FanCurve - Grow with your audience

1. Acceptance of Terms

By accessing and using FanCurve ("the platform", “we”, “our” or “us”), you accept and agree to be bound by these Terms of Use and accept the risks outlined in our Risk Disclosure.

If you do not understand and accept these Terms in their entirety, you should not use FanCurve.

2. Description of Service

FanCurve provides a platform for content Creators (“Creator”, “Creators”) to offer exclusive access to their communities and content through utility tokens (referred to as “Creator tokens” and “access tokens”). These Creator tokens may grant access to exclusive content and perks offered by Creators, but we cannot guarantee delivery of or access to these offerings.

FanCurve does not guarantee the quality, quantity, or delivery of any Creator content or perks. Creators retain sole discretion over what they post, what tiers they offer, and whether they continue to use the platform.

3. Risk Warning

FanCurve's core functionality involves interacting with user-generated Digital Assets, known as Creator tokens or access tokens, in various ways. We are not responsible for Creator tokens that you may, in your sole discretion, engage with on FanCurve. Please ensure that you fully understand the risks involved with Creator tokens before using FanCurve.

The value of Creator tokens can fluctuate significantly and there is a material risk of economic loss when buying, selling, or holding Creator tokens. You should therefore consider whether participating on the platform is suitable for you, taking into account your personal circumstances, financial or otherwise.

You acknowledge that we are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any activities you undertake when using the platform. We do not and are not providing any investment or consulting advice and no communication or information that we provide to you is intended to be, or should be construed as, advice of any kind. We do not recommend that any user-generated Digital Asset be bought, earned, sold or held by you under any circumstances.

You are responsible for determining whether any Creator tokens are appropriate for you to acquire, transact in, or otherwise use on the platform based on your personal objectives, financial circumstances, and risk tolerance. You are responsible for any associated loss or liability. Before making the decision to buy, sell or hold any Creator tokens, you should conduct your own due diligence about the associated Creator, their content, and their trustworthiness. Where appropriate, you should also consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Creator tokens based on the information or services provided by us or by users themselves through the platform, including any losses you may incur based on your decisions.

4. Eligibility

To be eligible to register for a FanCurve Account and use the FanCurve platform, you must:

(a) be an individual, corporation, legal person, entity or other undertaking with the full power, authority and capacity to:

(i) access and use FanCurve; and

(ii) enter into contracts, comply with your obligations, and exercise your rights under these Terms;

(b) if you are an individual, be at least 18 years old and be legally allowed in your jurisdiction to enter into binding contracts;

(c) if you act as an employee or agent of a legal entity, and enter into the Agreement on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into the Agreement;

(d) not have been previously suspended or removed from FanCurve;

(e) not be a Restricted Person; and

(f) not be located, incorporated, otherwise established in, resident of, or (to the extent applicable) a citizen of or operating in a jurisdiction:

(i) where it would be illegal under Applicable Law for you to access or use FanCurve, or cause us or any third party to contravene any laws applicable to them; or

(ii) any of the following specifically restricted jurisdictions: Iran, North Korea, Cuba, Syria, Russia, Crimea, the Donetsk region, the Luhansk region, China, Belarus, Myanmar, or any member state of the European Union. FanCurve implements technical measures to restrict access from these jurisdictions. Circumventing these measures by any means, including the use of VPNs or proxies, is a violation of these Terms and may result in immediate account termination and forfeiture of any accrued balances.

5. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. FanCurve is a decentralized product with deliberately limited control over user balances and login information. By using FanCurve you acknowledge that we are not able to help recover lost funds, credentials, or accounts.

6. Intellectual Property Rights & Licensing

Creators retain ownership of their content, and users retain ownership of their posts (collectively, "User Content"). However, to facilitate the operation and promotion of the FanCurve platform, you grant FanCurve a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and worldwide license to use, reproduce, store, modify, distribute, perform, and display such User Content in any format or media channel now known or hereafter developed.

This license includes the right to use any name, username, voice, or likeness provided in connection with the User Content. Where User Content contains personal data, you acknowledge FanCurve's legitimate interest in processing such data within the scope of this license to maintain and provide our services.

7. Creator Responsibilities

Creators are responsible for the content they provide, the tiers they create, and the perks they offer to Fans. Content must comply with all applicable laws and not infringe on third-party rights. Creators must deliver promised perks in a timely manner and only create content and offerings which comply with this Terms of Use and any applicable laws.

