Velvr — Terms of Service

Version: v1.0 (Beta) — effective 2026-05-27. Subject to update; see Section 13 (Modifications to Terms).

Velvr Terms of Service

Effective Date: 2026-05-27 Last Updated: 2026-05-27

Preamble

These Terms of Service ("Terms", "Agreement") constitute a legally binding contract between you ("Customer", "you", "your") and MAKOA LLC, a Florida limited liability company operating the software-as-a-service platform "Velvr" ("Velvr", "we", "us", "our").

These Terms govern your access to and use of velvr.app, related applications, and all features and services offered by Velvr (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

These Terms incorporate by reference the Velvr Privacy Policy, Data Processing Agreement (DPA), Acceptable Use Policy (AUP), and Refund Policy. Together they form the complete "Velvr Agreement". In case of conflict, the following order of precedence applies: (1) the DPA, (2) these Terms, (3) the AUP, (4) the Privacy Policy, (5) the Refund Policy.

1. Beta Service Notice

1.1. The Service is currently offered as a beta product. Features, functionality, and these Terms may evolve substantially during the beta period. Velvr reserves the right to update these Terms with reasonable notice (Section 13) as the Service matures and as legal review by qualified counsel is completed.

1.2. You acknowledge that beta software may contain errors, may experience downtime, and may have features added, modified, or removed without prior notice. By using the Service during the beta period, you accept these limitations.

1.3. A prominent "Beta" indicator will remain visible in the Service user interface during this period.

2. Eligibility

2.1. Age and Authority. By accessing the Service, you represent and warrant that:

(a) you are at least 18 years old; (b) you have the legal authority to enter into this Agreement on your own behalf or on behalf of the entity you represent; (c) your use of the Service does not violate any law applicable to you.

2.2. Velvr may terminate any account that misrepresents Eligibility under Section 2.1 without liability.

2.3. Geographic Availability. The Service is offered to creators in the United States and the European Union/EEA, and is intended for that audience. For users in the EU/EEA, Velvr processes personal data under the safeguards described in the Privacy Policy and DPA — Standard Contractual Clauses for transfers to the United States, and an EU Representative under Article 27 GDPR named in the Privacy Policy. Availability in further jurisdictions (such as the United Kingdom or Switzerland) will be announced through the Service once the corresponding local representation is in place.

3. Account Registration and Security

3.1. To use the Service, you must create an account using a valid email address and other required information.

3.2. You are solely responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities that occur under your account; (c) immediately notifying Velvr of any unauthorized access or security breach.

3.3. Each account is for one individual or one legal entity. You may not share, sell, transfer, or sublicense your account.

3.4. Velvr may require account verification (including identity verification or LLC documentation) at any time to comply with applicable law or platform requirements (including Fanvue API Policy).

4. The Service

4.1. Velvr provides software-as-a-service tools for content creators operating on third-party platforms (primarily Fanvue), including but not limited to:

(a) Vault content management and synchronization; (b) AI-assisted fan messaging (the "AI Auto-Reply Feature"); (c) AI-assisted message composition for manual sending (the "Composer Feature"); (d) PPV (pay-per-view) package management and analytics; (e) Revenue analytics and fan segmentation; (f) Audit logging and compliance tooling.

4.2. The Service operates by connecting to your third-party platform account(s) via OAuth authorization (e.g., Fanvue). You grant Velvr the right to access and process data on your behalf within the scope of the OAuth authorization you have granted.

4.3. Velvr is software infrastructure, not a content host. Velvr does not store, distribute, or moderate adult content directly — all such content remains on the third-party platform (e.g., Fanvue) and is subject to that platform's terms and compliance obligations (including 18 U.S.C. §2257 record-keeping where applicable).

5. AI Auto-Reply Feature — Specific Acknowledgments

5.1. Activation. The AI Auto-Reply Feature is disabled by default. You enable it per persona via a master switch; the first time you enable it for a persona you must complete the acknowledgment in Section 5.2. Once enabled, AI Auto-Reply applies to conversations under that persona, and you may mute it for any individual conversation at any time. Each activation, mute, and deactivation is recorded in the Service's audit log.

5.2. Initial Activation Acknowledgment. Upon first activation of the AI Auto-Reply Feature for any given persona, the Service displays an acknowledgment modal. You must affirmatively acknowledge that:

(a) AI will send messages on your behalf without your prior review for each individual reply; (b) you remain solely responsible for the content sent under your persona identity; (c) you adopt the Velvr Operational Defaults (validator pipeline, hard limits, AI model configuration, disclosure layer) as your documented technical and organizational instructions for the AI processing; (d) you may deactivate the feature at any time without penalty.

5.3. Mechanical Disclosure Compliance. As a safeguard, Velvr automatically ensures that the first AI-generated reply in each new conversation contains an AI-disclosure marker, in compliance with the EU AI Act Article 50 (as applicable) and analogous transparency requirements. The specific disclosure wording is described in the Velvr Operational Defaults and can be previewed per persona in the Service interface.

