Content:

I. Terms of use for all users

II. Terms of use for creators

III. Terms of use for fans


I. Terms of use for all users

By using our services you agree to these terms - Please read them carefully


1. Introduction:

These Terms of Use for all Users govern your use of Somus and your agreement with us.


2. Definition

In the Terms of Service:

  1. we refer to our website as "Somus", including when accessed via the URL www.somus.app;

  2. references to "we", "our", "us" are references to Somus OÜ, the operator of Somus;

  3. "Content" means any material uploaded to Somus by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;

  4. "Creator" means a User who has set up their Somus account as a Creator account to post Content on Somus to be viewed by other Users;

  5. "Fan" means a User who follows a Creator and is able to view the Creator's Content;

  6. "User" means any user of Somus, whether a Creator or a Fan or both (also referred to as "you" or "your").

  7. "Fan/Creator Transaction" means any transaction between a Fan and a Creator on Somus by which access is granted to the Creator's Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream);

  8. "Fan Payment" means any and all payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction, or (ii) as for a pay-per-view Content;

  9. "Standard Contract between Fan and Creator" means the terms which govern each Fan/Creator Transaction, which can be found here;

  10. "Subscription" means a Fan's subscription to a Creator's account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);

  11. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Complaints Policy, and (vi) Community Guidelines;


3. Who we are and how to contact us:

Somus is operated by Somus OÜ. We are a private limited company ("osaühing" in Estonian) registered in Estonia, with company registration number 16169244 and we have our registered office address at Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 5, 11415. Our VAT number is EE102410970.

To contact us with any questions about Somus, please email our support team at support@somus.app.


4. How we may change the Terms of Service:

We may change any part of the Terms of Service without telling you beforehand in the following circumstances:

  1. to reflect changes in laws and regulatory requirements which apply to Somus and the services, features and programs of Somus where such changes require Somus to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and

  2. to address an unforeseen and imminent danger related to defending Somus, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Somus, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Somus.


5. We may make changes to or suspend or withdraw Somus:

We may update and change Somus from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Somus, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Somus for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.


6. Registering with Somus:

To use Somus you must first register and create a User account on Somus. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Somus platforms for the composition of passwords.

To register as a User:

  1. you must be at least 16 years old, and you will be required to confirm this;

  2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 16 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and

  3. you must be permitted by the laws of the country or State/province where you are located to join Somus and to view any Content available on it and to use any functionality provided by it.

  4. you must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not access or use Somus.


7. Your commitments to us:

When you register with and use Somus, you make the following commitments to us:

  1. If you previously had an account with Somus, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.

  2. You will make sure that all information which you submit to us is truthful, accurate and complete.

  3. You will promptly update any of your information you have submitted to us as and when it changes.

  4. You consent to receiving communications from us electronically, including by emails and by messages posted to your Somus account, and to the processing of your personal data as more fully detailed in our Privacy Policy.

  5. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@somus.app promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

  6. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.

  7. You will comply in full with these Terms of Use for all Users and all other parts of the Terms of Service which apply to your use of Somus.


8. Rights we have, including to suspend or terminate your account:

  1. We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service and/or any applicable law.

  2. It is our policy to suspend access to any Content you post on Somus if we become aware that it doesn’t comply with the Terms of Service and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@somus.app. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.

  3. If we suspend access to or delete any of your Content, we may notify you via email or electronic message to your Somus account, but we are not obligated to give you prior notice of such removal or suspension.

  4. We reserve the right in our sole discretion to terminate your agreement with us and your access to Somus for any reason by giving you 30 days’ notice by email or electronic message to your Somus account. We can also suspend access to your User account or terminate your agreement with us and your access to Somus immediately and without prior notice:

    • if we think that you have or may have breached any part of the Terms of Service, or if you attempt or threat to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or

    • if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Somus.

  5. If we suspend access to your User account or terminate your agreement with us and your access to Somus we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Creators.

  6. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Somus for you to be able to access your Content following termination of your account.

  7. We can investigate any suspected or alleged misuse, abuse, or unlawful use of Somus and cooperate with law enforcement agencies in such investigation.

  8. We can disclose any information or records in our possession or control about your use of Somus to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

  9. We can change the third-party payment providers used to process payments on Somus and if we do so, we will notify you and store applicable details on your Somus account.

  10. Other than Content (which is owned by or licensed to Creators), all rights in and to Somus and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

  11. We are the sole and exclusive owners of any and all anonymised data relating to your use of Somus and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.


