Terms of Service

1. Who We Are

FanWake is operated by Nord Ecom Oy, a Finnish limited liability company with Business ID 3319424-3, registered in Finland ("FanWake", "we", "us", "our"). Our service is available at https://fanwake.app.

Contact: hello@fanwake.app

2. Acceptance of Terms

By creating an account on FanWake or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Data Processing Agreement (Section 16). If you do not agree, do not use the Service.

3. Definitions

• "Service"The FanWake platform, including all features, APIs, dashboards, and automations.
• "Creator" / "you"A registered FanWake user who operates a creator account on Fanvue.
• "Fan"A third-party individual who subscribes to or interacts with a Creator on Fanvue.
• "AI-Generated Content"Messages, drafts, or communications produced by AI models operating within the Service on your behalf.
• "Fanvue"The third-party subscription platform operated by Fanvue Ltd., independent of FanWake.
• "Autopilot"The AI-driven automated response feature of the Service.
• "PPV"Pay-per-view content promotion functionality within the Service.

4. Eligibility

To use the Service you must:

• Be at least 18 years of age.
• Hold a valid, active creator account on Fanvue in good standing.
• Have the legal capacity to enter into a binding contract in your jurisdiction.
• Not be located in a jurisdiction where the Service is prohibited by law.

By registering, you represent and warrant that you satisfy all eligibility requirements. We reserve the right to terminate accounts that we reasonably believe do not meet these requirements.

5. Description of the Service

FanWake provides creators with tools to automate and enhance fan engagement on Fanvue, including:

• Autopilot: AI-generated replies to fan messages, with configurable approval workflows.
• Re-engage: Automated outreach to dormant or inactive fans.
• PPV Promotion: AI-assisted pitching of pay-per-view content at contextually appropriate moments in conversations.
• Review Dashboard: Tools to review, approve, edit, or reject AI-generated drafts before delivery.
• Analytics: Engagement and conversion metrics for your fan interactions.

The Service operates by connecting to your Fanvue account via OAuth and accessing fan data, message history, and media vault on your behalf.

FanWake may be used by creators who distribute adult content on third-party platforms such as Fanvue. FanWake does not host, store, or distribute adult content directly. All such content resides solely on Fanvue's infrastructure. Creators remain solely responsible for ensuring that all content promoted, referenced, or discussed via the Service complies with applicable laws, age verification requirements, and the policies of any platform on which it is published.

6. Creator Obligations and Responsibilities

6.1 AI Disclosure Obligation (EU AI Act)

Under EU Regulation 2024/1689 (the EU AI Act), Article 50, deployers of AI systems that interact with natural persons are required to ensure those persons are informed they are interacting with an AI. As the Creator using FanWake, you are the deployer of the AI system within the meaning of the EU AI Act. You are solely responsible for:

• Ensuring your fans are appropriately informed that messages may be generated or assisted by AI.
• Complying with all disclosure, transparency, and consent requirements under applicable law.
• Ensuring your use of AI-generated content on Fanvue is consistent with Fanvue's own policies regarding AI-assisted communications.

FanWake provides the technical infrastructure. We do not make disclosures to fans on your behalf. Failure to comply with applicable AI transparency obligations is your responsibility.

6.2 Fanvue Terms Compliance

You remain solely responsible for complying with Fanvue's Terms of Service and Community Guidelines in all your activities on Fanvue, including activities facilitated by FanWake. We are not responsible for any consequences arising from Fanvue's enforcement actions against your account, including suspension, restriction, or termination.

6.3 Message Content Responsibility

You are solely and fully responsible for all messages sent from your Fanvue account through the Service, regardless of whether they were generated by AI or manually written. This includes messages sent in:

• Manual review mode — messages you explicitly approve before sending.
• Threshold mode — messages that meet your configured criteria for auto-delivery.
• Auto-send mode — messages delivered automatically without per-message review.

By enabling auto-send or threshold modes, you expressly accept full responsibility for all automatically sent AI-generated content, including any that may be inaccurate, misleading, or inappropriate.

6.4 AI Accuracy and Hallucination Risk

AI-generated messages may contain inaccuracies, factual errors, hallucinations, or unintended statements that do not reflect your actual intentions, offerings, or policies. You acknowledge this inherent limitation of AI language models and agree that:

• You will review AI-generated content before approval wherever possible.
• You remain fully responsible for any inaccurate, misleading, or inappropriate AI-generated content sent to fans, regardless of approval mode.
• FanWake bears no liability for consequences arising from AI hallucinations, errors, or unintended output.

6.5 Persona and Identity Settings

You are responsible for the persona configuration you create. You must not configure personas that impersonate real third parties without their consent, contain unlawful content, or are designed to deceive fans in ways that violate applicable consumer protection law.

6.6 Account Security

You are responsible for maintaining the security and confidentiality of your FanWake credentials and your connected Fanvue OAuth token. You must notify us immediately at hello@fanwake.app upon becoming aware of any unauthorised access to your account.