5.4. No Automated Decisions with Legal Effect. The AI Auto-Reply Feature does not make automated decisions producing legal or similarly significant effects within the meaning of GDPR Article 22 or analogous laws. Pricing decisions for PPV content remain configured exclusively by you.

5.5. Output Limitations. AI-generated content may contain inaccuracies, may not always be available, and may be unsuitable for specific contexts. Velvr provides the validator pipeline as a best-effort safeguard but does not warrant absolute output quality. You acknowledge that AI-generated content is provided on an "as-is" basis.

6. Customer Obligations and Representations

6.1. Lawful Use. You agree to use the Service only in compliance with: (a) these Terms; (b) the Velvr Acceptable Use Policy; (c) the terms of service and acceptable use policies of any connected third-party platforms (including Fanvue); and (d) all applicable laws and regulations.

6.2. Authorization to Process. You represent and warrant that:

(a) you have the right and authority to authorize Velvr's processing of all data provided to or accessed via the Service; (b) you have obtained any required consents from data subjects (including fans on Fanvue) for such processing; (c) you act as the Data Controller for the personal data processed through the Service, and Velvr acts as your Data Processor, as set forth in the DPA; (d) you maintain valid lawful bases under applicable data protection laws (GDPR, CCPA, FIPA, etc., as applicable to your customer base); (e) you have a valid, enforceable contractual or legal basis for operating the third-party platform accounts you connect to the Service.

6.3. No Misrepresentation. You will not use the Service to: (a) misrepresent yourself or another person; (b) impersonate any individual without lawful authorization; (c) create personas that purport to be real, identifiable persons without their explicit written consent; (d) violate any law, regulation, or third-party rights. Additional prohibited uses are set forth in the AUP.

6.4. Indemnification of Velvr. You agree to indemnify, defend, and hold harmless Velvr, its affiliates, officers, managers, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms, the AUP, or the DPA; (b) your violation of any law or third-party rights; (c) any content you cause to be transmitted through the Service; (d) any claim by a fan, third-party platform, regulator, or other party alleging unauthorized or unlawful use.

7. Fees and Payment

7.1. The Service is offered through subscription plans (Discovery, Starter, Pro, Agency) available in the Fanvue App Store. Fees and plan features are presented at the point of subscription and are governed by the Refund Policy.

7.2. Token Allowance. Certain features (AI-Auto-Reply, AI-Vision-Captioning, AI-Composer) consume tokens from a monthly allowance included in your subscription tier. Token allowances are not separately purchasable. Hard-cap behavior at allowance exhaustion is described in the Service and in the Refund Policy.

7.3. All fees are charged in US Dollars and are non-refundable except as expressly provided in the Refund Policy.

7.4. Payment Processing. For plans listed in the Fanvue App Store, Fanvue acts as merchant-of-record and processes payment, applicable tax, and refunds; your purchase is subject to Fanvue's applicable terms. Off-Fanvue Enterprise plans, where offered, are billed via Stripe, Inc., subject to Stripe's terms and privacy policy.

7.5. Failed Payments. For Fanvue-billed plans, payment retries and dunning are handled by Fanvue; Velvr suspends paid features when Fanvue reports the subscription as unpaid or lapsed. For Enterprise plans, Velvr may suspend or terminate access for unpaid fees following reasonable notice.

8. Intellectual Property

8.1. Velvr IP. Velvr retains all rights, title, and interest in and to the Service, including all software, algorithms, user interfaces, content, trademarks, and other intellectual property. Nothing in these Terms grants you any rights to Velvr's intellectual property except the limited license to use the Service.

8.2. Customer Content. You retain ownership of the data and content you provide to or process through the Service ("Customer Content"). You grant Velvr a worldwide, non-exclusive, royalty-free license to host, store, process, and display Customer Content solely for the purpose of providing the Service.

8.3. Aggregated Data. Velvr may generate aggregated, anonymized data derived from your use of the Service for internal analytics, security, fraud prevention, and product improvement purposes, as set forth in the DPA Annex IV. Such aggregated data does not identify you or any individual.

8.4. Feedback. Any feedback, suggestions, or ideas you provide regarding the Service may be used by Velvr without restriction or compensation.

9. Disclaimers and Limitation of Liability

9.1. AS IS BASIS. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9.2. AI Output Disclaimer. AI-GENERATED CONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND. VELVR DISCLAIMS ALL RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR LEGAL COMPLIANCE OF AI-GENERATED CONTENT IN YOUR SPECIFIC USE CONTEXT.

9.3. THIRD-PARTY PLATFORMS. VELVR IS NOT RESPONSIBLE FOR THE AVAILABILITY, FUNCTIONALITY, TERMS, OR ACTIONS OF ANY THIRD-PARTY PLATFORM (INCLUDING FANVUE). YOUR USE OF SUCH PLATFORMS IS SUBJECT TO THEIR RESPECTIVE TERMS.