9. What we are not responsible for:

We will use reasonable care and skill in providing Somus to you, but there are certain things which we are not responsible for, as follows:

  1. We do not authorize or approve Content on Somus, and views expressed by Creators or Fans on Somus do not necessarily represent our views.

  2. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.

  3. Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Somus, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Somus.

  4. All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Somus. We are under no obligation to monitor Content or to detect breaches of the Terms of Service.

  5. You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Somus and that if you choose to do so, you do so entirely at your own risk.

  6. We make no promises or guarantees of any kind that Creators will make a particular sum of money (or any money) from their use of Somus.

  7. The materials which we make accessible on Somus for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.

  8. We do not promise that Somus is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Somus. You should use your own virus protection software.

  9. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Somus.

  10. While we try to make sure that Somus is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.

  11. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

  12. You acknowledge that once your Content is posted on Somus, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.


10. Intellectual property rights – ownership and licenses:

  1. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section ’Intellectual property rights’ (2) below in any territory in which Somus is accessible and, in particular, in the United States of America, Estonia and the European Union.

  2. You agree to grant us a license to all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Somus. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.

  3. The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Somus, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Somus, as well as to use your Content for other normal operations of Somus. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.

  4. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.

  5. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Somus. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your content.


11. Linking to and from Somus:

  1. Links to Somus:

    • You may link to the Somus platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

    • If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate Somus or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Somus account by using Google Ads or any similar advertising platform or search engine advertising service.

  2. Links from Somus:
    If Somus contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Somus, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  3. Domain Names:

    • In some instances, Somus may allow Creators to register or use domain names that contain the Somus trademark or a confusingly similar term. However, you will not register such a domain name, unless:

      1. The domain name is registered by the Creator.

      2. The domain name redirects to the Creator’s Somus profile. Domain names containing the Somus trademark or a confusingly similar term must not direct to any other website, including link aggregators.

      3. The Creator obtains prior written permission from Somus and signs a licensing agreement.

    • If you would like to register a domain name containing the Somus trademark or a confusingly similar term, please contact support@somus.app.; Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in Somus filing a domain dispute against the registrant.


12. How do I delete my account?

If you want to delete your Somus account then you may fill out the form Support Request here. You can also read this article here.


13. Who is responsible for any loss or damage suffered by you?

  1. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.

  2. If you are a consumer User you agree that:

    • We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Somus.

    • If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.

  3. If you are a business User you agree that we and our subsidiary companies, employees, owners, representatives, and agents:

    • exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Somus or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;

    • are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;

    • won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:

      1. your inability to use Somus or any of its services, features or programs; or

      2. your use of or reliance on any content (including Content) stored on Somus;

    • won't be liable to you for any:

      1. loss of profits;

      2. loss of sales, business, or revenue;

      3. business interruption;

      4. loss of anticipated savings;

      5. loss of business opportunity, goodwill or reputation;

      6. loss of data or information, including any Content; or

      7. indirect or consequential loss or damage;

    • won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Somus or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;

    • won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;

    • won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as "doxing");

    • won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.

  4. Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:

    • 100% of the total fees paid by you to us in connection with your use of Somus; and

    • USD 5,000.


14. General:

You agree that:

  1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.

  2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;

  3. We reserve all rights not expressly granted to you.

  4. No implied licenses or other rights are granted to you in relation to any part of Somus, save as expressly set out in the Terms of Service.

  5. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section ‘Who is responsible for any loss or damage suffered by you?’ and the terms in section ‘Terms relating to disputes’ may be enforced by our subsidiary companies, employees, owners, representatives and agents.

  6. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.

  7. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.

  8. The Terms of Service form the entire agreement between us and you regarding your access to and use of Somus, and supersede any and all prior oral or written understandings or agreements between us and you.


15. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of Somus (including those arising from or relating to your agreement with us) can be brought:

  1. For consumers (Fans):

    • Consumers - Law:

      1. If you are a consumer, your agreement with us is governed by Estonian law and Estonian law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Somus, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of Somus (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.

    • Consumers - where claims must be brought:

      1. If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Somus (including, in both cases, non-contractual disputes or claims) may be brought in the courts of Estonia or the courts of the country where you live.

      2. If you are a consumer resident outside of the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Somus (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Estonia.

  2. For business Users (Creators and Referring Users):

    • Business Users – Law:

      1. If you are a business User, your agreement with us is governed by Estonian law and Estonian law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Somus, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of Somus (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.

    • Business Users - where claims must be brought:

      1. If you are a business User, you and we agree that the courts of Estonia shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of Somus.

    • Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Somus (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.


16. Other terms which form part of your agreement with us:

These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:

  1. Terms of Use for Fans – which contain additional terms which apply if you use Somus as a Fan;

  2. Terms of Use for Creators – which contain additional terms which apply if you use Somus as a Creator;

  3. Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;

  4. Complaints Policy - which sets out the procedure for making a complaint about any aspect of Somus, and how we will deal with that complaint;

  5. Platform to Business Regulation Terms – which contain additional terms which apply to Creators who are established or resident in the European Union; and

  6. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Somus.

If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the Terms of Use for all Users will apply to the extent of the conflict.


II. Terms of use for creator

By using our services as a Creator you agree to these terms - Please read them carefully


1. Introduction

These Terms of Use for Creators are additional terms which apply if you use Somus as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.


2. Interpretation

In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

  1. "VAT" means Estonina value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and

  2. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether by Estonia or any other jurisdiction.


3. Other terms which will apply to your use of Somus

The following terms will also apply to your use of Somus and you agree to them:

  1. Our Terms of Use for all Users;

  2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;

  3. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Somus, and how we will deal with that complaint;

  4. The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on Somus; and

  5. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Somus.

You warrant (which means you make a legally enforceable promise) that:

  1. you are at least 18 years old;

  2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;

  3. you will provide such other information or verification records as we require.

  4. you are permitted by the laws of the country or State/province where you are located to join Somus and to create content on it and to use any functionality provided by it;


4. Other terms which may apply to your use of Somus

The following additional terms may apply to your use of Somus:

  1. If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;

  2. If you are also a Fan, the Terms of Use for Fans will also apply to your use of Somus as a Fan;


5. What are the fees that we charge Creators for the use of Somus?

  1. We charge a fee to you of fifteen per cent (15%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment) (called Our Fee). The remaining eighty-five per cent (85%) of the Fan Payment (exclusive of any VAT element of the Fan Payment) is shared between you and the cause of your choosing. From fifty per cent (50%) up to one hundred per cent (100%) of the remaining eighty-five per cent (85%) of the Fan Payment (exclusive of any VAT element of the Fan Payment) goes toward the cause. Our Fee includes the costs of providing, maintaining and operating Somus and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.


6. How to set up your account as a Creator account

To set up your account as a Creator account:

  1. You will need to create a Creator account;

  2. You will need on your Creator account page to submit a valid form of ID;

  3. You will need on your Creator account page to add a bank account or payment details of your bank account or a payment method;

  4. You will need on your Creator account page to select one of the available methods provided by Somus as to how your Creator Earnings will be transferred to you. These methods are called Payout Options;

  5. You may also need to submit additional information depending on the country where you live.

  6. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason;

  7. Once you have set up your account as a Creator account, then you will charge your Fans a monthly subscription fee between $4.99 and $250 per month;

  8. You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans;

  9. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.


7. Personal legal responsibility of Creators

Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.


8. Fan/Creator Transactions

This section describes the terms which apply to Fan/Creator Transactions:

  1. All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the Somus platform and storing Content, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transaction.

  2. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.

  3. When you receive confirmation from Somus, either in the ‘Statements’ page of your User account or by email (or both), that the Fan/Creator Transaction has been confirmed, you must perform your part of such Fan/Creator Transaction (for example, by allowing the Fan to view the Content on your Creator account and/or providing the customized Content paid for by the Fan and/or allowing the Fan to use the fan interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).


9. Content – general terms

In addition to the terms set out elsewhere in the Terms of Service, the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on Somus:

  1. Your Content is not confidential, and you authorize your Fans to access and view your Content on Somus for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.

  2. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Somus:

    • the Content complies in full with the Terms of Service;

    • you hold all rights necessary to license and deal in your Content on Somus, including in each territory where you have Fans and in Estonia;

    • you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;

    • if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Somus; and

    • the Content is:

      1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;

      2. reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and

      3. as described by you.

    • You agree that you will be liable to us and indemnify us if any of the warranties at section 9.2 is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.

    • We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Somus. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

    • You also agree to act as custodian of records for the Content that you upload to Somus.


10. Advertising on Somus

  1. If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10.2 and 10.3 of these Terms of Use for Creators.

  2. Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:

    • does not:

      1. prejudice respect for human dignity;

      2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

      3. encourage behavior prejudicial to health or safety;

      4. encourage behavior grossly prejudicial to the protection of the environment;

      5. cause physical, mental or moral detriment to any person;

      6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

      7. directly encourage persons to persuade others to purchase or rent goods or services;

      8. exploit the trust of persons in others; or

      9. unreasonably show persons in dangerous situations;

    • does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;

    • does not advertise, promote, or facilitate illegal gambling, and

    • in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.

