Last updated: 20th of April 2023

Welcome!

These Terms and Conditions form a legally binding contract between you and FairTech OÜ - so please read them carefully. Should you have any difficulties understanding any part, or any other issues or concerns, please feel free to contact us. (Please keep in mind, however, any explanation we provide cannot be considered legal advice.)

By using our services (whether you are a registered user or a visitor), you agree to our Terms and Conditions as well as the Privacy Policy.

0. Part of your agreement

These Terms and Conditions govern your agreement with us. Certain other terms or policies forming part of our Terms and Conditions will also apply to you and form part of your agreement with us, as follows:

• Privacy Policy;

• The Standard Agreement between Seller and Buyer does not form part of your agreement with us but governs and sets out the terms applicable to each Buyer/Seller Transaction you enter into on BetterSub.

In case of conflict between these Terms and Conditions and any of the terms or policies listed right above, the Terms and Conditions will apply to the extent of the conflict.

1. Definitions

In our Terms and Conditions, the following definitions will apply:

“Terms and Conditions” or “your agreement with us” mean the entire agreement between you and us.

“BetterSub” means the websites located at www.better-sub.com.

“BetterSub”, “we”, “our”, and “us” means the company operating Better-sub.com, located at Viru tänav 4, 10140, Tallinn, Estonia, and incorporated under the number 16716663.

“Services” means an online services platform for Sellers and Buyers, where they can meet online and share the adult content from the Sellers to Buyers.

“User”, “you”, and “your” means any user of BetterSub, whether a Buyer or a Seller, or both.

“Buyer” means a User who buys Content from a Seller, makes donations or subscribes to a Seller.

“Seller” means a User who has set up their BetterSub account as a Seller account to post Content on BetterSub to be viewed or bought by other Users.

“Content” means any material uploaded to BetterSub by any User, including any photos, videos, audio (for example, music and other sounds), live stream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.

“Buyer/Seller Transaction” means any transaction between a Buyer and a Seller on BetterSub, including any of the following types of transactions:

• a Subscription

• payments made by a Buyer to a Seller to donate money

• payments made by a Buyer to a Seller for any other paid feature available now or in the future.

“Buyer Payment” means all payments made by a Buyer for any Buyer/Seller Transaction and all donations/tributes.

“Payment Processing Fee” means the fee charged by FairTech OÜ to Sellers under the Seller’s Terms and Conditions.

“Subscription” means a Buyer’s subscription to a Seller’s account.

2. Nature of The Relationship

You acknowledge and agree that nothing in these Terms and Conditions shall be construed as creating any agency, franchise, employment relationship, joint or collaborative venture, or partnership of any kind between you and us, our employees, agents, or assignees. The parties expressly disclaim the existence of any of these relationships. Neither party is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

You acknowledge and agree that you shall be solely responsible for any legal liabilities or consequences resulting from your decisions and acts relating to any content provided to us pursuant to these Terms and Conditions.

In addition, the following applies to Sellers:

• For the purpose of your agreement with us, you are understood to be solely an independent contractor, and in no way should you be considered an employee or partner of FairTech OÜ.

• You are responsible for the payment of all government, state, and local taxes, levies, or any other similar fees.

• We make no promises or guarantees of any kind that Sellers will make a particular sum of money (or any money) from their use of BetterSub.

3. Your Account

You must create an account to access many of BetterSub’s features. Registration is free and for a single user only.

You are responsible for any activity that occurs in your account. You are responsible for keeping your account secure. We recommend that you have a strong password and two-step authentication for your email registered on BetterSub.

We have the right to restrict access to your account temporarily or permanently and/or delete your account by our sole decision.

4. Your License

Other than Content (which is owned by or licensed to Sellers), all rights in and to BetterSub, 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.

BetterSub grants the User not limited, non-exclusive, non-transferable, non-sublicensable license to use the website on the user's device. BetterSub reserves all rights in and to the website not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the website; (ii) distribute, transfer, sublicense, lease, lend or rent the User’s account on the website to any third party; (iii) reverse engineer, decompile or disassemble the website; or (iv) make the functionality of the website available to multiple users through any means.

BetterSub grants you a personal, worldwide, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms and Conditions allow. This license is provided for the whole duration of these Terms and Conditions.

You agree that any software we provide you may automatically download and install upgrades, updates, or other new features.

