Standard Contract between Buyer and Seller

This Standard Contract (the“Agreement”) governs the individual transactions between a User (“Buyer”) and a Creative User (“Seller”) on the BlushFans platform. It defines the rights and obligations of both parties regarding the licensing and accessing of Seller content.

This Agreement supplements our Terms of Service, Usage Policy, and all other platform policies. In the event of a conflict between this Agreement and the Terms of Service, this Agreement shall take precedence regarding the specific scope of Buyer-Seller transactions.

1. Key Definitions

• Buyer: A person who pays BlushFans through a link in exchange for a license to access Seller content. A Buyer needs no account: an email address receives the receipt and a private access link.
• Seller: A Creative User who uploads content to the Platform and grants BlushFans a license to distribute that content.
• Buyer Payment: The funds provided by the Buyer to BlushFans to access specific licensed content.
• BlushFans Fee: The portion of the Buyer Payment retained by BlushFans for platform maintenance, hosting, and services.
• Transaction: Any paid interaction between a Buyer and BlushFans that results in a limited, personal-use license to access Seller content.

2. Licensing & Relationship Structure

BlushFans is a pay by link technological solution operated by HEVEA TORUS LTD; we are not a banking institution or a direct money transmitter.

• The Flow of Rights: Sellers grant BlushFans a sublicensable license to host and distribute their content. When a Buyer makes a payment, BlushFans grants that Buyer a limited, personal-use license to access that specific content.
• Payment Flow: Buyers pay BlushFans directly. Sellers do not receive payments directly from Buyers; instead, they earn a share of revenue.
• No Direct Contract: There is no direct financial contract between the Buyer and the Seller. All licensing and payment obligations are managed through BlushFans.

3. Scope of the Buyer License

Upon a successful Transaction, BlushFans grants the Buyer a non-exclusive, non-transferable, and revocable license to view and download the content.

This license is strictly subject to the following:

• Personal Use Only: Content is for private, non-commercial enjoyment.
• No Ownership: No intellectual property, copyrights, or moral rights are transferred to the Buyer.
• Access Method: Content must be accessed only through official BlushFans interfaces or through the download button inside the link content.

4. License Expiry

The Buyer's right to view content terminates immediately if:

1. The payment is charged back, reversed, or fails.
2. BlushFans blocks the Buyer's access for fraud or a breach of this Agreement.
3. The Buyer violates the Usage Policy (e.g., leaking or redistributing content).
4. The Seller deletes the specific content from the Platform.

5. Party Obligations

For the Buyer:

• You must not redistribute, publish, resell, or share content with anyone else.
• You agree not to bypass any digital rights management (DRM) or security features.
• You agree to indemnify BlushFans for any losses resulting from unauthorized content distribution or unjustified chargebacks.

For the Seller:

• You warrant that you own or have the legal right to all content you upload.
• You acknowledge that BlushFans has the final authority on content moderation and removal.
• You understand that your earnings are governed solely by our Seller Earnings & Payouts policy, not by direct claims against Buyers.
• You agree that Buyer may download the content from the link BlushFans provides them following the purchase.

6. Cancellation & Refunds

By completing a Transaction, the Buyer requests immediate access to digital content. Consequently:

• You acknowledge that you waive any statutory "cooling-off" periods or cancellation rights provided by consumer protection laws once the content is made available.
• Refunds are granted only at the sole discretion of BlushFans or where required by law.

7. No Guarantees

BlushFans provides content on an"as-is" basis. We do not guarantee:

• That content will remain available indefinitely (Sellers may delete their history at any time).
• That the technology will be 100% error-free or uninterrupted.
• That the content will meet your specific expectations or device compatibility.

8. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Cyprus, excluding its conflict of law rules.

• Jurisdiction: Disputes shall be adjudicated exclusively by the courts at HEVEA TORUS LTD's registered seat in Cyprus.
• Consumer Rights: For Buyers residing in jurisdictions with mandatory consumer protection laws, nothing in this section shall deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of your place of residence.

Summary of the Standard Contract between Buyer and Seller (BlushFans)

1. Parties and Structure

• Buyer: Pays BlushFans through a link to access Seller content; no account needed.
• Seller: Creative user uploading content and licensing it to BlushFans.
• Platform Operator: HEVEA TORUS LTD.
• Buyers pay BlushFans, not Sellers directly. Sellers receive revenue share via BlushFans under the Seller Earnings & Payouts policy.
• There is no direct financial contract between Buyer and Seller; BlushFans manages licensing and payments.

2. License to Buyer

After a successful paid transaction:

• Buyer receives a non‑exclusive, non‑transferable, revocable license.
• License is view and download only for personal, non‑commercial use.
• No IP, copyright, or moral rights are transferred.
• Content must be accessed only via official BlushFans interfaces or via the download button within the link content.

3. License Termination

Buyer's right to view content ends immediately if:

1. Payment is charged back, reversed, or fails.
2. BlushFans blocks the Buyer's access for fraud or a breach of this Agreement.
3. Buyer violates the Usage Policy (e.g., leaks or redistributes content).
4. Seller deletes the specific content from the platform.

4. Buyer Obligations

• Do not redistribute, publish, resell, or share content with anyone else.
• Do not bypass DRM or security features.
• Indemnify BlushFans for losses from:
• Unauthorized content distribution, or
• Unjustified chargebacks.

5. Seller Obligations

• Warrant that they own or have rights to all uploaded content.
• Accept BlushFans' final authority on moderation and removal.
• Acknowledge earnings are governed only by the Seller Earnings & Payouts policy, not by claims against Buyers.
• Agree that Buyers may download the content from the BlushFans link after purchase.

6. Cancellations & Refunds

• By completing a transaction, Buyer requests immediate access to digital content.
• Buyer waives statutory cooling‑off / cancellation rights once content is made available, where legally permissible.
• Refunds are only at BlushFans' sole discretion or where required by law.

7. Disclaimers / No Guarantees

Content and service are provided“as‑is”. BlushFans does not guarantee:

• Content will remain available indefinitely (Sellers may delete content/history).
• Error‑free or uninterrupted technology.
• That content will meet Buyer expectations or work on all devices.

8. Governing Law & Jurisdiction

• Governed by the laws of Cyprus (excluding conflict rules); disputes go to courts at HEVEA TORUS LTD's registered seat in Cyprus.
• Consumer protection: Mandatory consumer rights in Buyer's country of residence remain unaffected where they cannot be waived by contract.