Terms of Service

Onflay LLC
Last updated: June 29, 2026

These Terms of Service govern your access to and use of the Onflay platform — whether you are visiting the website, selling as a creator, or purchasing as a buyer. Onflay acts as the Merchant of Record for all transactions. Read these Terms carefully; by using the Platform you agree to be bound by them.

1. Introduction and Acceptance

By accessing or using the Onflay platform — including the website at onflay.com, the creator dashboard, the checkout experience, any mobile or web applications, APIs, and related services (collectively, the "Platform") — you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and Onflay LLC, a Wyoming limited liability company ("Onflay," "we," "us," or "our").

LATAM consumer rights. Nothing in these Terms limits any statutory rights you have under the mandatory consumer protection laws of your country of residence. For users in Latin America, applicable consumer protection laws include, without limitation: Ley 358-05 (Dominican Republic — Pro-Consumidor), the Código de Defesa do Consumidor (Brazil — CDC), the Ley Federal de Protección al Consumidor (Mexico — PROFECO), the Estatuto del Consumidor (Colombia), the Código de Protección y Defensa del Consumidor (Peru — Indecopi), and the Ley de Defensa del Consumidor (Argentina). Where any such law grants you rights that cannot be waived by contract, those rights prevail over any contrary provision of these Terms.

2. Who These Terms Apply To

These Terms apply to all users of the Platform. For clarity, the Platform has the following main user groups:

• Visitors — people browsing the Onflay website or public pages without a registered account. These Terms and our Privacy Policy govern your visit.
• Creators (also referred to as sellers or suppliers) — individuals or businesses that register on the Platform to sell products, services, subscriptions, appointments, or other offerings. Creators are subject to all sections of these Terms, with particular obligations in Sections 4, 6, 7, 8, 9, 11, and 12.
• Buyers (also referred to as customers or end users) — people who purchase a Listing through the Platform. Buyers are subject to all sections of these Terms, with particular obligations and rights in Sections 5, 8, 9, 10, and 13.
• Administrators and platform operators — internal Onflay personnel who operate the Platform infrastructure and exercise enforcement rights described in Section 14.

Where a provision applies only to a specific group, that is stated. All other provisions apply to everyone.

Defined terms. For purposes of these Terms:

• "Platform" — the Onflay website, applications, APIs, and all related services operated by Onflay LLC.
• "Creator" — a person or entity registered on the Platform to offer products or services for sale.
• "Buyer" / "Customer" — a person who purchases a Listing through the Platform.
• "Listing" — a product, service, appointment, subscription, workshop, or other offering made available for purchase by a Creator through the Platform.
• "Transaction" — a completed purchase of a Listing by a Customer.
• "Platform Fee" — the fee charged by Onflay for facilitating a Transaction, expressed as a configured percentage of the transaction amount and, where applicable, a flat per-transaction amount.
• "Reserves" — amounts withheld from Creator payouts by Onflay to cover potential refunds, chargebacks, disputes, or other obligations.
• "Payout" — a disbursement of Creator earnings from Onflay to a Creator's designated payout method.
• "Content" — any text, images, files, descriptions, pricing, or other materials submitted, uploaded, or otherwise provided by a Creator in connection with a Listing or account.

3. Onflay's Role as Merchant of Record

Onflay is the Merchant of Record for all Transactions facilitated through the Platform.

This means:

• When a Customer completes a purchase, the Customer contracts with Onflay for payment purposes. Onflay charges the Customer's payment method and collects payment in its own name.
• Creators authorize Onflay to act as their limited payment collection agent for the sole purpose of receiving funds from Customers on their behalf. This authorization does not make Onflay a general agent, fiduciary, partner, joint venturer, or representative of any Creator for any other purpose.
• As Merchant of Record, Onflay may calculate, collect, and remit applicable indirect transaction taxes (including VAT, GST, IVA, ITBIS, digital-services taxes, consumption taxes, and equivalents) on Transactions in jurisdictions where Onflay determines it has a collection obligation and where its payment processors support such collection. See Section 8 for the full tax posture.
• Onflay uses third-party payment processors — primarily Stripe, Inc. — to process payment transactions. By using the Platform, you agree to Stripe's applicable terms of service, available at stripe.com/legal.
• The economic relationship between a Creator and a Buyer with respect to the underlying product or service is separate from Onflay's role in the payment flow. Buyers transact with Onflay for payment purposes and with the Creator for the underlying product or service.
• Onflay is not a marketplace in which creators independently collect payment from customers. All payment processing runs through Onflay's platform infrastructure.