9.4. Limitation of Liability. EXCEPT IN CASES OF FRAUD, WILLFUL MISCONDUCT, OR WHERE LIMITATION IS PROHIBITED BY LAW:

(a) IN NO EVENT WILL VELVR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (b) VELVR'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) ONE HUNDRED PERCENT (100%) OF THE FEES YOU PAID TO VELVR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE THOUSAND U.S. DOLLARS ($1,000).

9.5. Allocation of Risk. You acknowledge that the limitations of liability in this Section 9 are fundamental elements of the bargain and that Velvr would not be able to offer the Service economically without such limitations.

10. Term, Termination, and Suspension

10.1. Term. These Terms are effective upon your acceptance and continue until terminated as set forth herein.

10.2. Termination by Customer. You may terminate your account at any time by following the cancellation procedure in the Service. Refunds are governed by the Refund Policy.

10.3. Termination by Velvr. Velvr may suspend or terminate your account, at its sole discretion, with or without notice, in cases of: (a) material breach of these Terms, the AUP, or the DPA; (b) violation of applicable law or third-party rights; (c) non-payment of fees; (d) suspected fraudulent activity; (e) requests from law enforcement or regulators; (f) circumstances that materially threaten Velvr's reputation or business operations.

10.4. Effect of Termination. Upon termination: (a) your right to use the Service ceases immediately; (b) Velvr will retain and delete your data in accordance with the DPA Section 11 (90-day deletion or return); (c) provisions of these Terms that by their nature should survive (including Sections 6.4, 8, 9, 14) will survive termination.

11. Compliance with Third-Party Platform Terms

11.1. You acknowledge that your use of the Service may be subject to the terms, policies, and acceptable use rules of third-party platforms (including Fanvue). Velvr does not warrant compatibility with such third-party terms and disclaims liability for any consequences (including account suspension on those platforms) resulting from your use of the Service in conjunction with them.

11.2. Fanvue-Specific. Velvr operates as an authorized third-party application under the Fanvue API Access and Usage Policy. You are responsible for: (a) maintaining your own Fanvue account in good standing; (b) ensuring your use of Velvr complies with the Fanvue Acceptable Use Policy and Community Guidelines; (c) any 18 U.S.C. §2257 record-keeping or analogous obligations for content hosted on Fanvue (such obligations remain with Fanvue and you as content provider, not with Velvr).

12. Privacy and Data Protection

12.1. Velvr's processing of personal data is governed by the Velvr Privacy Policy and the Data Processing Agreement (DPA), both incorporated by reference.

12.2. By accepting these Terms, you also accept the DPA as the governing document for Velvr's processing of personal data on your behalf.

12.3. You agree to comply with all applicable data protection laws (CCPA, FIPA, GDPR where applicable, etc.) for personal data you provide to or process through the Service.

13. Modifications to Terms

13.1. Right to Update. Velvr may modify these Terms at any time during the beta period and thereafter with reasonable notice. Modifications take effect: (a) immediately upon posting for non-material changes (e.g., clarifications, corrections); (b) after thirty (30) days' notice for material changes that materially diminish your rights.

13.2. Notice of Changes. Notice will be provided via email to your registered account address and/or via in-Service banner.

13.3. Continued Use as Acceptance. Your continued use of the Service after the effective date of modifications constitutes acceptance of the modified Terms. If you do not agree with modifications, your remedy is to terminate your account.

13.4. Re-Acceptance for Material Changes. Material changes to the DPA, the AUP, or substantive parts of these Terms may require affirmative re-acceptance through the Service (Click-Through mechanism) before continuing use.

14. Governing Law and Dispute Resolution

14.1. Governing Law. These Terms shall be governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles.

14.2. Jurisdiction. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida, except that Velvr may bring proceedings for injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

14.3. No Class Actions. To the extent permitted by applicable law, you and Velvr each agree to resolve disputes on an individual basis only, and not as part of a class action or representative proceeding.

15. General Provisions

15.1. Entire Agreement. These Terms, together with the DPA, AUP, Privacy Policy, and Refund Policy, constitute the entire agreement between you and Velvr regarding the Service.

15.2. Assignment. You may not assign or transfer these Terms without Velvr's prior written consent. Velvr may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

15.3. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

15.4. Waiver. No waiver of any provision shall be deemed a waiver of any other provision or of subsequent breaches of the same provision.

15.5. Force Majeure. Velvr shall not be liable for delays or failures caused by events beyond its reasonable control.

15.6. Notices to Customer. Notices to you will be sent to the primary email address registered with your account. Notices are deemed delivered 24 hours after sending.

15.7. Notices to Velvr. Notices to Velvr should be sent to:

• General inquiries: hello@velvr.app
• Legal notices: legal@velvr.app
• Privacy / Data protection: dpo@velvr.app
• Formal legal service of process: MAKOA LLC c/o Northwest Registered Agent LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702

15.8. Independent Contractors. Velvr and Customer are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

16. Contact

MAKOA LLC (operating Velvr) 3833 Powerline Rd, Suite 201 Fort Lauderdale, FL 33309 United States

General contact: hello@velvr.app Privacy / DPO: dpo@velvr.app Legal: legal@velvr.app