verified — without a subscription, for between USD 3 and 500. Before buying you see only a blurred preview. A media link can be switched off at any time by the creator or by us; bundles you have already bought remain available to you under section 8.4.
4.4 Custom content requests
Copy link to “4.4 Custom content requests”As a fan you can ask a creator to produce content specifically for you. You propose what it should contain, a price between USD 5 and 500, and when you would like it. The creator can accept, decline or make a counter-proposal. On acceptance we take the agreed amount from your payment method and hold it earmarked for that request; it is credited to the creator only when the content is delivered. If the creator does not deliver within the agreed period, plus a reasonable extension, or if the request is declined or cancelled beforehand, we refund you in full. Requests that are not accepted lapse automatically once the period shown has run out. Delivery takes the form of a locked message, licensed to you under section 8.3.
4.5 Direct messages, broadcasts and automatic messages
Copy link to “4.5 Direct messages, broadcasts and automatic messages”Who can message whom. Messages are possible only between fans and creators; fans cannot message each other, and neither can creators. As a fan you can message a creator if you subscribe to them, if you have bought PPV content from them in the past 30 days, if a custom request is running, or if the creator allows messages from followers. Creators may also message you first, and you can block or mute any creator. Once a subscription ends the conversation stays readable, but new messages require a fresh basis.
Broadcasts. Creators can send messages — including paid content — to groups of their fans at the same time. You can unsubscribe from broadcasts creator by creator, and creators you have blocked cannot reach you at all.
Automatic messages. Creators can set up automatic messages for particular occasions. Such messages are only ever triggered by something you did first, and you can switch them off in your notification settings. Messages generated automatically or with artificial intelligence are labelled as such (section 4.7).
Confidentiality. Private messages are accessible to the people involved and, in our role as the operator, technically accessible to us, but they are not public. We do not scan the content of messages automatically. Our team looks at a message only where someone involved reports it, where the law obliges us, or where it is necessary to avert a specific danger; every such access is logged. There are two exceptions: (a) for media you send, a checksum is calculated to confirm that everyone shown has consented (section 2.8) — this is not an analysis of what the message says; and (b) messages to AI personas are processed by an AI system in order to generate the reply (section 4.7).
Protection against misuse. The volume and conduct rules in Acceptable Use (section 7.1) and Community apply. Harassment, spam, and offering or requesting services outside the platform are prohibited.
4.6 Free features
Copy link to “4.6 Free features”Creating an account, following creators, viewing public previews suitable for all audiences, commenting, liking, polls, collections and notifications are all free. Creators pay no basic fee for using the platform; we are paid through the commission under section 5.1. We charge nothing extra for storing content, though technical limits apply per file and per period (Creator Terms section 8).
4.7 AI features and AI creators
Copy link to “4.7 AI features and AI creators”Labelling. Content and messages generated wholly or partly with artificial intelligence are labelled as such on the platform. Creators who use AI tools must not remove or circumvent that label (Acceptable Use section 4).
AI tools for creators. Creators can have AI draft text for messages, descriptions and automatic replies. Such text is the creator’s own user content, and the creator remains responsible for it (section 9).
AI personas we operate. We run our own creator accounts whose content and communication are generated entirely by artificial intelligence (“AI personas”). An AI persona is clearly marked as AI on its profile and in every conversation; there is no real person behind it, and no personal relationship comes into being. If you subscribe to an AI persona, buy content from it or write to it, your contractual counterparty is us alone, and no payment goes to a third party. Your messages to an AI persona are processed by an AI system (a language model) to generate the reply; the detail, including the providers involved, is in Privacy. If the system detects signs of a personal crisis, the persona leaves the role play and points to sources of help. AI personas may not message you unprompted: you receive automatic messages from one only as a subscriber or after something you did, and you can unsubscribe from them (section 4.5). The same content rules, age limits and moderation procedures apply to AI personas as to every other creator, and AI-generated depictions that appear to show a minor are prohibited and treated exactly like real abuse material.
4.8 Third-party apps, interfaces and external links
Copy link to “4.8 Third-party apps, interfaces and external links”Third-party apps. We provide an application programming interface (API) through which approved third-party applications can access your data and features on your behalf, with your express consent (an OAuth authorisation that lists each permission separately). Such applications are also subject to their own provider’s terms. We review third-party apps only to a limited extent and are not responsible for how they behave, how secure they are or how they handle data. You can withdraw an authorisation at any time in your settings. Developers are bound by the API terms (API Terms). Software, scripts or browser extensions that have not been approved and that read, alter or control the platform automatically are prohibited (section 7.3).
External links and redirects. Creators can place links to external services on their profile and share previews of their posts on other platforms. External content is outside our control, and we take no responsibility for whether it is accurate, lawful or available. What happens away from the platform is neither arranged nor secured by us, and offering or agreeing paid services outside the platform is prohibited (Acceptable Use sections 5.2 and 6).
5 Prices, payment and commission
Copy link to “5 Prices, payment and commission”5.1 How commission works
Copy link to “5.1 How commission works”The platform keeps 20% of all of a creator’s income as its intermediation and service commission. The remaining 80% is credited to the creator. The basis is net revenue: the fan’s payment without VAT and after deduction of the payment service provider’s fee for the transaction (Creator Earnings section 2.2). Referral commission for creators they have introduced (section 10) is paid out of our share. Additional costs a creator causes — fees charged by paid third-party services when cross-posting, and network fees on crypto payouts — and the refunds and chargebacks they have to bear (section 5.7) are set off against their balance. The detail and any different commission rates for future add-on services are set out in Creator Earnings.