4. Creator Accounts, Eligibility, Verification, and Seller Responsibilities

4.1 Eligibility

To register as a Creator, you must:

• Be at least 18 years of age. The age of majority is 18 in the Dominican Republic, Brazil, Mexico, Colombia, Peru, Argentina, and most other markets where the Platform operates. If applicable law in your jurisdiction sets a different age of majority for binding contracts, that threshold applies instead;
• Have the full legal capacity to enter into binding contracts;
• Hold all rights, licenses, permits, and authorizations required to sell the products and services you intend to offer;
• Not be prohibited from using the Platform under applicable law or the terms of any payment processor, financial institution, or regulatory body;
• Not be listed on any government sanctions list or be a Specially Designated National under U.S. Treasury OFAC regulations or equivalent international or LATAM regulatory regimes;
• Not have had a prior account terminated by Onflay for cause.

The Platform requires users to be at least 18 years of age. Onflay may implement age verification or acknowledgment mechanisms at registration or checkout as operationally required.

4.2 Onboarding and Screening

To become an active Creator with the ability to publish Listings and receive Transactions, you must complete each of the following:

1. Create a Creator account and complete all required profile information accurately.
2. Submit a Creator screening questionnaire describing your intended products or services, estimated revenue, product category, and business background. Onflay reviews all screening submissions and may approve or reject them in its sole discretion. Onflay may flag submissions for additional review based on automated risk assessment. A rejection is not an adverse finding about your business — it is an eligibility determination for the Platform only.
3. Complete any identity, business, compliance, and payout verification steps required by Onflay or by the payout method you select.
4. Configure at least one active, verified payout method where required to receive Payouts.

You may create draft Listings at any time after creating a Creator profile, but you may not publish Listings or receive Transactions until your Creator account is in Active status.

4.3 Country of Operation

You must identify your country of operation during onboarding. Your country of operation determines:

• Applicable Platform Fee rates and Payout currency settings;
• Whether Onflay collects applicable indirect taxes on your Transactions (see Section 8);
• Available payout methods and minimum thresholds;
• Risk tier defaults and reserve parameters.

You must update your country of operation if it changes. Operating under an incorrect country designation is a material breach of these Terms and may result in account suspension or termination.

4.4 KYC, AML, and Sanctions Compliance

You agree to cooperate fully with all identity verification, know-your-customer (KYC), and anti-money laundering (AML) review processes initiated by Onflay, payout providers, payment processors, financial institutions, or applicable regulators, including providing documentation promptly and notifying Onflay of any material changes to your business, ownership structure, or regulatory status.

You represent and warrant that you are not, and will not become:

• Listed on any government sanctions list, including the U.S. OFAC Specially Designated Nationals List, the Dominican Republic Superintendencia de Bancos prohibited-party registry, the UN Security Council sanctions lists, the EU restrictive measures lists, Mexico's UIF lists, or equivalent national or regional lists;
• Organized or resident in a jurisdiction subject to comprehensive sanctions;
• Owned or controlled by any sanctioned person or entity.

You must notify Onflay immediately if you become aware of any actual or potential sanctions exposure. Failure to cooperate with KYC/AML reviews may result in suspension of your account, freeze of Payouts, or termination.

4.5 Creator Obligations

As a Creator, you represent, warrant, and agree on an ongoing basis that:

• Legal right. You hold all rights, licenses, permissions, and authorizations necessary to sell each Listing you publish, including intellectual property rights and any required regulatory approvals or permits.
• Accuracy. All information in your Listings — descriptions, pricing, delivery timelines, claims about quality or functionality — is accurate, complete, and not misleading.
• Fulfillment. You are solely responsible for delivering the product or service described in each Listing to the purchasing Buyer in the manner and timeframe represented.
• Customer support. You are responsible for handling Buyer inquiries, complaints, and disputes related to your Listings and the products or services you sell.
• Legal compliance. Your Listings, products, services, and activities comply with all applicable local, national, and international laws and regulations, including those of the Dominican Republic, Brazil, Mexico, and any other market where you sell — including consumer protection, product safety, professional licensing, and export control requirements.
• Accurate account information. You maintain accurate and current information in your Onflay account and payout method profiles, including business name, contact information, country of operation, product descriptions, and payout details. You must notify Onflay of any material change within five (5) business days.
• Tax obligations. You are solely responsible for your own income tax, VAT registration, GST registration, ITBIS registration, and all other tax obligations arising from your use of the Platform, except where Onflay collects and remits such taxes as Merchant of Record. Onflay's collection does not constitute tax advice or relieve you of any other tax obligation.
• Independent business. You are an independent seller. Nothing in these Terms creates an employment, agency (except the limited payment collection mandate in Section 3), partnership, or joint venture relationship between you and Onflay.

