Creator Agreement

1. Scope and precedence

This Creator Agreement (the “Agreement”) is between you and DigitLumin Technologies LLC (“we”, “us”, “our”). You accept this Agreement when you submit your Creator application. It applies in addition to the Terms of Service and the Incorporated Policies and takes effect from the moment your Creator application is approved. It prevails over the Terms to the extent of any conflict on a matter it addresses. Capitalised terms not defined here have the meanings given in the Terms.

“You” means the individual whose identity we verified. The Agreement is personal to you and may not be assigned or transferred. If another person assists you in operating your account, our relationship remains with you alone, you must not give that person access to your credentials, and you remain responsible for everything done through your account.

2. Eligibility and verification

Before you may publish or earn, you must complete verification by providing your legal name, your date of birth, a government-issued photographic identity document (front and back) and a photograph of you holding that document, and by confirming your agreement to this Agreement. Applications are reviewed individually by a member of our staff.

You must be at least 18 years of age and legally able to enter into this Agreement in the place where you reside, and it must be lawful for you to create and publish sexually explicit Content there. We may require you to re-verify at any time, may require additional information where a law, a payment provider or a court requires it, and may suspend your account until you do so.

We may decline any application at our discretion and are not required to give reasons. Verification confirms that a person matching the document applied; it is not a guarantee by us to any Fan, and you must not describe it as one.

3. Independent contractor status and taxes

You are an independent contractor. Nothing in this Agreement creates an employment relationship, partnership, joint venture, franchise or agency between you and DigitLumin Technologies LLC, and you have no authority to bind us. You are not entitled to any employment benefit, insurance, holiday pay or other entitlement of an employee, and you are not exclusive to the Platform.

You alone decide when you work, whether to accept a call, whether to answer a message, what you offer and what you charge. We do not direct your performance, set your hours, require you to be available, or supervise what you say or do on a call. We provide the Platform; you provide your Content and your time, on your own account and at your own risk.

Taxes. You are solely responsible for determining, reporting and paying all taxes, social contributions and levies arising from your earnings on the Platform, in every jurisdiction that applies to you, and for any licence, registration, permit or insurance your jurisdiction requires of you. We pay you in stablecoin; what you receive is income in your jurisdiction in the same way that a payment in dollars would be. We do not withhold tax and we do not provide tax advice. Where the law requires it, we will ask you for tax documentation, such as a Form W-9 if you are a United States person or the applicable Form W-8 if you are not, and we may report payments to the relevant authority and withhold where the law obliges us to. You must provide accurate tax details when asked, keep them current, and indemnify us against any tax, penalty or interest we incur because you did not.

4. Your Content, your records and your warranties

You retain ownership of everything you create. You grant us the licence set out in the Terms of Service so that we can host, display and, where a Fan’s language requires it, translate your Content on the Platform, and that licence ends when the Content is removed, subject to the exceptions the Terms describe. You also grant us the right to use your handle, display name, avatar and public album images to identify you within the Platform and in the discovery features of the Platform, and for no other purpose without your consent.

You are the producer of your Content, and that status carries obligations:

• Every person appearing in anything you upload must have been at least 18 years of age when the Content was created and must have given informed, documented consent to the depiction and to its publication on the Platform.
• You must create, maintain and make available the records that 18 U.S.C. §2257 and 28 C.F.R. Part 75 require, including a legible copy of a government-issued identity document for every person depicted, and you must produce them to us within 5 business days of our request.
• You must comply with the Acceptable Use Policy in everything you post, send and say on a call.
• Your profile photo and the three photos in your public album are visible to everyone, including visitors who have not signed in, and must comply with the public-image standard: suggestive is permitted; explicit is not.
• You must not publish Content that you have copied from another Creator or from another platform without the right to do so, and you must not publish any depiction of a real person generated or altered by artificial means without that person’s documented consent.

You represent and warrant that you own or hold all rights, licences, consents and releases needed to publish your Content and to grant the licences above, that your Content does not infringe any person’s rights or any law, and that everything you tell a Fan about your identity, age and location is true.