5.2 Payment by fans
Copy link to “5.2 Payment by fans”Prices and tax. The prices creators set are net prices. The applicable VAT follows the country where you habitually live (the EU one-stop-shop procedure) and is added at the time of purchase. We show you the total price including tax before you place your order, and we show the split between the net amount and tax during checkout and in the payment confirmation. We charge no surcharge for any particular payment method.
Payment methods and providers. Payments run through licensed payment service providers we engage: one or more for credit and debit cards and regional payment methods, and — where offered — one for cryptocurrencies (section 5.6). Your card details are collected solely by the payment service provider on its own secure pages and processed to the PCI DSS standard; we never store card details. Before a payment completes, the provider may show you additional terms that apply to that payment as well. We may change or add payment service providers, and we may decline payments to prevent fraud or to comply with sanctions; no payments are processed from blocked regions (section 2.3).
Charges and how they appear on your statement. By giving us a payment method you authorise us, or the payment service provider, to collect the amounts due in advance — for subscriptions, at the start of each period. The payment appears on your bank or card statement with a neutral descriptor that gives no indication of adult content; we show you the exact descriptor before your first payment and at any time in your payment overview. If you do not recognise a charge, please contact support@desioart.com first — we normally clear this up within one working day and save you a chargeback (section 5.4). Bank charges, overdraft charges and currency conversion fees charged by your bank or card issuer are yours to bear. We make invoices and payment confirmations available to you electronically in your account.
Queries. Please check your statements regularly and tell us about any discrepancy at support@desioart.com, ideally within 90 days, so that we can resolve it quickly; your statutory rights are unaffected by this.
VAT is covered in more detail in Creator Earnings section 2.3 and, for how we determine your location, in Privacy.
5.3 Payouts to creators
Copy link to “5.3 Payouts to creators”Payouts are made when a creator requests one, from their payable balance. They require completed identity verification (KYC level 2), stored and confirmed bank details — a change of bank details takes effect only after a waiting period of 7 days — and at least 5 published media items. Income is first held as “pending” for 7 days where the payment came from a verified fan, or 30 days where the source was unverified or unknown, and only becomes payable afterwards (Creator Earnings section 3). The following applies:
| Payout amount | Payout fee |
|---|---|
| USD 20 up to under USD 50 | 15 % of the amount paid out |
| USD 50 and above | free |
One payout per rolling 7-day period. The fee is shown to you before you confirm the payout. Payouts are made in USD; conversion and recipient charges levied by your bank are yours to bear. Eligibility, the holding cycle, the available methods including crypto payouts, and tax points are set out in Creator Earnings.
5.4 Chargebacks
Copy link to “5.4 Chargebacks”A chargeback through your bank is your legal right, and we neither threaten you with suspension nor put you at any other disadvantage for using it. All we ask is that you come to our support team first: duplicate charges, or charges with no order you can identify, are usually sorted out quickly and without fuss (section 6.3).
Once content has been delivered, our service has been performed and there is no longer any claim to repayment (section 6.3). A chargeback despite delivered content is abusive; in that case we reserve the right to suspend your account and to claim the loss we suffer. A repeated pattern (a rate above 1.5% over a rolling 30-day period) always counts as abusive. A chargeback extinguishes your access licence to the content concerned (section 8.4).
5.5 Spending limits
Copy link to “5.5 Spending limits”To protect you, purchases are subject to spending limits, set by default at USD 500 per 24 hours and USD 2,000 per calendar month. You can adjust these in your settings up to a ceiling of USD 5,000 per month; increases take effect after a waiting period of 24 hours, reductions immediately. Going above the ceiling is possible only after an enhanced check under our anti-money-laundering rules. We decline payments that would take you over a limit. Subscription renewals do not count towards the limits.
5.6 Paying with cryptocurrency
Copy link to “5.6 Paying with cryptocurrency”Where we offer it, you can pay in certain cryptocurrencies through our crypto payment service provider. The following then applies:
- You are taken to a payment page hosted by the provider showing the amount, the payment address and how long the quote is valid. You place the order, including the waiver under section 6, before you are taken there, while still on the platform.
- Network and service fees for the crypto payment are yours to bear and are shown to you before you are redirected. The service counts as paid only once the provider confirms that the full amount has arrived, and only then does the content unlock.
- Underpayments, however small, do not unlock anything. You can top up while the quote is still valid; otherwise we refund the amount received less network fees on request, or — at our option — unlock the service anyway. Overpayments of USD 0.50 or more are treated as a tip to the creator unless you ask for a refund within 14 days.
- Subscriptions can be paid in cryptocurrency only in advance for a fixed term; they do not renew automatically. We remind you before the term ends and you can renew manually.
- Incoming crypto amounts are converted by the provider immediately into a stablecoin pegged to the US dollar; the exchange rate risk until confirmation is yours. We do not hold cryptocurrency for you and we do not operate a crypto balance.
- Refunds on crypto payments, where they are due under section 6.3, are made manually, in stablecoin or in USD, to an address or payment method you tell us.
5.7 Recovery and set-off
Copy link to “5.7 Recovery and set-off”Where a fan’s payment is refunded, cancelled or charged back, we may reclaim the corresponding amount already credited or paid out to the creator. We set it off first against the creator’s balance, including future credits, and beyond that it falls due as a debt. The same applies to fees, costs and losses a user owes us under these terms. Amounts in other currencies are converted at the payment service provider’s rate on the day of set-off. You may set off against our claims only with counterclaims that are undisputed or have been established by a final court decision.