4.6 Confidentiality

Information provided to you by Onflay in connection with your Creator account — including your account-specific fee rates, reserve parameters, API keys and credentials, and internal platform data — is confidential. You may not disclose such information to any third party without Onflay's prior written consent or use it for any purpose other than operating your Creator account. API keys and credentials issued to your account are personal to that account; you must not share, publish, or transfer them. You are responsible for all activity conducted under your API keys.

4.7 API Access

Where Onflay provides API access, webhooks, or other programmatic integration tools, you agree to use them only in accordance with Onflay's then-current API documentation and acceptable use guidelines. You may not exceed rate limits, attempt to circumvent them, or use the API to scrape, harvest, or exfiltrate Platform data beyond your own account data. You must promptly rotate API keys if they are compromised. Onflay may modify, deprecate, or discontinue API features with reasonable advance notice.

4.8 Brand and Trademark Usage

You may state that products or services are "sold through Onflay" for accurate informational purposes. You may not use the Onflay name, logo, or trademarks in a way that implies endorsement of your products or services by Onflay, or represent that Onflay has approved, reviewed, or stands behind your specific products or services. Use of Onflay's branding in advertising or promotional material requires Onflay's prior written consent.

4.9 Creator–Buyer Terms

You may maintain separate terms and conditions with Buyers for delivery of your products and services. Any such terms are independent of and do not override Onflay's role as Merchant of Record or the rights and obligations established in these Terms. You are solely responsible for ensuring your Buyer-facing terms comply with applicable consumer protection law, including Ley 358-05 (Dominican Republic), the CDC (Brazil), and equivalent LATAM consumer regimes.

4.10 One Account Per Creator

Unless expressly authorized by Onflay in writing, each individual or entity may maintain only one Creator account on the Platform.

5. Buyer Purchases and Customer Responsibilities

5.1 What Happens When You Purchase

When you complete a purchase as a Buyer:

• You are purchasing the product or service described in the Listing from the Creator, with Onflay acting as Merchant of Record for payment purposes.
• You authorize Onflay to charge your payment method for the amount displayed at checkout, including any applicable taxes calculated at the time of purchase.
• Checkout sessions expire 30 minutes after creation; uncompleted sessions are not charged.
• For subscriptions, you authorize Onflay to charge your payment method on a recurring basis at the frequency and amount described at the time of subscription, subject to Section 10.
• Onflay will send a transaction confirmation to the email address you provide at checkout.

5.2 Buyer Obligations

As a Buyer, you represent, warrant, and agree that:

• You are at least 18 years of age or the applicable age of majority in your jurisdiction;
• You are authorized to use the payment method you provide;
• All information you provide at checkout is accurate and complete;
• You will not initiate chargebacks or payment disputes in bad faith or where you have already received a refund for the same Transaction;
• You will not use the Platform to engage in fraud, money laundering, or any unlawful activity.

5.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@onflay.com if you suspect unauthorized access.

6. Products, Services, Listings, and Supported Offering Types

6.1 Supported Listing Types

The Platform currently supports the following types of Listings:

• Digital products — downloadable files, ebooks, templates, multimedia, software, and similar items delivered electronically.
• Services — webinars, consultations, coaching, live or recorded online sessions, and similar service offerings.
• Appointments — time-based, one-on-one or group bookings with a specific date, time, and timezone.
• Subscriptions — recurring-access offerings billed on a repeating schedule (see Section 10).
• Workshops and events — scheduled sessions with dates, capacity limits, and ticketed access.

Onflay may add, modify, or remove supported Listing types at any time. Adding new listing types is subject to Onflay's eligibility and risk review requirements.

6.2 Listing Accuracy

Creators are responsible for ensuring that all Listing information — including descriptions, pricing, delivery timelines, formats, access conditions, and any claims about the product or service — is accurate, complete, and not misleading. Onflay does not endorse or verify Creator content.

6.3 Listing Removal

Onflay may remove or delist any Listing at any time and in its sole discretion, without prior notice, if Onflay determines the Listing violates these Terms, our acceptable-use standards, or is otherwise inappropriate for the Platform.