7. Third-Party Platforms

7.1 No Affiliation with Fanvue

FanWake is an independent third-party service. We are not affiliated with, endorsed by, sponsored by, or in any way officially connected with Fanvue Ltd. or any of its subsidiaries. The Fanvue name, logo, and brand are trademarks of Fanvue Ltd.

Fanvue's Terms of Service and Privacy Policy govern your Fanvue account independently of these Terms. We have no control over Fanvue's platform, policies, or availability.

7.2 OAuth Access Authorisation

By connecting your Fanvue account to FanWake, you authorise us to access, on your behalf:

• Your fan list, subscriber data, and spend history.
• Your message history and conversation threads.
• Your media vault, for the purpose of generating PPV promotion content.
• The ability to send messages from your account to your fans.

This access is limited to the scope necessary to provide the Service. You may revoke this access at any time through your account settings or directly within Fanvue.

7.3 AI Model Providers

AI-powered features of the Service rely on third-party artificial intelligence model providers, including but not limited to Google LLC (Gemini), OpenAI LLC (GPT), Meta Platforms Inc. (Llama), DeepSeek AI, xAI Corp. (Grok), and Mistral AI SAS. When generating a message, inputs including relevant fan conversation context are transmitted to the selected AI provider for processing. By using AI features, you acknowledge and accept this data transmission. A full list of AI providers is maintained in our Privacy Policy.

7.4 Platform Automation Compatibility

FanWake provides technical tools to automate fan messaging via Fanvue's API. We do not guarantee that the Service is or will remain compatible with Fanvue or any other third-party platform. Platform operators including Fanvue may at any time modify their APIs, policies, or terms of service in ways that restrict, degrade, or terminate FanWake's functionality. We accept no liability for disruption or loss of access caused by such third-party changes. You are responsible for monitoring Fanvue's terms and ensuring your continued use of automation complies with their current policies.

7.5 Other Third-Party Services

The Service additionally integrates with Stripe (payments) and Telegram (optional notifications). Your use of these integrations is subject to their respective terms of service.

8. Subscriptions and Billing

8.1 Plans and Pricing

FanWake is offered under a subscription model. Current plans and pricing are published on our website. All prices are quoted in USD and are inclusive of applicable Finnish VAT (VAT ID: FI33194243).

8.2 Billing and Payment

Subscriptions are billed monthly in advance. Payments are processed by Stripe Inc. We do not store payment card details. By providing payment information, you authorise Stripe to charge your payment method on a recurring monthly basis until cancellation.

8.3 Cancellation

You may cancel your subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the paid period. No refunds are issued for partial months.

8.4 Right of Withdrawal (EU Consumers)

Under EU Directive 2011/83/EU, you have a statutory 14-day right of withdrawal from the date of your initial subscription purchase. However, pursuant to Article 16(m) of the Directive, you lose this right once a digital service has begun to be performed with your express prior consent.

At checkout, you will be asked to confirm the following before completing your purchase:

This explicit consent is recorded at the time of purchase. If you do not provide this consent, your subscription will not be activated until the withdrawal period expires.

8.5 Failed Payments

If a payment fails, we will attempt to retry the charge. After repeated failures, your account will be downgraded to the free tier and your subscription will be cancelled. We reserve the right to suspend access pending resolution of outstanding balances.

8.6 Price Changes

We may change subscription prices upon 30 days prior written notice. Continued use of the Service after the notice period constitutes acceptance of the new pricing.

9. Acceptable Use

You agree not to use the Service to:

• Send spam, bulk unsolicited messages, or harass fans.
• Make fraudulent, false, or misleading representations to fans.
• Promise or imply the delivery of content or services you do not intend or are unable to provide.
• Violate any applicable law or regulation, including consumer protection, data protection, and anti-spam laws.
• Circumvent or violate Fanvue's Terms of Service or Community Guidelines.
• Infringe the intellectual property rights of any third party.
• Distribute malware or engage in any form of cyberattack.
• Generate, distribute, or promote content that sexualises, exploits, or harms minors in any way.
• Facilitate financial fraud, money laundering, or any illegal transaction.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Resell, sublicense, or otherwise transfer access to the Service to third parties.

We reserve the right to immediately suspend or terminate any account that we reasonably believe is in breach of this section, without notice and without refund.

10. Intellectual Property

The FanWake platform, including its software, design, trademarks, and underlying technology, is owned by or licensed to Nord Ecom Oy. Nothing in these Terms transfers ownership of any intellectual property to you.

You retain ownership of all content, persona data, and creative inputs you provide to the Service. You grant us a limited, non-exclusive, worldwide licence to use, store, and process this content solely to the extent necessary to operate and improve the Service.

AI-generated message content produced using your configured persona and settings is considered content generated on your behalf. You are responsible for its legality and appropriateness.

11. Disclaimers and Limitation of Liability

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE ANY PARTICULAR REVENUE OUTCOME.