If you cannot evidence the age and consent of a person in your Content, do not upload it. We remove Content we cannot verify, and we terminate accounts that cannot produce records. We may also remove or decline to publish any Content, at any time, where we consider that it exposes us, you or any person to legal risk.

5. Pricing and earnings

You set your own prices: a per-message price, a per-minute price for video calls and a per-minute price for voice calls. You may change them at any time and may switch off incoming calls. A price change applies to Creator Interactions that begin after it is saved, and never to a Token that has already been spent.

DigitLumin Technologies LLC retains a standard platform fee of 20% of the value of every Token a Fan spends on you. You earn the remaining 80%. Every figure the Platform shows you, including your balance, your totals for any period and your earnings from a given client, is stated net of our fee. There is no further deduction, other than a network fee on certain withdrawals as described in section 6, which is quoted to you before you confirm.

The first 100 Creators whose applications we approve hold a founding rate instead: a platform fee of 15%, so you earn 85%. A founding rate is assigned when your application is approved and stays with your account for as long as the account remains in good standing. It is not transferable to another account or person. It is released if your account is erased or banned. Where this Agreement refers to the platform fee that applies to you, it means your founding rate if you hold one and the standard platform fee otherwise.

We may change the standard platform fee on not less than 30 days’ notice; a change applies only to Tokens spent after it takes effect. A change to the standard fee does not apply to an account holding a founding rate.

Replying to a Fan costs you nothing. A message sent with a complimentary Credit earns you nothing. Paid messages are earned when the Fan spends the Tokens; call minutes are earned as each minute is charged to the Fan.

A Gift a Fan sends you during a call is a Creator Interaction. You earn the number of Tokens shown on the Gift less the platform fee that applies to you, credited to your balance when the Fan is charged, which is the moment the Gift is sent. You do not set the price of a Gift: the ladder is the same for every Creator on the Platform, and we may change it on not less than 30 days’ notice. Every gift figure the Platform shows you is stated net of our fee, including the one on the call screen while the Gift is playing.

Orbit is our revenue sharing program. You may name one other Creator who brought you to the Platform. You may do so once, and the link cannot be changed or removed afterwards. For as long as both accounts exist, we pay that Creator 5% of the value of every Token a Fan spends on you, out of our platform fee and not out of your earnings, so your own share is not reduced. The commission is computed on each UTC calendar month once that month has ended and is credited on the 1st. It is never paid on another Creator’s Orbit commission. The Creator who brought you sees who they brought and whether each of them is active; they do not see what you earn. We may change the percentage, or end the program, at our discretion on not less than 30 days’ notice; a change applies only to Tokens spent after it takes effect.

We do not guarantee any level of earnings, any number of Fans, any placement in discovery, or that any Fan will pay you. Earnings are a record of Tokens spent by Fans, not a debt we owe you until they are withdrawable under section 6.

6. Withdrawals

Your earned balance may be withdrawn at any time. There is no minimum withdrawal amount and no pay period, save that a withdrawal must be large enough to cover the network fee in any case where the fee is deducted from it, and that our payment gateway may decline an amount below its own minimum. One Token earned is one United States dollar.

We pay in stablecoin, USDC or USDT, on the networks available in your dashboard at the time, which may include Base, Polygon and Tron and which we may change. You choose an asset and network from those and register a self-custody wallet address for it.

• The address is your responsibility. We send to exactly the address you registered, on exactly the network you chose. A transfer to an address you do not control, or on a network the receiving wallet does not support, cannot be recalled by us or by anyone else, and we cannot make it good. Check the address character by character before saving it, and consider sending a small amount first if you are not certain.
• Changing the address requires a code we email you, every time. If you receive such a code without having requested it, change your password immediately and contact support@planetjoi.com.
• Every withdrawal incurs a network fee, which we quote before you confirm. Where the fee is 1% of the withdrawal amount or less, we pay it. Where it is more, it is deducted from the amount sent. There is nothing further to pay on the receiving side.
• Withdrawals of US$1,000 or more are reviewed by a member of our staff before they are released. We tell you when a withdrawal is held for review.
• A withdrawal may also be held while we investigate suspected fraud, a chargeback or reversal affecting Tokens you earned, a credible complaint concerning your account, or a request from a court, a regulator or a payment provider. We tell you when that happens, unless the law prevents us.