7. Fees, Payouts, Reserves, Deductions, and Payout Delays

7.1 Transaction Processing

Onflay uses Stripe, Inc. as its primary payment processor. All customer payment card data is handled exclusively by Stripe in a PCI-compliant environment; Onflay does not store raw card data.

7.2 Platform Fees

Onflay charges Creators a Platform Fee on each Transaction, calculated as a configured percentage plus any applicable flat per-transaction amount on the transaction amount excluding applicable taxes. The default Platform Fee is 5% + US$0.20. Actual fees may vary based on the Creator's country of operation, Listing type, transaction volume, or an individual fee arrangement confirmed in writing by Onflay. The Creator's applicable fee rate is displayed in the Creator's account dashboard.

Onflay may update its fee schedule at any time. Updated fees apply to Transactions occurring after the effective date of the update. Onflay will provide advance notice of material fee changes through the Platform or by email. Continued use of the Platform after the effective date of a fee change constitutes acceptance.

7.3 Payment Processing Fees

Fees charged by payment processors, payout providers, banks, card networks, correspondent banks, or external account providers are separate from Onflay's Platform Fee and are not Onflay revenue. Depending on the payment or payout method used, transactions and payouts may be subject to fees charged by Stripe, Wise, Pana, U.S. account providers, local banks, correspondent banks, card issuers, or other third-party providers. These fees may be deducted from Creator proceeds, from the payout amount, or charged separately, as determined by Onflay, the provider, or the applicable financial institution. Payment processing fees are based on the actual provider costs applicable to the transaction.

7.4 Reserves

Onflay may withhold a portion of Creator proceeds as Reserves. Reserves exist to protect against refunds, chargebacks, disputes, fraud losses, and other liabilities.

• Reserve determination. The percentage of proceeds withheld and the period for which they are held are determined by Onflay in its sole discretion, based on factors including the Creator's risk profile, transaction history, chargeback and refund rates, product or service category, country of operation, and applicable regulatory requirements. Onflay does not publish specific reserve percentage bands.
• Reserve adjustments. Onflay may increase or decrease a Creator's reserve percentage or reserve-release timeline at any time, including in response to elevated chargeback or refund rates, automated risk alerts, compliance concerns, or requirements from Stripe or card networks. Creators will be notified of material changes through the Platform.
• Reserve application. Onflay may apply Reserves to satisfy chargebacks and associated fees; refunds issued by Onflay on the Creator's behalf; Platform Fees and processor fees; and damages, losses, or costs arising from the Creator's breach of these Terms.
• Reserve release. Reserves are released to the Creator's available balance on a schedule determined by Onflay. Release schedules may be extended during active investigations, disputes, payout freezes, or legal holds.

The existence of Reserves does not imply any finding of wrongdoing by the Creator.

7.5 Payout Schedule and Delays

Creator earnings become eligible for Payout after a delay period following each Transaction. The delay period is determined by Onflay in its sole discretion based on the Creator's risk profile and country of operation. Payout eligibility is processed automatically on a recurring schedule.

Onflay may extend payout delay periods at any time in its sole discretion, including in connection with risk reviews, compliance investigations, dispute resolution, or processor requirements.

7.6 Payout Methods and Minimums

Creators may receive Payouts through one or more payout methods made available by Onflay, subject to eligibility, country availability, provider requirements, risk review, and compliance checks. Supported payout methods may include:

• Wise — funds transferred to an eligible bank account or recipient profile supported by Wise, subject to Wise's country, currency, fee, compliance, and delivery rules.
• Pana — where enabled by Onflay, funds transferred to a Creator-provided Pana account accepted by the relevant payment rail. Onflay's support for Pana does not mean Onflay operates or controls Pana, guarantees Pana availability, or is responsible for card access, local withdrawals, exchange rates, account restrictions, or downstream movement of funds after the payout reaches the Pana account.
• U.S. accounts — where enabled, Creators may receive payouts to eligible U.S. dollar accounts or other supported U.S. account destinations.
• Local Country Accounts — where enabled, Creators may receive payouts to eligible local accounts in supported countries. These payouts may involve local banking partners, correspondent banks, receiving-bank fees, foreign exchange conversion, and additional delays.

Onflay may add, remove, pause, or restrict payout methods at any time. Payout method availability may vary by country, currency, Creator profile, risk status, provider requirements, sanctions screening, banking partner availability, and operational support. Onflay is not responsible for delays, failures, fees, account freezes, rejected transfers, exchange-rate differences, or restrictions caused by Wise, Pana, U.S. account providers, local banks, card issuers, correspondent banks, payment networks, or other third-party providers.