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

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you extract or attempt to extract the source code. You may not download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as these Terms and Conditions are set forth.

Whenever you purchase content from a Seller through BetterSub, the Seller retains whatever intellectual property rights and personal rights he/she/they have. In particular, you may not:

• Use it for other websites or commercial purposes;

• Share with others or post online;

• Re-sell or distribute the content whatsoever.

5. The License You Grant Us

You agree to grant us a license under 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 BetterSub. Such acts include editing, creating adaptations or derivative works, hosting, storing, using, reproducing, making available and communicating to the public, broadcasting, performing, distributing, syndicating, promoting, translating, and publicly displaying that content in any form and in any and all media, digital supports or distribution methods (now known or later developed).

The license you grant us under the sub-section right above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable. 

We will use this license for the limited purpose of operating, developing, providing, promoting, and improving the Services; researching and developing new ones; and making content submitted through the Services available to our business partners for syndication, broadcast, distribution, or publication outside the Services.

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 BetterSub. The waiver is intended to allow us, when dealing with your Content, to add watermarks, stickers, or text to your Content.

6. Subscriptions and Purchases

This section describes the terms which apply to Buyer/Seller Transactions.

All Buyer/Seller Transactions are contracts between Buyers and Sellers on the terms of the Standard Agreement between Buyer and Seller. Although we facilitate Buyer/Seller Transactions by providing the BetterSub platform and storing Content, we are not a party to the Standard Agreement between Buyer and Seller or any other contract which may exist between a Buyer and Seller and are not responsible for any Buyer/Seller Transactions.

Sellers are solely responsible for determining (within the parameters for pricing on BetterSub) the pricing applicable to Buyer/Seller Transactions and the Content to which you may be given access.

Prices appear in USD or Euro depending on your location when accessing BetterSub. Prices in USD and Euro are determined solely by Sellers (within the parameters for pricing on BetterSub).

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

You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Buyer Payment. All Buyer Payments will be charged in USD or Euro depending on Buyer’s location at purchase time. 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 will not be responsible for paying any costs or fees imposed by your payment card provider or bank.

If you choose to provide details of two or more payment cards, then if you try to make a Buyer Payment from the first card and the card is rejected for any reason, then the other payment card may be used to collect the full Buyer Payment.

The payment provider will take the following:

• Periodic payments from your payment card for Buyer Payments which are Subscriptions;

• Immediate payments from your payment card for Buyer Payments other than Subscriptions (including any donations paid by you to a Seller). You authorize and consent to debit these payments using your supplied payment card details.

Apart from free-trial Subscriptions, all Subscriptions to a Seller’s product 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” feature at purchase time. To stop subscribing to a Seller’s profile and paying continuing monthly subscription charges, turn off the “Auto-Renew” feature at purchase time or cancel your subscription by logging into your account.

You agree that you will not make unjustified requests for a refund for any Buyer/Seller Transaction or unjustified chargeback requests of your payment card provider in relation to any Buyer/Seller Transaction. If 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.

7. Fees Charged to Sellers

When using our Services, we will charge you fees by deducting the related amount from your earnings. Here is the list of fees we may charge you:

• Payment Processing Fee whenever we process a Buyer Payment, the amount of the fee varies based on the payment method used by the Buyer;

• Transfer Fee whenever we send you your earnings as part of a payout, the amount of the fee varies based on your payout method;

• Conversion Fee whenever we send you your earnings as part of a payout and must convert currencies to do so, the amount of the fee is a percentage of the amount of money converted;

• Refund Fee whenever we refund, partially or in totality, a Buyer Payment of a Buyer/Seller Transaction in which you are a Seller;

We may be required to charge you VAT on our fees, depending on your country of residence.

8. Earnings of Sellers

Your earnings on a Buyer/Seller Transaction are equal to the total paid by the Buyer (in USD or EUR) minus our Payment Processing Fee.

In case of fraud, technical error, and/or customer refunds, we may adjust or deduct the amount of money we owe you at any time, without advance notice, to reflect the money which we have actually received and serves as a base for calculating your earnings.

We may withhold all or any part of the Seller 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 our Terms and Conditions;

• We suspect that all or any part of the Seller Earnings result from unlawful or fraudulent activity, either by you or by the Buyer who made the Buyer Payment resulting in the Seller Earnings

If any of those cases apply, we may withhold all or any part of the Seller Earnings due to you but not yet paid out 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 the Seller Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Seller Earnings.