11.2 Exclusion of Liability

To the maximum extent permitted by applicable law, Nord Ecom Oy shall not be liable for:

• The content, accuracy, or legality of any AI-generated messages sent through the Service.
• Revenue loss, fan churn, or commercial disappointment arising from AI-generated content.
• Any enforcement action taken by Fanvue against your account.
• Actions or inactions of Fanvue Ltd. or any third-party platform.
• Your failure to comply with AI disclosure obligations under the EU AI Act or any applicable law.
• Downtime, data loss, or service interruptions caused by third-party infrastructure providers.
• Indirect, incidental, consequential, or punitive damages of any kind.

11.3 Service Availability and API Dependency

The Service depends on third-party infrastructure including Fanvue's API, AI model providers, Supabase, and Cloudflare. We make no guarantee of uninterrupted, error-free, or timely service availability. In particular:

• Fanvue API outages, rate limits, or policy changes may prevent message delivery or fan data sync.
• AI model provider downtime or capacity limits may delay or prevent message generation.
• We reserve the right to impose fair-use rate limits on automated message volume at our discretion.
• Scheduled and unscheduled maintenance may temporarily interrupt access to the Service.

We are not liable for revenue loss, missed fan engagements, or any other harm arising from service interruptions caused by us or any third-party provider.

11.4 No Guarantee of Revenue or Outcomes

FanWake provides automation tools. We make no guarantee, representation, or warranty regarding revenue increases, fan engagement outcomes, PPV conversion rates, subscriber retention, or any other commercial result. Any figures, examples, or case studies referenced in our marketing materials are illustrative only and are not promises of typical or expected results. Your actual outcomes will depend on factors outside our control, including your content, fan base, pricing, and market conditions.

11.6 Liability Cap

Our aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total fees paid by you to Nord Ecom Oy in the three calendar months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Finnish or EU law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nord Ecom Oy and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service or any feature thereof.
• Content generated or sent through the Service under your account.
• Your violation of these Terms or any applicable law.
• Your failure to make required AI disclosures to fans.
• Your infringement of any third-party intellectual property or privacy rights.

13. Termination

By you: You may terminate your use of the Service at any time by cancelling your subscription and deleting your account through the Account settings.

By us: We may suspend or terminate your account immediately and without notice if we determine, in our reasonable discretion, that you have materially breached these Terms, engaged in prohibited conduct, or that continued provision of the Service creates legal or reputational risk for Nord Ecom Oy.

Upon termination, your right to access the Service ceases immediately. Your data will be retained for 30 days to allow for any export requests, after which it will be permanently deleted, subject to our legal obligations (e.g., billing records retained per Finnish Accounting Act).

14. Modifications to the Service and Terms

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will endeavour to provide reasonable notice of significant changes.

We may update these Terms at any time. For material changes, we will notify you by email at least 30 days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Finland, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the District Court of Helsinki (Helsingin käräjäoikeus).

If you are a consumer located in the European Union, you may also submit a complaint to the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, or contact the Finnish Consumer Disputes Board (Kuluttajariitalautakunta) at https://www.kuluttajariita.fi.

16. Data Processing Agreement (GDPR Article 28)

This section constitutes a Data Processing Agreement ("DPA") between you (as Data Controller) and Nord Ecom Oy (as Data Processor) for the processing of Fan personal data, as required under GDPR Article 28.

16.1 Roles

When FanWake accesses and processes personal data belonging to your fans (including their messages, identifiers, subscription history, and engagement data), the following applies:

• You (the Creator) are the Data Controller.
• Nord Ecom Oy is the Data Processor.

16.2 Processing Instructions

We will process fan personal data only in accordance with your documented instructions as expressed through your use of the Service (e.g., enabling Autopilot, configuring Re-engage, approving drafts). We will not process fan data for any purpose beyond providing and improving the Service.

16.3 Confidentiality

We ensure that all personnel authorised to process fan personal data are bound by appropriate confidentiality obligations.

16.4 Security

We implement appropriate technical and organisational security measures to protect fan personal data, including encryption at rest and in transit, access controls, and audit logging.

16.5 Sub-processors

We authorise the use of sub-processors as listed in our Privacy Policy. We will notify you of material changes to our sub-processor list with reasonable advance notice.

16.6 Data Subject Rights

If you receive a data subject access, deletion, or portability request from a fan relating to data processed by us, we will assist you in fulfilling such requests within our technical capability upon written request to hello@fanwake.app.

16.7 Data Breach Notification

In the event of a personal data breach affecting fan data, we will notify you without undue delay and in any case within 72 hours of becoming aware, to enable you to fulfil your obligations under GDPR Article 33.

16.8 Audit Rights

You have the right to audit our data processing activities upon reasonable notice. We may satisfy audit requests by providing relevant certification or third-party audit reports in lieu of on-site access.

16.9 Return and Deletion

Upon termination of the Service, we will delete all fan personal data within 30 days, except as required by applicable law.

16.10 Your Obligations as Controller

By using the Service, you warrant that you have a valid legal basis under GDPR for accessing and processing your fans' personal data via the Service, and that your use of the Service as a whole complies with applicable data protection law.

17. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and DPA (Section 16), constitute the entire agreement between you and Nord Ecom Oy regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations as part of a merger, acquisition, or sale of assets.

Language: These Terms are provided in English. In case of conflict with any translation, the English version prevails.

18. Contact