Payouts below the minimum threshold applicable to the Creator's country, currency, and payout method may be deferred to a later payout cycle. Minimum thresholds are set by Onflay in its sole discretion and may vary by payout method, country, and currency.

7.7 Payout Holds and Freezes

Onflay may freeze, delay, or withhold any Payout at any time and in its sole discretion, including:

• During an active investigation into the Creator's account or activities;
• Where Onflay has reason to believe a chargeback, refund, or regulatory action is pending or likely;
• Where Onflay receives notice from Wise, Pana, a U.S. account provider, local bank, card issuer, correspondent bank, payment network, regulator, law enforcement authority, or other provider requiring or recommending a hold, review, rejection, freeze, reversal, or delay;
• Where the Creator is in breach of these Terms.

A Payout freeze does not constitute a waiver of any Onflay right, a finding of wrongdoing, or a termination of the Creator's account.

7.8 Offsets and Recoupment

Onflay may, without prior notice, offset and deduct from any amounts owed to a Creator — including available balances, Reserves, and future Payouts — any amounts the Creator owes to Onflay, including:

• Chargeback amounts and associated fees, fines, or penalties imposed by the card network or Stripe;
• Refunds issued by Onflay on the Creator's behalf;
• Platform Fees, processor fees, and third-party penalties attributable to the Creator's activity;
• Damages, losses, or costs arising from the Creator's breach of these Terms.

If the Creator's balance is insufficient to satisfy amounts owed, Onflay may invoice the Creator for the remaining balance, and the Creator agrees to pay such invoices promptly. Onflay reserves the right to pursue collection through all available legal means.

7.9 Change Notifications

Onflay will notify Creators in advance of material changes to Platform Fee rates applicable to their account, reserve parameters, supported payout methods, and minimum thresholds. Notifications will be delivered through the Platform dashboard or by email to the address on file. Creators are responsible for maintaining a current email address and monitoring Platform notifications.

8. Taxes

8.1 Onflay's Tax Collection Role

As Merchant of Record, Onflay may calculate, charge, collect, withhold, report, and remit indirect transaction taxes — including sales tax, VAT, GST, IVA, ITBIS, digital-services taxes, consumption taxes, and similar transaction-based taxes — only where Onflay determines that such collection is legally required and operationally supported. Tax amounts charged to Buyers are not Creator earnings and are not Onflay revenue.

Onflay uses Stripe's automated tax calculation infrastructure for this purpose. Where Stripe Tax supports a given jurisdiction, transaction type, and Creator profile, Onflay may collect and remit applicable indirect taxes. Where support is unavailable, uncertain, or not operationally enabled, Onflay may decline to collect taxes in that jurisdiction.

Onflay may update its tax treatment, checkout disclosures, Creator obligations, pricing, supported countries, and these Terms at any time in response to changes in law, administrative guidance, provider support, or operational readiness.

Dominican Republic. Onflay does not currently calculate, charge, collect, or remit Dominican ITBIS through checkout unless and until such collection is legally required, operationally enabled by Onflay, and displayed to the Buyer at checkout. Dominican tax rules for digital platforms, marketplace transactions, Merchant of Record transactions, and services provided or consumed through digital channels may change or be interpreted differently by the competent authorities. Creators operating in the Dominican Republic remain responsible for determining and fulfilling their own income tax, business tax, registration, invoicing, reporting, and other tax obligations, except to the extent a tax is expressly calculated, charged, collected, and remitted by Onflay through the Platform.

8.2 Limits of Onflay's Tax Role

Onflay's collection and remittance of indirect taxes on Transactions does not constitute tax advice and does not relieve Creators of any independent tax obligations.

Onflay may decide not to collect taxes in jurisdictions where it is not registered, where regulation is uncertain, where provider support is unavailable, or where remittance is not operationally enabled.

8.3 Creator Tax Responsibilities

Creators are solely responsible for their own income taxes, corporate taxes, VAT registration, ITBIS registration, GST registration, and all other tax obligations arising from their use of the Platform, except to the extent Onflay collects and remits such taxes as Merchant of Record. This includes:

• Determining and fulfilling income, corporate, and business tax obligations in the Creator's country of operation and any other relevant jurisdiction;
• Registering for all required tax authorizations in the Creator's country of operation;
• Issuing any required tax receipts, invoices, or records to Buyers or tax authorities;
• Complying with information reporting obligations (e.g., 1099-K in the US; DAC7 in the EU; DGII-equivalent reporting in the Dominican Republic; comparable obligations in Brazil and other LATAM markets).