5.8 Failed payments
Copy link to “5.8 Failed payments”If payment for a subscription renewal fails, we try again over the following days (after 1, 3 and 5 days) and tell you. Where you have stored more than one payment method, we may use another. If payment ultimately fails to arrive, the subscription ends at the end of the period you have paid for and access to subscription content stops. Amounts still outstanding for services already provided remain payable, and until they are settled we may suspend the paid features of your account.
6 Immediate start, waiver of withdrawal, and your statutory rights
Copy link to “6 Immediate start, waiver of withdrawal, and your statutory rights”6.1 Immediate start
Copy link to “6.1 Immediate start”You request and expressly agree that the digital service — access to content, activation of a subscription, unlocking a PPV item or media link, delivery of a tip, or placing a custom request — begins immediately when the contract is concluded, that is, before the 14-day withdrawal period under Article 9 of the EU Consumer Rights Directive and section 312g BGB has run out.
6.2 Waiver of the right of withdrawal
Copy link to “6.2 Waiver of the right of withdrawal”You acknowledge that, by agreeing to that immediate start, you lose your right of withdrawal to the extent the law permits (Article 16(m) of the EU Consumer Rights Directive; section 356(5) BGB).
You give that agreement by ticking an express confirmation box during checkout, immediately before the order button. Depending on what you are buying, the order button is labelled unambiguously: “order now with obligation to pay”, “subscribe now with obligation to pay”, “unlock now with obligation to pay — [price]”, or “start paid trial”. You receive confirmation of the order and of your agreement by email, on a durable medium.
6.3 Refunds
Copy link to “6.3 Refunds”The general position. Because the service is provided immediately and digital content cannot be handed back, there is no right to a refund for subscriptions, tips, PPV content, media links or delivered custom requests simply because you did not like them or did not use them.
Statutory rights. Your statutory rights are unaffected.
Cases where we always refund. We refund the following without you having to ask:
- technical duplicate charges, and charges with no order behind them that you can identify (corrected automatically);
- the unused part of a paid subscription period where we permanently suspend the creator’s account (section 4.1);
- payments for custom requests that were declined, cancelled or not delivered in time (section 4.4);
- payments where we ourselves issue a refund in response to a payment dispute in order to avoid a chargeback.
As a gesture of goodwill. Beyond those cases we may refund individually as a gesture of goodwill. Goodwill refunds are voluntary and create no entitlement for the future. Refunds go back to the original payment method (for crypto, see section 5.6).
6.4 Statutory rights where a digital service is defective
Copy link to “6.4 Statutory rights where a digital service is defective”If you are a consumer habitually resident in the EU or the EEA, you have the statutory rights in respect of defects in the digital services we owe you (Directive (EU) 2019/770; in Germany, sections 327 et seq. BGB). The platform and access to the content you have bought must meet both what was agreed and what is objectively usual. During the contract period we provide the updates needed to keep the service in conformity and tell you about them. Where there is a defect you can require us to put it right and — if that fails, is unreasonable or is refused — end the contract or reduce the price; claims for damages are governed by section 12. What we owe is access to the content as the creator has made it available. How much there is, how often it appears, its artistic quality and whether it matches your expectations are not characteristics of our service (section 12.6) unless we or the creator promised something specific. These rights cannot be excluded to your disadvantage by standard terms, and a departure from the objective requirements applies only where you agreed to it separately and expressly before entering into the contract.
7 Your obligations and prohibited use
Copy link to “7 Your obligations and prohibited use”7.1 General obligations
Copy link to “7.1 General obligations”You must use the platform only within the law, these terms and the ancillary terms, and in line with:
- Acceptable Use (acceptable use policy)
- Community (community guidelines)
- Moderation (content moderation policy)
7.2 Prohibited content (short list)
Copy link to “7.2 Prohibited content (short list)”The following is strictly prohibited and leads to immediate suspension of your account:
- minors in any form, including depictions, role play or AI output that appears to show a minor
- non-consensual content (revenge porn, NCII, deepfakes of real people)
- depictions of violence, torture or killing
- animals in a sexual context
- trading in drugs or weapons, and offering or arranging paid sexual services away from the platform
- human trafficking, coercion and exploitation (Anti-Slavery)
- identity theft and doxxing
- hate speech (race, religion, sex, sexual orientation, disability)
- content whose performers have not passed KYC verification and consented
- content that does not comply with 18 U.S.C. § 2257
The full list, with explanations, is in Acceptable Use.
7.3 Technical misuse and circumvention
Copy link to “7.3 Technical misuse and circumvention”You must not:
- circumvent technical protection measures (access controls, geoblocking, age verification, watermarks, download blocks), or download, record — including by screen capture — copy, store or pass on content without authorisation;
- access, read or control the platform with bots, scrapers, scripts or other automated means, except through our official API within the limits of API Terms;
- circumvent or manipulate moderation, pricing, limit or access mechanisms;
- copy, modify, decompile or reverse engineer the platform or any part of it, or create derivative works from it, except where the law expressly permits this;
- introduce malware, overload the infrastructure or exploit security vulnerabilities (to report one responsibly: security@desioart.com);
- use the platform in breach of export, embargo or sanctions rules.
7.4 Indemnity
Copy link to “7.4 Indemnity”If you breach your obligations under sections 7.1 to 7.3 or section 7.5, you indemnify the platform against the resulting losses, justified third-party claims and reasonable costs of legal action, to the extent you are responsible for the breach.
