Creator agreement

This agreement applies to everyone who runs a creator page on spicy.fm, in addition to the Terms of service and the Community guidelines. By applying to be a creator, you agree to it. spicy.fm is run by Spicy FM LLC, a limited liability company organized in Nevada, USA ("spicy.fm", "we", "us").

1. Becoming a creator

• You must be 18 or older and pass our identity check, which confirms your legal name, date of birth and that you are the person on the ID. You can't post or upload until you've passed it.
• You must live in a country where we accept creators, and making and selling adult content must be legal where you are.
• You must give true information in your application. We may ask you to check again, for example after a sign-in from a new device or a change to your payout details.
• We may decline an application or end this agreement if you don't meet these conditions.

2. Everyone in your content

• Everyone who appears in your content must be 18 or older and must have agreed to appear in it and to it being published on spicy.fm.
• Before you publish content showing anyone else, they must pass our identity check and sign a consent release, which you invite them to from your page. Posts with someone whose release isn't approved stay hidden until it is.
• You must keep and be able to show the records US law (18 U.S.C. 2257 and 28 C.F.R. Part 75) requires for the content you produce, and you agree that spicy.fm may keep copies of the identity and consent records collected through the site.
• If anyone in your content withdraws consent, tells us they didn't agree, or wasn't an adult, we will remove the content.

3. Your content and pricing

• You own your content. You give spicy.fm the licence described in the Terms of service so we can host, protect (for example with watermarks) and deliver it to fans.
• You set your subscription prices, bundles, trials, pay-to-unlock prices, message prices, call rates and show tickets, within the limits shown in your settings.
• Fans who pay for content keep access to it, even if you later archive it or close your page, unless it is removed for breaking our rules.
• You must deliver what you sell, as described. Undelivered paid requests must be refunded.

4. What you earn

• You earn a share of each payment fans make to you: subscriptions, renewals, unlocks, paid messages, tips, calls and shows. Your current share is shown on your earnings page and is 80% unless we have agreed something else with you in writing.
• Sales tax and VAT are added on top of your prices and aren't part of the amount your share is worked out from.
• Your share of a payment becomes available after a holding period (currently 7 days), which protects against fraud and chargebacks.
• If a payment is refunded, reversed or charged back, your share of it comes off your earnings, even if it was already paid out. If your balance goes below zero, future earnings cover it first.
• Referral and collaboration splits you agree to on spicy.fm are paid out of the payments they cover.
• We may change your share or our fees with at least 30 days' notice. The change doesn't affect payments made before it takes effect.

5. Payouts

• You can request a payout once your available balance reaches the minimum shown on your earnings page (currently 20 US dollars), or set up automatic payouts.
• Payouts go only to an account in the name of the person who passed the identity check.
• You must give us the tax forms we ask for (for example IRS Form W-9 or W-8BEN). We may hold payouts until we have them, and we report earnings to tax authorities where the law requires.
• You are responsible for your own taxes on what you earn.
• We may hold payouts while we look into fraud, chargebacks, legal claims, or a breach of this agreement, and may keep amounts needed to cover refunds, chargebacks, fines or penalties that your content or conduct caused.

6. Your team and agencies

• You can let helpers and agencies work in your account with the permissions you choose. They use their own identity-checked accounts, and every action they take is recorded.
• Nobody but you can change your payout details, bank or security settings.
• You are responsible for what your team does in your account. Any revenue split with an agency is between you and the agency; spicy.fm pays your earnings to you.

7. Being a good creator

• Follow the Community guidelines in everything you post, send and stream.
• Don't send fans elsewhere to pay, and don't take payment outside spicy.fm for anything arranged here.
• Live shows and calls must follow the same rules as posts, and must show only people who have passed the identity check or signed a release.
• Respond to fans honestly. Don't present messages written by your team or an agency in a way that misleads fans about something they're paying for.

8. Ending this agreement

You can stop being a creator or close your account at any time. We may end this agreement, or suspend your page, if you break it, the Terms or the law, or if your account creates a serious risk for fans, for us or for our payment partners. When it ends, we pay out your available balance, minus anything held under section 5, once any holding period has passed and the law allows.

9. Changes

We may update this agreement. When a change matters, we tell you at least 30 days before it takes effect and may ask you to agree to it.