Creators are encouraged to consult a qualified tax adviser.

8.4 Buyer Tax Obligations

Buyers are responsible for any taxes on their purchases that are not collected and remitted by Onflay as Merchant of Record.

8.5 Tax Information Manipulation Prohibited

Creators must not manipulate Listing type, Buyer location, product or service classification, or any other tax-relevant information to avoid or reduce applicable tax collection by Onflay or to shift tax obligations improperly.

9. Refunds, Cancellations, Chargebacks, and Disputes

9.1 Your Statutory Consumer Rights Come First

Your statutory consumer rights under applicable law may entitle you to refunds regardless of any other policy. These rights vary by country and cannot be limited by contract.

• Dominican Republic (Ley 358-05 — Pro-Consumidor): Consumers have rights under Ley General de Protección de los Derechos del Consumidor o Usuario, including the right to accurate product information, remedies for defective or misdescribed products, and access to Pro-Consumidor for dispute resolution.
• Brazil (CDC Art. 49): Consumers have the right to cancel any purchase made at a distance (including online) within 7 calendar days of receiving access to the product or service, with a full refund ("direito de arrependimento"). This right cannot be waived by contract. Contact support@onflay.com within 7 days to exercise it.
• Mexico (LFPC): Consumers may have the right to cancel a distance-contract purchase within 5 business days of delivery under applicable PROFECO regulations, provided the product has not been consumed or delivered.
• Colombia (Ley 1480, Art. 47): Consumers have the right to return products or cancel distance-contract service purchases within 5 business days of delivery or contract formation, provided the product is in original condition.
• Peru (Ley 29571) and Argentina (Ley 24.240): Consumers have similar statutory rights under applicable law. Contact us to exercise them.
• European Union: EU consumers have a statutory right of withdrawal of 14 days for most distance contracts under the Consumer Rights Directive, subject to the specific conditions under applicable law.
• United Kingdom: UK consumers have similar rights under the Consumer Contracts Regulations.
• Other jurisdictions: If you are located in another jurisdiction with statutory consumer withdrawal or refund rights, those rights are preserved.

To exercise statutory consumer rights, contact us at support@onflay.com.

9.2 Creator Refund Policies

Each Creator may set their own refund policy for their Listings. Creator refund policies are displayed on each Listing page before purchase. Creator refund policies may be more generous than these Terms but cannot remove Buyer statutory consumer rights under applicable law.

9.3 Requesting a Refund from a Creator

To request a refund from a Creator whose Listing indicates refunds are available:

1. Contact the Creator through the Platform or using the contact information in your purchase confirmation.
2. Describe the reason for your request.
3. If approved, the refund is processed through the Platform and returned to your original payment method via Stripe. Refunds typically appear within 5–10 business days, depending on your bank or card issuer.

9.4 Requesting a Refund from Onflay

If a Creator does not respond to your request, or if you believe a Transaction involved fraud, a Platform policy violation, or a failure to deliver, contact Onflay at support@onflay.com.

Onflay may, in its sole discretion, issue a refund to a Buyer where the product or service was not delivered or was materially different from its description; the Transaction involved fraud or a Platform policy violation; or applicable consumer protection law requires a refund. Onflay does not guarantee a refund in every case. Refund decisions made by Onflay in its discretion are final and binding on the Creator, whose balance will be debited accordingly.

9.5 Non-Refundable Situations (Subject to Statutory Rights)

The following are generally not eligible for refunds absent a statutory consumer right or Onflay's sole discretion:

• Digital products that have been downloaded or accessed, where no statutory withdrawal right applies;
• Services that have been fully rendered;
• Appointments or bookings that were attended or where cancellation notice requirements were not met (subject to the Creator's stated cancellation policy);
• Subscriptions for the billing period in which cancellation occurs (see Section 10).

These limitations apply only where mandatory consumer law does not override them. See Section 9.1 for your statutory rights.

9.6 Chargebacks and Payment Disputes

If you are unable to obtain a refund through the Platform, you may have the right to dispute the charge with your bank or card issuer (a "chargeback"). We encourage you to contact us first at support@onflay.com so we can resolve your concern directly.

Initiating a chargeback without first attempting Platform resolution may affect your ability to use the Platform. Abuse of the chargeback process — including initiating a chargeback after already receiving a refund — violates these Terms.

