The following definitions apply to the General Terms and Conditions and Privacy Policy.
1.1 These General Terms and Conditions govern access to the Website, its services and their use. This includes all information, links, text, graphics, photos, videos, documents and other content that is uploaded, downloaded or displayed.
1.2 By using the Website, you agree to comply with these Terms and Conditions and confirm that you have read and understood these Terms and Conditions and our Privacy Policy.
1.3 You must be at least 18 years old to use the Website.
1.4 The parties to this agreement are the User and the Operator. A contractual relationship is established between the Fan and the Operator, and between the Creator and the Operator. Support sent through the Website is a gratuity from the Fan to the Creator; the Operator provides the technical service that makes this possible.
1.5 Except for User Content, the content of the Website, its functions and features (including but not limited to software, text, images and other content) are the property of the Operator. The name FanPayMe, the logo and all associated names, logos, product and service names, designs and slogans are protected by international copyright, trademark and other intellectual property laws.
2.1 Fans can send support to Creators via the payment methods offered on the Website. Support can be sent with or without a registered account.
2.2 The User undertakes to state their country correctly.
2.3 The payment process can be cancelled by the Fan at any time before the payment is confirmed.
2.4 The Creator pays no platform fee and no payout fee. The Creator receives the full support amount the Fan chose. A service fee, if charged, is paid by the Fan on top of that amount and is shown to the Fan before the payment is completed. It does not reduce the amount credited to the Creator. The Operator reserves the right to adjust the Fan's fee at any time; changes apply to future payments only.
2.5 Payments to the Operator are legally binding. The contract between the User and the Operator comes into effect with the sending of the payment.
2.6 Support that has not been paid out to the Creator within 36 months of receipt expires, unless statutory law requires otherwise.
2.7 Support is credited to the Creator immediately after the payment is confirmed and is non-refundable.
2.8 If a Fan's payment is reversed, cannot be collected or otherwise cannot be completed correctly, access to the Website may be restricted or blocked. The Creator's balance will be reduced accordingly. The Fan is in default of payment. Collection and other fees are to be paid by the Fan.
2.9 By sending support, the Fan expressly requests that the transmission of the support takes place immediately, before the expiry of any applicable withdrawal period. The Fan acknowledges that the support is transmitted immediately and that the right of withdrawal expires in accordance with the applicable statutory provisions. Support constitutes a voluntary and non-refundable monetary gratuity.
2.10 The Fan agrees that support is intended to thank and support the Creator. The Creator is under no obligation to provide additional content or services and the Fan has no claim to additional content. This applies in particular if the Creator closes their account.
2.11 The Fan confirms that they have taken all necessary steps to confirm the authenticity of the Creator to whom they are sending support. The Operator is not responsible for verifying the authenticity of a Creator.
3.1 Users are responsible for and must ensure that Content they upload and make available does not violate applicable law in Spain or in the country where they are located. The Operator accepts no liability or responsibility for Content uploaded in violation of the law. The liability and responsibility lies with the User.
3.2 The Website provides the Fan with an opportunity to send support. The Fan can add a message to the support. The message is optional. The Fan does not pay for the message as such.
3.3 The User grants the Operator a non-exclusive, worldwide, royalty-free right to host, store, reproduce and display the Content that the User uploads to the Website, for the purpose of operating, promoting and improving the Website. This right ends when the Content is deleted, except where the Content has already been shared publicly or must be retained for legal reasons.
3.4 Users guarantee to only transmit and publish messages and Content that do not violate applicable law. Users guarantee not to transmit Content to which they do not have the rights. Users guarantee not to publish Content involving persons under 18 years of age or persons who have not given their consent. Users acknowledge that they hold the copyright and other proprietary rights to all Content they upload and post on the Website.
3.5 Users agree not to submit, communicate or publish Content that is offensive, pornographic, racist or hateful. The Operator reserves the right to monitor Content and communication. In case of a violation, the Operator reserves the right to delete Content and/or block the User immediately. Support that has not yet been paid out may be forfeited.
3.6 Creators agree not to use Content for their profile picture, cover image or other publicly visible places which shows sexual acts in picture and/or writing.