Once sent, a withdrawal is a blockchain transaction. It cannot be reversed by us, and the transaction hash we provide is your receipt. We are not responsible for the availability, fees or operation of any blockchain, wallet or exchange, or for any change in the value of a stablecoin.

7. Recovery, set-off and forfeiture

Where a Fan’s spend on you is reversed or a purchase is refunded after you have earned from it, including because the payment is found to have been fraudulent, unauthorised or disputed, we may recover the corresponding earnings from your balance. If your balance does not cover the amount, we may recover the shortfall from your future earnings or, at our election, absorb it.

We may set off against your balance any amount you owe us under this Agreement or the Terms, including any loss, cost or expense we suffer as a result of your breach.

If your account is terminated for breach of the absolute prohibitions in the Acceptable Use Policy, for recording or publishing a Fan, or for fraud, any unpaid balance is forfeited and no withdrawal is made, to the fullest extent permitted by law.

8. Conduct

In addition to the Acceptable Use Policy, you must not:

• represent yourself as an employee or agent of DigitLumin Technologies LLC, or speak on our behalf;
• use another person’s identity, photographs, likeness or voice as your own, or misstate your age or location;
• arrange, solicit, offer or accept payment for any in-person meeting or sexual service, or use the Platform to advertise one;
• take payment for Platform services outside the Platform, or direct Fans off the Platform in order to avoid our fee;
• record a Fan, or publish, share or disclose anything a Fan sends you, including their identity;
• pressure, threaten or blackmail a Fan, or solicit gifts, money or personal information from a Fan outside the Platform; or
• allow any other person to appear on a call or in Content under your account without the records section 4 requires.

A Fan’s privacy on the Platform is part of what they pay for, and it is protected in both directions. A breach of the recording prohibition results in permanent termination and forfeiture under section 7.

9. Leaving the Platform, and balances owed to you

You may close your Creator account at any time.

Because earned balances must be settled, a Creator account is held for 30 days between the deletion request and the erasure. You confirm the request with a code we email you, together with your handle and password, and you may cancel at any point during those 30 days.

Earnings you had accrued survive the erasure as an obligation we owe you. When the erasure completes, your remaining balance is sent to the withdrawal address on file; a balance of US$1,000 or more is first reviewed under section 6. If it cannot be sent, because no address is registered or because the network fee would consume it, it is recorded as an amount we owe you and is paid when it can be. Erasing your account does not erase what we owe you, and it does not erase the records we are required by law to keep.

We may terminate this Agreement on 30 days’ notice for any reason, or immediately for a breach of the Acceptable Use Policy, for failure to produce records on request, for fraud, or where we are required to do so by law, by a court or by a payment or infrastructure provider.

10. Indemnity, liability and the application of the Terms

The disclaimers, assumption of risk, limitation of liability, release, indemnity, dispute resolution, arbitration, class-action waiver and governing-law provisions of the Terms of Service apply to this Agreement in full and are incorporated into it. In addition, you agree to defend, indemnify and hold harmless the Planet Parties from and against any claim, liability, loss, damage, fine or expense, including reasonable legal fees, arising out of your Content, your records or the absence of them, your dealings with any Fan or any person depicted in your Content, your taxes, or your breach of this Agreement.

Without limiting the Terms, we are not liable to you for any loss of earnings, loss of Fans, loss of Content, or any consequence of the suspension, restriction or termination of your account, or of any change to the Platform, its features, its fees or its availability.

11. Changes

We may amend this Agreement. Where a change materially affects what you earn or what you owe, we give you notice within the Platform or by email at least 30 days before it takes effect, and your continued use of your Creator account after that date constitutes acceptance of the change. If you do not accept the change, you may close your account under section 9 before it takes effect, and the previous version applies to earnings accrued before that date.

12. Contact

Withdrawals, tax documentation, records requests, legal notice and account questions: support@planetjoi.com
Copyright: dmca@planetjoi.com