We may also withhold all or any part of the Seller 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 Seller Earnings. We undertake no duty to pay Seller Earnings to third-party lienholders and may withhold payment of Seller Earnings until the lien has been removed.

We shall not have any responsibility to you if we withhold or forfeit any of your Seller Earnings where we have a right to do so under these Seller’s Terms and Conditions.

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

If we suspend access to your Seller account or terminate your agreement with us and your access to BetterSub, we will let you know. When access to your Seller account is suspended, any Buyer 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 Seller Earnings due to you but not yet paid out.

Your BetterSub account will be updated within a reasonable time with your Seller Earnings.

The amount you see in your balance as ‘total earnings’ in your BetterSub account is your Seller Earnings (not yet paid out to you) at the relevant time.

Your Earnings are indicated in both USD and EUR.

9. Payouts to Sellers

Every month, if your Earnings balance exceeds the minimum you have set, we pay you your Earnings. If the balance does not exceed the minimum that you have set, then the balance will carry forward to the next week until it exceeds the minimum.

To receive your payment, you must have an Active Payout Method (for example, a bank account in your name) listed in your Seller account. If you do not have an active Payout Method, your balance will not be paid and carried forward to the next month until you have an active Active Payout Method.

Please note that between the time we issue payouts, and the time you receive your payment, there might be a delay depending on your country of residence and the type of payout method.

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 will not be responsible for paying any charges imposed by your bank or your e-wallet company.

10. Moderation and Monitoring

All Content is created, selected, and provided by Users, not us. We are not responsible for reviewing or moderating Content, and we do not modify, authorize, or approve the Content stored or transmitted via BetterSub.

We have the right to delete any content from BetterSub by our sole decision without prior notification.

We have the right to:

• take any action concerning any Content that we consider necessary or appropriate in our sole discretion;

• terminate or suspend your access to all or part of our Services for any reason or no reason.

11. Modifying the Services and Termination

We’re continuously improving our Services and creating new ones. That means we may add or remove features or functionality and suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

You can terminate these Terms and Conditions at any time and for any reason by sending us an email to support@better-sub.com

BetterSub may also terminate these Terms and Conditions with you at any time, for any reason, with or without cause, with a 1-month prior notice. That means we may stop providing you with any Services or impose new or additional limits on your ability to use the Services.

BetterSub may terminate these Terms and Conditions with you at any time without prior notice in case you breach our terms or policies.

12. Third-Party Services

If you use a service, feature, or functionality operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you.

If BetterSub contains links to other sites and resources provided by third parties, these links and resources are provided for your convenience only. 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.

13. Ownership; Proprietary rights of BetterSub

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Product (hereinafter – “the Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws.

All Materials contained within the Services are our property or its third-party licensors.

If the Services and/or website contains any materials, interfaces, logos, designs, products, or something else that is not our intellectual property and we do not have licenses for using it, the licensor has the right to request to delete its intellectual property from our website according to the procedures defined in the Digital Millennium Copyright Act (hereinafter referred as to – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter referred as to – “EUCD”).

We do not claim to be the owners or representatives of the trademarks, brands, and intellectual properties of other sides and remain the property of the original copyright owners.

Except as expressly authorized by us in writing, you may not use the Materials.

We reserve all rights to the Materials not granted expressly in this Terms.

14. Prohibited Uses

As a condition of your use of the website and our Services, you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner that could damage, disable, overburden, disrupt, or impair any of BetterSub’s servers or APIs, any networks connected to any of BetterSub’s servers or APIs, or that could interfere with any other party's use and enjoyment of the website.

You may not transmit viruses, worms, defects, trojan horses, or any items of a destructive nature using the website.

You and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

You and/or any other third parties may not use the website in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD.

15. Indemnity

You agree to indemnify, defend, and hold harmless FairTech OÜ, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) due to, arising out of, or relating in any way to your access to or use of the Services or your breach of these Terms and Conditions. 

If you agree to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.

16. Warranties

Our website and Services are made available for you on an “as is” and “as available” basis, with the express understanding that BetterSub has no obligation to monitor, control, or vet the content or data appearing on the website.