3.7 Creators may link to their own profiles on other platforms. Links to content that violates these Terms are not permitted.
3.8 The User agrees not to pass on or publish Content from their communication with other Users to third parties.
3.9 The User agrees not to store, copy, host, use, send, distribute or publish any Content that consists of or is connected to spyware, computer viruses, trojans, computer worms or other malicious software.
3.10 The User undertakes to ensure that the data and Content provided on the Website is true, accurate, complete, current and not misleading.
3.11 The User undertakes not to engage in any activity that is insulting, deceptive, threatening, fraudulent, harassing, hateful, racist, discriminatory or otherwise harmful to other Users.
3.12 The User agrees that records of support (amount, date, chosen display name, message) may continue to be displayed to the Creator and in the Creator's statistics after the Fan account has been deleted or the Content has expired.
3.13 The User agrees that Creators may send one or more thank-you messages to the Fan through the Website, provided the Fan has sent support to the Creator. The Fan's email address is not transmitted to the Creator. The Creator agrees not to violate these Terms when sending such messages.
4.1 Registration is not permitted for persons under 18 years of age. Users confirm that they are at least 18 years of age and of legal age in their country.
4.2 The User undertakes not to pass on access data to third parties, especially minors, and must treat such data confidentially. The User agrees to be the only person to use the account. In the event of loss or theft of access data, the Operator must be informed immediately. The User can be held liable for any damage caused by not keeping the access data confidential.
4.3 Registration with false documents, false payment data, false country, under a false name or identity, with photos that are not your own, or under an invalid or false email address can lead to immediate termination of the contract between the Operator and the User. The Operator reserves the right to file criminal charges.
4.4 By sending a document for identification purposes, such as an ID card, passport or driver's licence, the Creator assures that the data on the document is accurate and belongs to the Creator.
4.5 The User is not permitted to give negligent advice to other Users. Requests to commit criminal offences or to violate these Terms are not permitted.
4.6 The Creator agrees that their public profile (username, display name, profile photo, bio) may be shown by the Operator in showcases, top lists and marketing material for the Website for as long as the Creator's page is public. The Creator can request removal from marketing material at any time by email.
4.7 The User undertakes not to impersonate any other person when communicating with other Users.
4.8 Users agree to indemnify the Operator, its licensees and successors for all liabilities, costs, damages, losses, legal fees and penalties incurred in connection with their actions and Content.
4.9 The Creator agrees not to offer and/or conduct any real meetings, services (in particular of a sexual nature) and/or item sales via the Website.
4.10 By registering or sending support, the User consents to the storage of their data as described in the Privacy Policy.
4.11 Users agree not to download, store, publish or provide to third parties any Content they receive on the Website other than their own, in particular messages from Fans. This also applies to screenshots and any other kind of screen recording.
4.12 Unless expressly permitted, Users may not edit, modify or alter any content of the Website.
4.13 Users may not sell, rent, license, display in public or otherwise exploit any content of the Website for commercial purposes.
4.14 Users agree not to use the Website to cause damage to the Website or to affect the performance, availability or accessibility of the Website.
4.15 The User agrees not to use the Website in any manner that is unlawful, illegal, harmful or fraudulent.
4.16 The User agrees not to conduct any manual or automated data collection activities (scraping) on the Website.
4.17 You may not use another User's account, even if that User gives consent.
4.18 The User agrees not to choose a username that is misleading or could lead to the imitation of another person. Usernames are subject to review. The Operator reserves the right to reject, change or remove usernames without stating reasons, in particular if they violate applicable law, are offensive, misleading or imitate another person.
4.19 Account details may be edited and adjusted by the Operator where necessary for the operation of the Website.
4.20 Users acknowledge that the Operator cannot be held responsible for the conduct of Users, either on or off the Website. The Operator cannot guarantee that any User information is accurate, true, complete, current and not misleading.
4.21 User Content may not include third-party activities and sales, including contests, sweepstakes, raffles, barter and advertising.
4.22 Users may not attempt to modify the source code of the Website or attempt to limit or damage the operation of the Website, server, system or network.
4.23 Users may not attempt to gain access to information that is not intended for them or to the accounts of other Users.