7.5 Content you post
Copy link to “7.5 Content you post”This applies to every user, including fans who write comments, upload a profile picture or send messages:
- Responsibility. You alone are responsible for your user content, even where third parties (assistants, agencies) or AI tools help you create or manage it. Our contract is with you.
- Rights. You warrant that you hold all necessary rights, consents and releases — copyright, trade mark, personality and image rights of everyone recognisable — and that your user content complies with these terms and with the law.
- Public content is not confidential. Posts, comments, profile details and polls are visible to other users, with your username shown. Private messages are covered by section 4.5.
- Backups. Keeping your own original files safe is your responsibility; we owe you no archiving beyond the purpose of the contract.
- Disclosure. We disclose your identity and contact details to third parties only on a lawful order from an authority or a court or where the law obliges us. Private claims by third parties are handled under DMCA and Moderation, without revealing your data where there is no legal basis for doing so.
- Removal. We may review, block or remove user content where it breaches these terms, the ancillary terms or the law, or where we reasonably suspect that it does (sections 3.4 and 11.7).
8 Content licences, linking and use of our brand
Copy link to “8 Content licences, linking and use of our brand”8.1 The licence a creator grants to the platform
Copy link to “8.1 The licence a creator grants to the platform”By uploading content as a creator you grant us a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to use your content in order to operate the platform, namely to:
- store it on our servers and with our processors for object storage and media delivery, including backup copies;
- process it technically for delivery — transcoding into different resolutions and formats, generating thumbnails, blurred placeholders and waveforms, removing metadata, burning in a visible watermark with your username (
desioart.com/{username}), applying invisible markings to trace leaks, and any redactions you make yourself; - display, play back and stream it to users who are entitled to see it, including by granting fans the access licences under section 8.3 (a sub-licence);
- promote it within the platform — using your public media suitable for all audiences, and previews, in discovery, recommendations, notifications and newsletters. You can switch off use in marketing emails in your settings;
- share it on other platforms, but only where you ask us to (cross-posting). For posts classified as adult, only a neutral teaser card with your username and a link is published, never the content itself;
- review it and enforce the law — creating checksums (hashes) for comparison with databases of known abuse material and of content already removed, keeping moderation copies, preserving evidence, and handing material to authorities where the law requires it.
Duration. The licence ends 90 days after the content, or your account, is deleted. Beyond that we may keep copies for as long as (a) they form part of routine backups (at most 12 months, with no further use), (b) mandatory retention obligations require it, or (c) they are preserved as evidence of unlawful conduct (Moderation). Access licences that fans acquired before deletion end when the content is deleted (section 8.4).
No onward sale. We do not sell or license your content to other platforms, websites or third parties for their own purposes, and we do not train AI models on it. If our business is transferred, the licence may pass to the acquirer (section 18.2).
Enforcement on your behalf (optional). You may authorise us to submit takedown requests in your name against unauthorised copies of your content on third-party sites. We do not undertake to do so (DMCA).
8.2 Ownership
Copy link to “8.2 Ownership”You keep all ownership and copyright in your content. The licence under section 8.1 is a licence to use it and transfers no ownership to the platform. Your moral rights as an author are unaffected; you expressly permit us the technical processing described in section 8.1.
8.3 The licence a fan receives
Copy link to “8.3 The licence a fan receives”When you buy a subscription, PPV content, a media link or a custom request, we grant you as a fan — on the basis of the creator’s licence under section 8.1 — a strictly personal, non-transferable, non-sub-licensable and revocable licence to view the content in question for private, non-commercial purposes through the platform, in a browser or in the installed web app. Caching that is technically necessary is permitted. You must not download, record, store, reproduce, distribute or sell content, or make it available to third parties. No ownership, copyright or other protected right passes to you.
8.4 When a fan’s licence ends
Copy link to “8.4 When a fan’s licence ends”Your licence to an item of content ends without further notice where:
- the underlying payment fails or is cancelled, refunded or charged back;
- for subscriptions, the period you paid for ends without being renewed;
- your account is suspended, terminated or deleted;
- you breach section 7 or Acceptable Use;
- the creator deletes the content or their account is closed; or
- a person shown in the content withdraws their consent and the content is taken offline as a result (section 2.8), or we remove it for legal or moderation reasons.
The licence ending gives rise to a refund only in the cases set out in sections 6.3 and 6.4.
8.5 Linking, sharing and use of our brand
Copy link to “8.5 Linking, sharing and use of our brand”You may link to the platform, to your profile and to links the platform generates (profile links, QR codes, tracking links, trial links and media links), provided the link is lawful and not misleading, does not suggest a connection with us or endorsement by us, does not damage our reputation and is not aimed at minors. You may not embed or frame the platform within another website, use our brand, logos or design elements without written permission, register domains or social media handles containing our brand, or buy search engine or display advertising on our brand. The advertising rules for creators are in Advertising. We may change linking and sharing features at any time, or withdraw them where they are misused.
9 The creator relationship (overview)
Copy link to “9 The creator relationship (overview)”Creators are independent contractors, not employees, staff, commercial agents, joint venture partners or subcontractors in the social security sense. As a creator you:
- are free to set your own prices, content and working hours, and are not required to work exclusively with us;
- are responsible for your own tax and social security obligations;
- act in your own name and at your own risk.