8. Fan Responsibilities

Fans agree to use the platform and access Creator content only for personal, non-commercial purposes. Redistribution of exclusive content is prohibited without Creator permission.

9. Creator Tokens

Creator tokens are utility tokens that provide access to Creator communities and content. Creator tokens are designed solely to provide access to Creator communities and exclusive content. They have no intrinsic value outside of this access. Creators determine, create, and manage their own content and tiers. Creators retain the ability to edit, remove, or stop producing content at any time. FanCurve does not guarantee the quality, quantity, or delivery of Creator content. The pricing mechanism adjusts to demand, managing community size and availability; it is not intended to act as an investment or guarantee returns. A Creator may post content which is perceived negatively, fail to deliver on promised perks or content, or even stop posting content entirely. Before purchasing Creator tokens you must accept these risks.

The bonding curve smart contracts that govern token pricing and settlement are deployed on the ICP blockchain and controlled by FanCurve. In the event that FanCurve ceases operations, we will endeavour to provide users with reasonable notice and an opportunity to sell tokens back to the curve before any canister is terminated. However, FanCurve makes no binding commitment regarding canister availability following cessation of operations. Users should not assume that exit liquidity will be available indefinitely.

10. Platform Fees

FanCurve's current fee structure is 1% to the Creator and 1% to FanCurve on every buy and sell transaction, fixed in the smart contract. FanCurve reserves the right to modify this fee structure through a canister upgrade. Material changes to fees will be communicated to users at least 7 days before taking effect through platform notification or email.

11. Content Policy

All content must comply with our content guidelines. Prohibited content includes illegal material, hate speech, harassment, spam, and content that infringes on intellectual property rights. We reserve the right to remove any content on the platform at any time and at our sole discretion.

12. Limitation of Liability

FanCurve is provided "as is" without warranties or guarantees of any kind. We are not liable for any damages, financial or otherwise, arising from your use of the platform. By using FanCurve you accept any and all risks associated with its design and underlying technologies.

FanCurve accepts no liability for disruption, loss, or damage arising from: (a) outages or performance degradation of the Internet Computer Protocol network; (b) Dfinity Foundation protocol upgrades or compliance actions that affect platform functionality; (c) smart contract behaviour resulting from on-chain conditions outside FanCurve's control; (d) restrictions on ckUSDC redemption imposed by Circle's or Dfinity's compliance systems; or (e) disruption, downtime, or data loss arising from FanCurve's frontend hosting infrastructure, including but not limited to Vercel or any other third-party hosting provider.

13. Dispute Resolution

Any disputes arising from these terms shall be resolved through binding arbitration in accordance with the rules of the applicable jurisdiction. You waive the right to participate in class action lawsuits.

14. Changes to Terms

We reserve the right to modify these terms at any time. Significant changes will be communicated via email or platform notification. Continued use of the platform after changes constitutes acceptance of the new terms.

15. Termination

We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity. Upon termination, your account's access to FanCurve and its features will be restricted.

16. Settlement Currency

All transactions on FanCurve are denominated in ckUSDC, a chain-key token on the Internet Computer Protocol that represents USDC on-chain. ckUSDC is not the same as native USDC issued by Circle. Redemption of ckUSDC to native USDC is subject to compliance systems operated by Circle or the Dfinity Foundation, including transaction screening. FanCurve has no control over these compliance systems and makes no guarantee that ckUSDC held on the platform will be redeemable to native USDC at any given time. FanCurve accepts no liability for restrictions on redemption imposed by Circle's or Dfinity's compliance systems.

17. Referral Program

FanCurve operates a referral program under which eligible users may earn a share of platform fees generated by users they refer. Participation is subject to the following: (a) payouts are calculated as a percentage of FanCurve's fee on qualifying transactions and settled in ckUSDC on a weekly basis; (b) FanCurve reserves the right to modify, suspend, or terminate the referral program at any time; (c) self-referrals, sybil activity, wash trading, and any behaviour FanCurve determines to be abusive will result in forfeiture of accrued and future earnings and may result in account termination; (d) referral attribution is permanent and assigned on a first-click basis; (e) referral earnings may be subject to tax in your jurisdiction and you are solely responsible for compliance.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of law provisions.

19. Contact

For questions about these terms, please contact us at legal@curve.fan