4.24 Users must not use the Website for any unauthorised purpose, including but not limited to building a competitive product or service.
4.25 The User agrees to be responsible for all actions performed and Content provided through their account.
4.26 The Creator agrees that the number of supporters, the total support received and the Creator's position in comparison to other Creators may be publicly displayed on the Website (for example in a top list), together with public profile information such as the profile photo, if the Creator has enabled this in their settings. Creators can opt out of the top list at any time.
4.27 A Fan may choose a display name when sending support. The display name is shown publicly on the Creator's page and to the Creator, unless the Fan chooses to stay anonymous. Display names are subject to the same rules as usernames (4.18).
4.28 If a Fan registers with an email address that has previously been used to send support without an account, the Fan may request that these prior payments be associated with the new account. This association is optional. Support sent anonymously will not be included.
4.29 The deletion of an account can be initiated at any time in the account settings or by email. Once the deletion is confirmed, the account is closed. Support records may be retained for accounting and legal compliance purposes and will be shown to Creators as "Deleted user" or "Anonymous".
5.1 If the account closure process is initiated via email, the User receives an email which must be confirmed to close the account.
5.2 An account can be deactivated and closed, but all related data cannot be immediately deleted. In particular, data that is part of the accounting obligation under Spanish law or that serves anti-money-laundering regulations cannot be deleted immediately, but only after the legal deadlines have expired.
5.3 Confirmed support of a Creator that has not been paid out will be paid out after the account is closed, provided the minimum payout amount has been reached and the Creator has not violated these Terms. Otherwise it expires.
5.4 The Operator reserves the right to terminate the contractual relationship with the User without stating reasons or to restrict it at its own discretion. Support that has not yet been paid out will be paid out when the minimum payout amount has been reached. No payout fee is deducted.
5.5 Existing support will not be paid out if the Creator violates any of the terms of this agreement. In particular, but not exclusively, a payout is not applicable in the following situations:
5.6 Users may not take any action to circumvent or attempt to circumvent access restrictions of any kind on the Website.
6.1 Creators receive the full confirmed support amount. The Operator does not deduct a platform fee or a payout fee from the Creator. Any service fee is paid by the Fan and is not part of the Creator's balance.
6.2 The Creator is responsible for any taxes (including VAT and income tax) that apply to support received. The Creator undertakes to take care of all tax matters as their own responsibility. The Operator is not liable for unpaid taxes of the Creator. The Operator will provide the Creator with an overview of the support received. The Operator does not guarantee the correctness of the country information provided by Fans.
6.3 For a payout, the Creator's account data must match the payee. Payouts to third parties are not possible.
6.4 Payouts are made to a bank account (SEPA or international) or to a PayPal account saved in the Creator's settings. A minimum payout amount may apply and is shown in the dashboard. The Operator does not charge a payout fee.
6.5 For transfers outside the SEPA payment area, the Operator chooses the particulars of the transfer at its discretion. The Operator does not deduct a fee of its own. The receiving bank may still charge its own fee.
6.6 The Operator is not responsible for bank charges, transfer fees or currency conversion fees charged by the Creator's bank or payment provider, which may reduce the amount received. The Creator has to inform themselves about possible fees.
6.7 For payouts in a currency other than the currency of the support, the exchange rate of the payout provider applies. The Operator does not add a conversion fee of its own.
6.8 The Creator is responsible for taxation on their support. The Operator does not assume any responsibility and/or liability for the Creator's tax liability.
6.9 Chargeback protection and payment reversals. The Operator operates internal fraud detection, risk management and chargeback mitigation systems designed to protect Creators from the financial impact of chargebacks, refunds and payment reversals and to maintain the security and integrity of the platform. In the event of a chargeback, refund, reversal or other invalidation of a payment ("Payment Reversal"), the corresponding amount may be deducted from the Creator's balance. If the Creator's balance is insufficient, a negative balance may result. Negative balances do not constitute a debt owed by the Creator to the Operator and will normally be offset against future support received through the Website. The Operator will not require direct repayment from the Creator for Payment Reversals, except in cases of confirmed fraud, intentional abuse of the platform or violations of these Terms. The Operator reserves the right to investigate and take appropriate action in response to Payment Reversals, suspected fraud or elevated chargeback risk, including adjusting account balances, withholding payouts temporarily or indefinitely, and recovering funds, including funds that have already been paid out, where permitted by applicable law. Any funds successfully recovered may be credited back to the Creator's balance at the Operator's discretion.