You may have third parties (assistants or agencies) or the platform’s AI tools (section 4.7) help you manage your account and communicate with fans. Our contract remains with you alone: you are responsible for everything such helpers do, you must require them to comply with these terms, and you may share access only through the features provided for that purpose. Fans acknowledge that a creator’s messages may come from such helpers or — where labelled — from AI. Misleading fans about who actually appears in content is prohibited.
The detail, the obligations and the tax points are set out in Creator Terms. Your rights as a business user under the Platform-to-Business Regulation (EU) 2019/1150 are set out in P2B Terms.
10 Referral programme (overview)
Copy link to “10 Referral programme (overview)”Every user can refer new creators using a personal referral link. Where a user refers a creator, they receive commission out of our share of that creator’s income:
| Model | Commission | Duration | Cap | Threshold |
|---|---|---|---|---|
| User refers a creator | 5% of the commission base (fans’ payments to the referred creator, excluding VAT, before platform commission — Referral section 1; paid out of the platform’s share) | 12 months from the moment commission is unlocked | USD 50,000 per referred creator | commission only begins once the referred creator has earned EUR 100 and the referrer’s identity has been verified (Referral sections 2.1 and 3) |
There is one level only — no multi-tier scheme — and there is no commission for fans referring fans. Referral commission is subject to a 21-day holding period, to the payout rules in section 5.3 (for users without a creator account, a minimum payout of USD 100), and to fraud, KYC, tax and sanctions checks. Referring yourself, referring linked accounts (section 2.6) and unfair promotional methods lead to commission being withdrawn, and you can appeal against that (Appeals).
Anti-fraud measures, grounds for disqualification, tax reporting and payout arrangements are set out in Referral, which prevails over this document for the referral programme in the event of a conflict.
11 Ending the contract and suspending accounts
Copy link to “11 Ending the contract and suspending accounts”11.1 Ordinary termination and closing your account
Copy link to “11.1 Ordinary termination and closing your account”You can end your relationship with us at any time, without giving reasons, in your account settings. The following then applies:
- The sequence. Your account is first deactivated for 30 days, during which you can reactivate it at any time. A 14-day withdrawal phase follows, then the account is fully blocked for a further 30 days, and finally it is deleted or anonymised. During the earlier phases you can export your data (Article 20 GDPR). Data we are required by law to keep — payment, tax, anti-money-laundering and 2257 records — stays stored and blocked for the statutory period (Privacy).
- Fans. Current subscriptions end at the end of each period already paid for; they are not ended early with a refund. From deactivation onwards no further renewals are charged.
- Creators. If fans’ paid subscriptions are still running when you end the relationship, your account stays open in a “winding down” state until the longest paid period expires: no new subscriptions or purchases, while existing fans keep access. After that we pay out your remaining balance under section 5.3 — amounts below the payout minimum are paid on request, less the fee under section 5.3 — and delete the account. Content of other creators in which you appear as a co-performer is unaffected; you can withdraw that consent separately (section 2.8).
We may terminate the relationship on 30 days’ notice to the end of a month. Where creators are concerned we comply with Regulation (EU) 2019/1150 in doing so (P2B Terms).
11.2 Termination for cause and suspension
Copy link to “11.2 Termination for cause and suspension”We reserve the right to suspend or close your account without notice and with immediate effect where:
- you upload or send content that breaches section 7.2 (prohibited content) or the acceptable use policy;
- you breach the KYC or age verification requirements, or give false information;
- you act fraudulently (chargeback abuse, sock-puppet accounts, a false identity, suspected money laundering, referral fraud);
- you repeatedly breach the community guidelines or the acceptable use policy (the warning points system, Acceptable Use section 9);
- you carry out or promote illegal activity through the platform, or your conduct endangers other users, our systems or the public;
- you sabotage the technical operation of the platform or circumvent protection measures;
- an order from an authority or a court requires us to suspend you, or you appear on a sanctions list;
- there is other good cause that makes it unreasonable for us to continue the relationship (the general ground within the meaning of section 314 BGB).
Before a suspension for repeated but not serious breaches you normally receive a warning and an opportunity to comment; in the cases listed above — and without exception for breaches of section 7.2 — we suspend immediately. Time-limited suspensions (24 hours, 7 days, 30 days) end automatically. While one is running, your content stays hidden and your balance frozen, and fans’ current subscriptions continue. Permanent bans are only ever imposed by two people together.
11.3 What suspension means for account access
Copy link to “11.3 What suspension means for account access”Suspension ends every active function of your account: you can no longer publish content, send messages, earn income or change your payment details, and your content becomes invisible to fans.
You do, however, keep limited, read-only access to your account so that you can (a) see the reason for the suspension, (b) appeal (section 11.5), (c) export your data (Article 20 GDPR) and (d) follow the state of any final payout. Access can be blocked entirely only where criminal conduct is involved or an authority orders it; in that case we give you a way to appeal away from the platform, by email to appeals@desioart.com. Content on permanently suspended accounts is deleted for good once the appeal period has expired, unless evidence preservation or a statutory retention obligation stands in the way.
11.4 What suspension means for earnings and dormant balances
Copy link to “11.4 What suspension means for earnings and dormant balances”Suspension first freezes any outstanding payouts. What happens to your balance then depends on the nature of the breach:
- Amounts connected to the breach (“tainted” amounts) — income arising directly from the content or conduct complained of, together with amounts from chargebacks, refunds and fraud — are withheld and, where fans have suffered loss, refunded to them. Amounts of that kind already paid out can be reclaimed from you as a debt (section 5.7).