Creator chargeback obligations. If a Customer initiates a chargeback or payment dispute:

• Onflay will notify the Creator and may request information or documentation to support a response.
• The Creator agrees to cooperate promptly and fully.
• The chargeback amount, together with any dispute fees, fines, or penalties imposed by the card network or Stripe, will be charged to the Creator's balance, Reserves, or future Payouts.
• Onflay manages the dispute process consistent with card network rules and Stripe's requirements. Onflay does not guarantee any particular chargeback outcome.
• If a chargeback is determined in the Customer's favor by the card network, the corresponding amount and fees remain the Creator's responsibility.

Creators with elevated chargeback or refund rates may be subject to reserve adjustments, account review, payout delays, or account suspension.

9.7 Reversals and Failed Payments

In the event of a payment reversal, failed bank transfer, or clawback initiated by Stripe or a financial institution, Onflay may reverse corresponding Payout amounts and charge any resulting losses, fees, or penalties to the Creator.

10. Subscriptions and Recurring Billing

10.1 Subscription Authorization

If you purchase a subscription Listing, you authorize Onflay to charge your payment method on a recurring basis at the price and frequency described at the time of purchase. Subscriptions automatically renew unless cancelled in accordance with Section 10.3.

NOTICE: BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE ONFLAY TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL CANCELLED.

10.2 Failed Payments and Dunning

If a recurring subscription payment fails, Onflay may retry the charge one or more times using automated retry logic. The subscription will be suspended if payment is not collected within the retry period. Onflay will notify you of failed payments at the email address on file.

10.3 Cancellation

You may cancel a subscription at any time through your account settings or by contacting us at support@onflay.com. Cancellation takes effect at the end of the current billing period, after which no further charges will be made. Cancellation does not entitle you to a refund of amounts already charged, except as required by applicable law (including Brazil's CDC Art. 49 and applicable LATAM consumer laws).

10.4 Creator Obligations for Subscriptions

Creators offering subscription Listings must ensure that subscription terms, pricing, and cancellation procedures are accurately described in the Listing. Creators are responsible for ensuring that subscription billing practices comply with applicable consumer protection laws in the jurisdictions where their Customers are located.

10.5 Jurisdiction-Specific Subscription Rights

Subscription auto-renewal laws vary by jurisdiction. Depending on your country of residence, additional mandatory consumer protections may apply to subscription purchases, including rights to cancel within a cooling-off period, rights to clear pre-contractual disclosure of recurring charges, or rights to a streamlined cancellation mechanism. Where applicable consumer protection law grants you subscription-related rights that cannot be waived by contract, those rights are preserved. Contact us at support@onflay.com to exercise any such rights.

11. Prohibited Businesses and Acceptable Use

11.1 Prohibited Content and Products

The following categories of content, products, and services are prohibited on the Platform regardless of local legality, unless Onflay has provided express written authorization:

Illegal and harmful goods and services

• Goods, services, or activities illegal under applicable local, national, or international law.
• Products or services that facilitate, promote, or assist in the commission of a crime.
• Controlled substances, narcotics, prescription medications, drug paraphernalia, or materials used in the synthesis of controlled substances.
• Counterfeit, stolen, or misrepresented goods.
• Products violating export controls, trade sanctions, or import restrictions of any jurisdiction.

Weapons and dangerous items

• Firearms, firearm components, ammunition, or accessories that facilitate lethal force.
• Explosive devices, incendiary materials, or instructions for creating such items.
• Weapons restricted under applicable law.
• Products designed to cause bodily harm.

Adult and sexually explicit content

• Adult, sexually explicit, pornographic, or obscene content of any kind, unless Onflay has granted express written authorization.
• Content that sexualizes or exploits minors in any form. This prohibition is absolute and admits no exception.
• Content involving non-consensual sexual activity or that facilitates or glorifies sexual violence.

Financial, professional, and regulated services

• Unlicensed financial services, investment products, securities offerings, or financial advice in jurisdictions requiring licensure.
• Cryptocurrency, digital asset, or token offerings not compliant with applicable securities, commodities, and financial regulations.
• Products or services constituting unauthorized legal, medical, psychiatric, or professional advice in a regulated jurisdiction.
• Get-rich-quick schemes, guaranteed-return investment solicitations, crypto trading signals or financial-return promises, or products marketed through false scarcity or urgency.
• Gambling, lotteries, sweepstakes, or games of chance, unless specifically authorized in writing by Onflay and subject to applicable local licensure. In the Dominican Republic, gambling activities are regulated under Ley 139-11; no gambling-related services are permitted without Onflay's express written authorization and confirmation of applicable local licensure.
• Multi-level marketing or pyramid schemes whose returns are dependent primarily on recruitment of other participants.