6.10 Support is not paid out directly to the Creator after payment but is first shown as "pending". Only after a waiting period determined by the Operator is the support shown as "confirmed". Confirmed support can be paid out when the minimum payout amount is reached.
7.1 The User grants the Operator the right to inform the User by email about news concerning the Website and its services, unless the User objects. Service emails (receipts, payout notices, security notices) are sent regardless.
7.2 When a Fan sends support, the Operator transmits the data created by the Fan – display name (if any), message and country – to the Creator. The Fan's personal data (full name, address, email) is not transferred to the Creator, unless the Fan adds it to the message.
7.3 When support is sent, information about it may be displayed publicly on the Creator's page together with the Fan's chosen display name (not the real name, unless identical) and the amount, unless the Fan has chosen to stay anonymous.
7.4 If a Fan uses the same email address and the same display name for multiple payments, these are shown to the Creator as one related supporter.
8.1 The Operator is not liable for any Content, data, communication, files or actions transmitted by Users.
8.2 The Operator shall not be liable for any damages resulting from the communication, transmission of Content, actions, data or files of Users.
8.3 The Operator shall not be liable for deleted Content, data or files.
8.4 The Operator is not liable for incorrect or false descriptions in Content provided to Fans. The Fan is responsible for deciding whether to send support and whether to add a message.
8.5 The Operator is not liable if a Creator closes their page or it is closed.
8.6 The Operator is not liable for the temporary inaccessibility of the Website.
8.7 The Operator is not liable for financial or other damages caused by technical or other defects of the Website, except in cases of intent or gross negligence. Technical faults must be reported to the Operator by email.
8.8 The Operator is not responsible for Content or absence of Content.
8.9 The Operator is not liable for external links and their content. The content of linked sites is the sole responsibility of their operators.
8.10 The Operator is not liable if the User violates the secrecy of their access data or loses their access data.
8.11 The Operator is not liable for fraudulent activities and misrepresentations of Users.
8.12 Certain minimum technical requirements must be met to ensure error-free access to the Website and its contents. The Operator assumes no liability if the content or functions of the Website cannot be displayed or used due to a lack of technical requirements.
8.13 The Operator cannot guarantee that the Website is compatible with all devices and operating systems.
8.14 Users are responsible for checking whether a Creator is genuine or whether it is a so-called catfish account. The Operator accepts no liability for this, nor can payments be refunded for this reason.
8.15 The Operator cannot check whether a Creator's Content is edited, AI-modified or otherwise altered and shows the person it claims to be. The Operator accepts no liability for this nor can any payments be refunded as a result.
8.16 The Operator cannot verify that linked pages in a profile are the actual pages of the Creator. The Operator accepts no liability for this nor can payments be refunded for this reason.
8.17 The Operator is not liable for errors in currency conversions.
8.18 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, in particular liability for intent, gross negligence, injury to life, body or health, or under mandatory consumer protection law.
9.1 The Operator reserves the right to change or amend these Terms at any time. Changes will be published on this page with a new "Last modified" date. Registered Users will be informed of significant changes by email or by a notice on the Website. Continued use of the Website after the changes take effect constitutes acceptance of the changed Terms. Verbal side agreements have not been made. Changes to this agreement must be made in writing.
10.1 Support is transmitted to the Creator immediately after payment. Since a completed gratuity is not suitable for return, and because the Fan expressly requests immediate performance (2.9), the otherwise usual right of withdrawal for consumers does not apply once the support has been sent. If errors occur during the payment process, please contact [email protected]. If fraudulent or abusive behaviour patterns occur during the payment process or a transaction is denied, we reserve the right to block the data used for future transactions. We also reserve the right to seek prosecution of cases of fraud or abuse under criminal and/or civil law.