- The remaining, unobjectionable balance is paid out to you where the suspension does not involve criminal conduct, after an extended security period covering the 30-day chargeback window, less any outstanding claims and — for amounts under USD 50 — the fee under section 5.3. A balance is never forfeited automatically, only after a review by two people; we tell you why (section 11.7) and you can appeal.
- Where criminal conduct, money laundering or a sanctions match is involved, amounts are withheld until the matter is resolved and may be seized by the competent authorities. Proceeds of unlawful conduct are never paid out.
Dormant balances. If you do not draw a payable balance for twelve (12) months and show no account activity in that time, we email you a warning naming a specific date. If neither a payout request nor a sign-in follows within a grace period of 30 days after that warning, the balance is forfeited to us. You can request your balance at any time before the grace period ends, and the warning sets out the deadline, what to do and what happens if you do nothing.
The detailed periods, fees and calculations are in the creator earnings and payouts policy (Creator Earnings section 10).
11.5 Your right to complain and to appeal
Copy link to “11.5 Your right to complain and to appeal”You have the right to complain and to appeal against every suspension, content removal, demotion or withholding of a payout — for at least six months from the date we notify the decision, free of charge, and with the review carried out by someone who was not involved in the original decision. The procedures are set out in Complaints and Appeals (in line with the DSA). Certified out-of-court dispute settlement bodies under Article 21 DSA are also open to you.
11.6 No circumvention after a suspension
Copy link to “11.6 No circumvention after a suspension”If your account has been permanently suspended or closed, you must not open a new account, use another user’s login details or payment means, or get around the suspension by technical or other means. To detect such attempts we may store technical identifiers — hashed identifiers of the IP address, device and bank details used at registration — beyond the deletion of the account and compare new registrations against them (Privacy). Accounts opened in breach of this are suspended without further review.
11.7 Reasons for our decisions
Copy link to “11.7 Reasons for our decisions”Every decision by which we remove or demote content, restrict or suspend your account or withhold earnings comes to you with a statement of reasons: which content is affected, which rule or legal provision we rely on, the facts we base it on, whether automated means were involved in detection or in the decision, and how you can appeal. You find it in your account under “account status” and receive it by email. We may withhold individual details where that is necessary to protect an ongoing investigation, the rights of other users or to comply with a legal obligation; where child sexual offences are suspected, or an authority so orders, you receive only a general statement. Where child sexual abuse material is suspected, we are required by law to inform the competent bodies, and we do so without prior notice.
12 Liability
Copy link to “12 Liability”12.1 The general position
Copy link to “12.1 The general position”We are liable without limit for loss or damage:
- arising from injury to life, body or health caused by a negligent or intentional breach of duty;
- caused intentionally or by gross negligence on our part or on the part of those we use to perform our obligations;
- arising from the fraudulent concealment of a defect or from a guarantee we have given;
- for which we are responsible under mandatory statutory provisions.
12.2 Liability for ordinary negligence (cardinal obligations)
Copy link to “12.2 Liability for ordinary negligence (cardinal obligations)”Where we are merely negligent, we are liable only for breach of material contractual obligations (“cardinal obligations”), meaning obligations whose performance makes the proper performance of the contract possible in the first place and on whose observance you may routinely rely. In those cases liability is limited to the foreseeable loss typical of this kind of contract.
12.3 Cap on liability
Copy link to “12.3 Cap on liability”So far as the law permits, and outside the cases in section 12.1, our total liability per contract year is capped:
- towards consumers, at the total amount you paid us in the twelve (12) months before the event causing the loss;
- towards creators and other business users, at the total commission and fees we retained from your income in the twelve (12) months before the event causing the loss, but not less than USD 1,000. Towards business users we are further not liable for lost profit, lost income, business interruption, reputational harm or indirect loss, except where section 12.1 applies.
12.4 No liability for content
Copy link to “12.4 No liability for content”We are not liable for content posted by creators or other users. In that respect we act as a hosting service provider within the meaning of Article 6 DSA: we remove unlawful content promptly once we know about it (notice and action). The procedures are set out in Moderation and DMCA. Opinions expressed by users on the platform are not our opinions.
12.5 Events beyond our control
Copy link to “12.5 Events beyond our control”We are not liable for loss caused by events beyond our reasonable control — natural disasters, pandemics, war, strikes, orders of authorities, sanctions, cyber attacks, failures of telecommunications or internet infrastructure, and the failure or refusal to perform of the payment, verification, hosting, storage, content delivery, email and checking services we use. Our affected obligations are suspended for as long as such an event lasts, and we work to put things right.
12.6 No warranty for content (provided “as is”)
Copy link to “12.6 No warranty for content (provided “as is”)”Content is made accessible in the form in which the creator provides it (“as is”). Beyond the access licence described in section 8.3 there is no entitlement and no warranty — none as to the continued availability of any item of content (creators can remove content at any time; people shown can withdraw their consent, section 2.8; and we can remove content for legal or moderation reasons), as to how often a creator publishes, the quality or the volume of new content, or as to suitability for your purposes or devices. We use technical and organisational measures to protect content against unauthorised copying — access controls, watermarks, access logging and the handling of reports and DMCA requests, see section 7.3 and DMCA — but no method offers complete security, and we do not warrant that content will not be copied, recorded or passed on by third parties. Your statutory rights and our liability for intent, gross negligence and breach of material contractual obligations (section 12.2) are unaffected.