We are devoted to conducting lawful business, but we can only do so if you guarantee us the following:

1. You own all rights and interest in the content you submit to our Services sufficient to lawfully and fully convey and grant to BetterSub all the rights set forth herein, and that all use of the submitted content consistent with the rights granted to BetterSub in these Terms and Conditions shall not infringe, violate, or misappropriate any person’s or entity’s rights of any kind, including, without limitation, any contract, copyright, trademark right, right of publicity, right of privacy, any rights in name, likeness, voice or persona, or any subject to the copyright laws of the European Union.

2. You have, and at all times until the termination of those Terms and Conditions shall continue to have, the full right of authority to grant all rights to BetterSub in and to the submitted content as set forth in these Terms and Conditions and to perform all other obligations, warranties, and indemnifications set forth in these Terms and Conditions.

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

4. You will ensure that all information you submit to us is truthful, accurate, and complete. You will promptly update any of the information you have submitted to us as and when it changes.

5. You will keep your account/login information confidential and secure, including your user details, passwords, and other information that is part of our security procedures. You will not disclose these to anyone else. You will contact support@better-sub.com promptly if you believe someone has used or is using your account without your permission or if your account has been compromised.

6. You are responsible for all activity on your account, even if someone else uses your account, contrary to our Terms and Conditions.

17. Disclaimers

We try to keep the Services up and running a hundred percent of the time, free of annoyances. But zero risk does not exist; hence we cannot promise we will succeed.

You are using the website and our services at your risk and discretion.

BetterSub makes no claims or promises about the website's quality, accuracy, or reliability and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, while BetterSub attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free, or timely; (b) the Services will always function without delays, disruptions, or imperfections; or (c) that any BetterSub content, user content, or information obtained on or through the services will be timely or accurate. BetterSub is providing its best efforts but may not be held liable for any of the above for as long as it performs its obligations pursuant to these terms.

BetterSub takes no responsibility and assumes no liability for any content you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services.

The User agrees to remain in compliance with all applicable laws that relate to commercial or public sector bribes, money laundering, terrorism (including but not limited to local anti-corruption laws, Canada’s Corruption of Foreign Public Officials Act, the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the U.K. Bribery Act).

If the User, at any point in time, fails to be compliant, BetterSub reserves the right to terminate the User’s account without any notice.

Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information unrestrictedly without compensating you.

18. Limitation of Liability

In any case, BetterSub will not be liable to the User or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the User’s access to or use of, or the User’s inability to access or use, the website or any materials or content on the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not BetterSub have been informed about of the possibility of such damage.

BetterSub, in any case, is not responsible for services provided to the User by the third party who advertised on the website.

All risks related to the User’s information, account, or accounts on other sources, if the User shared his data (login and password), are not a part of BetterSub’s responsibility.

The User accepts responsibility for using the website and the Crontent.

19. Notices

You may serve us official notices by sending emails to support@better-sub.com.

We may serve you official notices either by:

• Sending you emails to the verified email address in your account;

• Posting information in “notification” sections within the administrative areas of our Services.

• Preventing your access to the Services until acceptance of the notice.

It is your responsibility to monitor and review the “notification” sections. All notices shall be legally binding upon acceptance.

The User also agrees that all electronic notices, disclosures, agreements, and other communications we provide meet the legal requirements that such communications be in writing.

20. Limitation period for bringing claims

Except where prohibited by applicable law, a party will not file a claim arising out of or relating to BetterSub or your agreement with us more than one year after the cause of action arose. Any claim brought after one year is barred.

21. Transfer of Rights and Obligations

Our rights and obligations under your agreement with us can be assigned or transferred by us to other third parties or affiliated legal entities. This could occur if our ownership changes (merger, acquisition, or sale of assets) or by law. In addition, we 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 duties.

You must not assign your rights or delegate your performance under your agreement with us without our prior written consent. Any attempted rights assignment or performance delegation in breach of this section is void.

22. Final Terms

These Terms make up the entire agreement between you and BetterSub and supersede any prior agreements.

These Terms do not create or confer any third-party beneficiary rights.

It will not be considered a waiver if we do not enforce a provision in these Terms.

We reserve all rights not expressly granted to you.

Nothing herein shall be construed to limit or prevent either party’s abilities to conduct their respective business with respect to matters not subject to these Terms.

23. Severability

If any provision of our Terms is found unenforceable, then that provision will be severed from our Terms and not affect the validity and enforceability of any remaining provisions.

24. Governing Law

The laws of Estonia will govern all disputes between you and BetterSub.