  3. Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to Somus contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.


11. Co-authored Content

  1. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on Somus; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.

  2. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:

    • has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and

    • has consented to the Co-Authored Content in which he or she appears being posted on Somus.

  3. In addition to the confirmations in sections 11.1 and 11.2 above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on Somus, you will tag the Somus account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.

  4. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Somus.

  5. You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.

  6. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).


12. Payouts to Creators

  1. All Fan Payments will be received by a third-party payment provider approved by us.

  2. If you have chosen the Stripe Payout Option, Stripe will collect the Fan Payment and pay the Creator Earnings to your bank account.

  3. Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Fan Payment received, a percentage determined by you is donated to a cause and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf until you get your automated payout.

  4. All Fan Payments and Creator Earnings are transacted in USD only. If you have chosen the "Stripe" Payout Option then the Fan Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.

  5. If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.

  6. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.


13. Circumstances in which we may withhold Creator Earnings

  1. We may withhold all or any part of the Creator Earnings due to you but not yet paid out:

    • if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;

    • if you attempt or threat to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or

    • if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings,

  2. for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.

  3. We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.

  4. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.

  5. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.

  6. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Fan Payments which resulted in forfeited Creator Earnings are returned to the relevant Fans who paid such Fan Payments.


14. Promoting Tax compliance and VAT

  1. General:

    • We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.

    • By using Somus as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Somus to the relevant Tax authority in your jurisdiction, as required by law.

    • By using Somus as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have a Somus account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:

      1. notify us by email to support@somus.app in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and

      2. promptly provide us by email to support@somus.app with:

        1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and

        2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.

    • For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Somus or by support@somus.app in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.

    • We reserve the right to close your Somus account if we are notified of or become aware of any Tax non-compliance by you.


III. Terms of use for fans

By using our services as fan you agree to these terms - Please read them carefully


1. Introduction

These Terms of Use for Fans are additional terms which apply if you use Somus as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.

2. Interpretation

In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

  1. "VAT" means Estonian value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and

  2. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Estonia or any other jurisdiction.

3. Other terms which will apply to your use of Somus

The following terms will also apply to your use of Somus and you agree to them:

  1. Our Terms of Use for all Users;

  2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;

  3. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Somus, and how we will deal with that complaint;

  4. The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on Somus; and

  5. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Somus.

4. Other terms which may apply to your use of Somus

The following additional terms may apply to your use of Somus:

  1. if you are also a Creator, the Terms of Use for Creators will apply to your use of Somus as a Creator;

  2. If you are a Creator who is established or resident in the European Union, then the Platform to Business Regulation Terms will also apply to you.

5. Your commitments to us

You warrant (which means you make a legally enforceable promise) that:

  1. you are at least 16 years old;

  2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;

  3. you will provide such other information or verification records as we require.

  4. you are permitted by the laws of the country or State/province where you are located to join Somus and to view any Content available on it and to use any functionality provided by it; and

  5. you are able and willing to make payment (where required) to view Content available on Somus which you wish to view and to use any functionality provided by Somus that you wish to use.

6. Content - general terms

In addition to the terms set out elsewhere in the Terms of Service, the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on Somus:

  1. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Somus:

    • the Content complies in full with the Terms of Service;

    • you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and

    • if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Somus.

  2. You agree that you will be liable to us and indemnify us if any of the warranties at section 6.1(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.

  3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Somus. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

7. Adult material

Adult content has no place on Somus. We define “adult content” as any audio, visual or audiovisual creations depicting explicit sexual situations, including nudity, pornography and sexual services.

8. Subscriptions and purchases by Fans

This section describes the terms which apply to Fan/Creator Transactions:

  1. All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the Somus platform and storing Content we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transactions.

  2. Creators are solely responsible for determining (within the parameters for pricing on Somus) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.

  3. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.

  4. To be able to enter into a Fan/Creator Transaction with a particular Creator, you will have to click the 'Subscribe' button on the relevant Creator's profile, and then use a payment card to process the full Fan Payment.

  5. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.

  6. The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions. You authorize and consent to each of these payments being debited using your supplied payment card details.

  7. All Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.

  8. If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you canceled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.

  9. You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.

9. Suspension of your User account

If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.


These policies are part of Somus’ Terms of Service. For more information, contact Somus at support@somus.app.

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