12.7 Points of clarification
Copy link to “12.7 Points of clarification”So far as the law permits and subject to section 12.1, we are not responsible for:
- the conduct and content of other users, including breaches of arrangements users make between themselves outside our features;
- whether creators or referring users earn anything — we give no earnings guarantee;
- the possibility that people who know you may recognise you on the platform;
- losses caused by lost, stolen or compromised login details or devices, except where we are at fault;
- the further distribution of content that was recorded or copied in breach of these terms (section 12.6);
- compatibility of the platform with every device, browser and connection; configuring your devices and using security software is your responsibility;
- the discretion features (quick hide, app lock, neutral notification text, download blocks) — they make accidental glimpses less likely but are no guarantee of security or of protection against copying;
- third-party content, services and websites that are linked to or connected through interfaces (section 4.8).
12.8 Benefit to third parties
Copy link to “12.8 Benefit to third parties”The limitations of liability in this section 12 also apply for the benefit of our officers, employees, agents and affiliated companies.
13 The platform’s intellectual property
Copy link to “13 The platform’s intellectual property”The platform’s trade marks, logos, software, databases, interfaces and designs belong to us or are licensed to us. For as long as your relationship with us lasts we grant you a simple, non-transferable and revocable right to use the platform as intended within these terms; you acquire no rights beyond that. Reproducing, modifying, distributing or commercially exploiting any of it without our express written permission is prohibited, and notices of copyright and other protected rights must not be removed. We may use anonymised and aggregated usage data, within the limits of data protection law, to improve and analyse the platform (Privacy, and for creators also P2B Terms).
14 Changes to these terms
Copy link to “14 Changes to these terms”We may amend these terms and the ancillary terms where that is necessary in order to:
- implement changes in legislation, case law or regulatory requirements;
- avert security risks to the platform, to us or to users, or to prevent misuse;
- reflect new or altered features, payment methods or service providers; or
- remove ambiguity or make the text easier to understand,
and where the change is reasonable for you, taking our legitimate interests into account. We do not use this route to change the balance between what is provided and what is paid for it.
Significant changes — those that affect your rights or obligations more than marginally — are announced by email and in your account at least 30 days before they take effect, and we ask for your express agreement the next time you sign in after that date. If you do not agree, you can end the relationship without notice before the change takes effect, and periods you have already paid for run out on the previous terms. For creators the notice period is at least 15 days, even where it would otherwise have to be shorter than 30 days in order to meet legal obligations or to address security risks (Article 3 of Regulation (EU) 2019/1150).
Other changes — editorial corrections, or additions covering new features that place no burden on you — take effect on publication, and we tell you about them in your account. Every version and a record of the changes is permanently available at legal.desioart.com, and we log your acceptance with the date and the version.
15 Resolving disputes
Copy link to “15 Resolving disputes”15.1 Complain to us first
Copy link to “15.1 Complain to us first”We suggest you first raise any dispute through our complaints procedure — see Complaints (complaints@desioart.com). For decisions about content and accounts you also have the appeals procedure (Appeals) and the out-of-court dispute settlement bodies certified under Article 21 DSA; we take part in proceedings before those bodies as the DSA provides.
15.2 Disputes between fans and creators
Copy link to “15.2 Disputes between fans and creators”Where a fan and a creator disagree we can mediate on request, but we are not obliged to and we do not decide as an arbitrator. Your claims under your contract with us (section 3.1) are unaffected.
15.3 Consumer ADR
Copy link to “15.3 Consumer ADR”The European Commission’s online dispute resolution platform was discontinued on 20 July 2025. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body (for German consumers: section 36 VSBG). The authority responsible for alternative dispute resolution in consumer matters at our seat is the Consumer Protection Service of the Cypriot Ministry of Energy, Commerce and Industry (consumer.gov.cy); we do not take part in proceedings before the bodies registered there.
16 Governing law and jurisdiction
Copy link to “16 Governing law and jurisdiction”16.1 Governing law
Copy link to “16.1 Governing law”This relationship is governed by the law of the Republic of Cyprus, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 Consumer protection is unaffected
Copy link to “16.2 Consumer protection is unaffected”If you are a consumer habitually resident in a member state of the European Union or in the EEA, you also enjoy the protection of the mandatory consumer protection provisions of your home country (Article 6 Rome I Regulation). Those provisions prevail over these terms where they are more favourable to you.
16.3 Jurisdiction
Copy link to “16.3 Jurisdiction”- Consumers resident in the EU or EEA: you may sue us either at our seat (Larnaca, Cyprus) or in the courts of your home country (Articles 17 to 19 of the Brussels Ia Regulation). We may sue you only in the courts of your home country.
- Business users (creators and other commercial users): the exclusive place of jurisdiction is Larnaca, Republic of Cyprus.
- Users outside the EU and EEA: the exclusive place of jurisdiction is Larnaca, Republic of Cyprus, unless mandatory provisions of your home country say otherwise.
17 Language of the contract
Copy link to “17 Language of the contract”The language of the contract is English. We publish these terms and the ancillary terms in English only, at legal.desioart.com, and the English version is the only binding one — whatever language you use the platform’s interface in. When you accept, we show you the English version and log the version and date. Where we provide translations or summaries of individual documents, they exist purely to help you understand them, and the English wording prevails in the event of any difference. Mandatory consumer protection provisions of your home country are unaffected by this.
18 Final provisions
Copy link to “18 Final provisions”18.1 Severability
Copy link to “18.1 Severability”If individual provisions of these terms are or become wholly or partly invalid or unenforceable, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the valid arrangement that comes closest to its economic purpose.