11.1 Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract as a whole shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the parties had pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
11.2 These Terms are governed by the laws of Spain. Place of jurisdiction for all disputes arising from this agreement is the registered office of the Operator (Xàbia, Alicante, Spain), unless mandatory consumer protection law in the country of the User's residence provides otherwise. Consumers in the EU may also use the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
You can contact us at any time by email at [email protected].
Auerswald Marketing S.L.
Ctra. del Cap de la Nau Pla, 126-1-18
03730 Xàbia, Spain
VAT number: ESB09946799
If you have any questions about your account or a payment, please write to us from the email address with which you are registered on FanPayMe or with which you sent support. For data protection reasons we are otherwise not able to provide precise details or respond specifically to your query.
This policy aims to prevent and respond appropriately to fraud in connection with support payments.
We continuously monitor transactions and strive to identify suspicious activity that could indicate fraud. This includes unusual payment patterns, repeated chargebacks or transactions with stolen payment information.
In the event of a chargeback initiated by a Fan due to alleged fraud, we will investigate the case thoroughly. The Fan may be asked to provide evidence to legitimise the payment. We will carefully review all available information to determine the legitimacy of the chargeback.
We implement various measures to prevent fraud, including the verification of transactions and the use of secure payment methods. In cases of suspected fraud, we reserve the right to cancel payments, block accounts, withhold payouts or take legal action.
We inform our Users of suspicious activity or chargebacks and ask for their cooperation in resolving the incident. Open and transparent communication is crucial for a smooth solution.
All information related to fraud and chargebacks will be treated confidentially and used for internal purposes only, in accordance with our Privacy Policy.
If you have any questions about fraud or chargebacks, you can reach us at [email protected]. We are committed to protecting our Users from fraud and ensuring that transactions are secure.
We place great importance on the responsible distribution of Content. We strive to ensure a safe and secure environment for our Users and to ensure compliance with legal requirements. This policy outlines our approach to content monitoring and to the age verification of Creators.
We employ a content monitoring system that uses a combination of automated tools and manual review. Our team regularly reviews Content to ensure compliance with our policies and legal requirements. We prioritise the identification and removal of Content that violates our policies or is deemed inappropriate.
All Creators must be at least 18 years old. Before a payout is released, we may require a Creator to verify their age and identity with a government-issued identification document such as a passport, ID card or driver's licence. Content that shows other identifiable people without their consent will be removed.
We adhere to all relevant local and national laws and regulations regarding the distribution of Content. We continuously monitor changes in legal requirements and update our policies and procedures accordingly.
We encourage Users to report Content that they believe may violate our policies or legal requirements. Reports can be sent to [email protected]. Reports will be reviewed promptly and appropriate action will be taken based on the outcome of the review, within a maximum period of 7 days.
We are committed to complying with copyright laws and protecting the rights of copyright owners. This policy describes the procedures we follow in the event of copyright infringement on the Website. Please read this policy carefully before submitting notifications or counter-notifications.
If you believe that your copyrighted work has been infringed on the Website, you may submit a formal notification to us. To be valid, your notification must contain the following:
Please send notifications of copyright infringement to [email protected] or to our postal address above.
Upon receipt of a valid notice of copyright infringement, we will promptly investigate the alleged infringement and take appropriate action, which may include removing or disabling access to the allegedly infringing material. We will acknowledge receipt of your notification within 7 business days and notify you of our action or request further information as appropriate.
If you believe that material removed or disabled as a result of a copyright infringement notification has been misidentified, or if you have the necessary rights to use the material, you may submit a counter-notification. Your counter-notification must include the following:
Please send counter-notifications to [email protected] or to our postal address above.
We have a policy for dealing with repeat infringers. If a User's account is identified as a repeat infringer, we may take appropriate action, which may include suspending or terminating the User's account.
All personal data collected as part of the copyright infringement notification and counter-notification process will be treated in accordance with our Privacy Policy and will only be disclosed as permitted by law.
We are not responsible for actively monitoring or searching for infringing content on the Website. However, if we receive valid notifications of copyright infringement, we will take appropriate action to remove the reported infringements. Please note that submitting false reports of copyright infringement or counter-notifications may result in legal action.
If you have any questions or concerns regarding this policy, please contact us at [email protected].