18.2 Transfer
Copy link to “18.2 Transfer”You may not transfer your rights and obligations under this contract to a third party without our prior written consent. We are entitled to pass our rights and duties arising from this contract to affiliated companies or to third parties, as part of a corporate restructuring or a takeover; we will tell you in writing, and you may then end the relationship without notice.
18.3 Notices
Copy link to “18.3 Notices”We give you notice by email to the address you have stored, by a message in your account (the notification centre) or, where the law requires it, on a durable medium. Notices of legal significance — security warnings, statements of reasons under section 11.7, changes under section 14 and payment confirmations — are always sent by email, and you cannot unsubscribe from them. An electronic notice counts as received as soon as you can retrieve it in the ordinary course of things. You must keep your email address up to date. Notices to us go to the addresses in section 20.
18.4 No waiver
Copy link to “18.4 No waiver”If we do not enforce a provision of these terms, that is not a waiver of our right to enforce it in future. A waiver is effective only if we declare it expressly in text form.
18.5 Survival
Copy link to “18.5 Survival”Provisions that by their nature are intended to apply beyond the end of the relationship — sections 5.7, 7.4, 8, 11.4, 11.6, 12, 13, 15, 16 and 17, together with the rules on retention, refunds, moderation and data protection — remain in force after it ends.
18.6 Entire agreement
Copy link to “18.6 Entire agreement”These terms, including the ancillary terms, contain the entire agreement on the use of the platform; individual assurances from our support team are binding only if we confirm them in text form. Statutory rights you have as a consumer that cannot be excluded are unaffected.
18.7 Your contractual counterparty
Copy link to “18.7 Your contractual counterparty”Your counterparty for everything the platform provides is DAAR GLOBAL LIMITED alone. These terms create no contractual relationship between you and our payment service providers, processors or affiliated companies; their own terms (section 5.2) apply only to the payment they process.
19 Ancillary terms (incorporated by reference)
Copy link to “19 Ancillary terms (incorporated by reference)”19.1 Ancillary terms in force
Copy link to “19.1 Ancillary terms in force”The following policies form an integral part of these terms and apply in the version published at the time. You find them permanently at legal.desioart.com:
| No. | Policy | File |
|---|---|---|
| 04 | Community Guidelines | Community |
| 05 | Acceptable Use Policy | Acceptable Use |
| 06 | Complaints Policy | Complaints |
| 07 | Appeals Policy | Appeals |
| 08 | Anti-Slavery and Anti-Trafficking Statement | Anti-Slavery |
| 09 | Creator Terms and Conditions | Creator Terms |
| 10 | Creator Earnings and Payouts Policy | Creator Earnings |
| 11 | Creator Advertising and Promotion Policy | Advertising |
| 12 | Creator Referral Terms | Referral |
| 13 | Co-Authored Content and Consent Policy | Co-Performers |
| 14 | Content Moderation Policy | Moderation |
| 15 | Copyright and DMCA Policy | DMCA |
| 16 | Non-Consensual Intimate Imagery Takedown Policy | NCII Takedown |
| 17 | Age Verification Policy | Age Verification |
| 18 | 18 U.S.C. § 2257 Compliance Statement | 2257 Statement |
| 21 | API Access and Usage Terms | API Terms |
| 25 | Platform-to-Business Terms | P2B Terms |
| 27 | Legal Notice | Legal Notice |
The privacy policy (Privacy) and the cookie policy (Cookies) are not contractual terms but statutory information (Articles 13 and 14 GDPR, section 25 TDDDG). They apply independently of these terms and are mentioned here only for completeness; you find them at legal.desioart.com as well.
19.2 Future ancillary terms
Copy link to “19.2 Future ancillary terms”The following additional terms will be published before the corresponding feature is switched on and apply only from the moment they are published at legal.desioart.com; until then the rules in these terms apply: terms for a shop with price negotiation, terms for live streams, and terms for crypto payments through a further provider.
19.3 Not applicable
Copy link to “19.3 Not applicable”We do not operate a credit or wallet system, so there are no “credit terms” of the kind other platforms have. Terms for courses, app stores and checkout links, as found on other platforms, have no equivalent here.
19.4 Order of precedence
Copy link to “19.4 Order of precedence”Where this master agreement and an ancillary term conflict, the specialised ancillary term prevails for the subject matter it governs. References to ancillary terms always mean the version published at the time; changes are subject to section 14.
20 Contact and points of contact
Copy link to “20 Contact and points of contact”Provider: DAAR GLOBAL LIMITED Registered office: 1 Apriliou 52, 7600 Athienou, Larnaca, Cyprus Registration number: HE 497557 Director: Alexander Repp
| Matter | Contact |
|---|---|
| General enquiries, support, billing | support@desioart.com · help centre in your account |
| Single point of contact for users and authorities under Articles 11 and 12 DSA (not exclusively automated) | legal@desioart.com |
| Complaints (Complaints) | complaints@desioart.com |
| Appeals against decisions (Appeals) | appeals@desioart.com |
| Data protection | privacy@desioart.com · dpo@desioart.com |
| Copyright and DMCA (DMCA) | dmca@desioart.com |
| Non-consensual intimate imagery (NCII Takedown) | ncii@desioart.com |
| Abuse, trafficking, child protection | abuse@desioart.com · trafficking@desioart.com |
| 2257 records custodian | records-custodian@desioart.com |
| Security vulnerabilities (responsible disclosure) | security@desioart.com |
| Accessibility | accessibility@desioart.com |
Messages to these addresses are acknowledged automatically with a reference number and handled by people. The full legal notice details, including the information German users are entitled to under section 5 DDG, are in Legal Notice.