Deceptive and fraudulent practices

• Products or services whose descriptions, pricing, images, or claims are false, misleading, deceptive, or likely to mislead a reasonable consumer.
• Fake reviews, testimonials, social media engagement, or other inauthentic social proof services.
• Phishing kits, credential-harvesting tools, or services designed to deceive users into disclosing personal information.

Intellectual property violations

• Products or services that infringe, misappropriate, or violate the intellectual property rights of any third party.
• Unauthorized resale or distribution of software, media, or digital content without a valid license.
• Content that circumvents digital rights management or technological protection measures.

Hate, violence, and harassment

• Content that promotes, glorifies, or incites violence against any person or group.
• Hate speech: material that dehumanizes, threatens, or calls for discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics.
• Content that facilitates or encourages harassment, cyberbullying, stalking, or intimidation.
• Content targeting minors for exploitation, grooming, or harm of any kind.

Privacy and surveillance

• Software or services designed for covert surveillance of individuals without their knowledge or consent, including stalkerware and unauthorized data-collection tools.
• Personal data, contact lists, or databases obtained without proper authorization or consent.
• Doxxing services or tools to reveal personal identifying information without consent.

Sanctions and restricted parties

• Products, services, or transactions involving parties listed on government sanctions lists, including OFAC SDN, EU restrictive measures, the Dominican Republic Superintendencia de Bancos prohibited-party registry, Mexico's UIF lists, or equivalent LATAM and international regimes.
• Transactions involving jurisdictions subject to comprehensive sanctions.

11.2 Prohibited Conduct (All Users)

The following conduct is prohibited for all Platform users:

• Circumventing enforcement. Creating new accounts or using third-party accounts to access the Platform after a suspension or termination.
• Misrepresentation. Providing false or misleading information to Onflay, payment processors, payout providers, financial institutions, or any other party in connection with account registration, Creator screening, or compliance reviews.
• Fee circumvention. Using the Platform to route transactions outside the Platform to avoid Platform Fees or manipulate fee calculations.
• Platform manipulation. Using the Platform to launder money, evade sanctions, conduct structuring, or engage in any financial crime.
• Coordinated inauthentic activity. Coordinating with others to manipulate the Platform's systems, reviews, rankings, or dispute outcomes.
• Automated abuse. Using bots, scrapers, or automated tools to access, harvest, or interact with the Platform without Onflay's prior written consent.
• Interference. Attempting to interfere with or disrupt the Platform's infrastructure, security measures, or other users' access.
• Chargeback abuse. Filing payment disputes or chargebacks in bad faith, including for products or services received in accordance with the Listing description.
• Impersonation. Impersonating any Creator, Customer, Onflay employee, or third-party brand.

11.3 Enforcement

Onflay may investigate suspected violations at any time. Upon determining, in its sole discretion, that a violation has occurred or is likely to occur, Onflay may, without prior notice:

• Remove or delist any non-compliant Listing.
• Issue a warning to the Creator or user.
• Temporarily restrict access to Platform features.
• Suspend or terminate the Creator's or user's account.
• Withhold or freeze Payouts pending investigation.
• Report the violation to law enforcement, regulatory authorities, or affected third parties.
• Pursue civil remedies for losses caused by the violation.

The fact that a product or activity is not explicitly mentioned in this Section does not mean it is permitted. Onflay retains the right to remove any content and take any enforcement action it determines appropriate in its sole discretion. Onflay's decision to act or not act on a particular violation does not waive its right to act on similar or other violations.

11.4 Exception Requests

Onflay may, in its sole discretion, grant written exceptions to certain categories in Section 11.1 (e.g., adult content for specific authorized Creators). Exception requests are evaluated case by case. To request an exception, contact legal@onflay.com with a detailed description of the proposed content, the applicable prohibited category, and the basis for the exception. Onflay is under no obligation to grant any exception. Granted exceptions are revocable at any time and do not constitute a general waiver.

11.5 Relationship to Third-Party Payment Policies

Onflay's payment processing depends on Stripe, Inc., which independently maintains a list of restricted and prohibited businesses and activities. Creators must comply with Stripe's restricted business policies in addition to this Section. In the event of a conflict between this Section and Stripe's requirements, the stricter requirement applies. Onflay's granting of an exception does not constitute authorization from Stripe.

12. Intellectual Property, Creator Content, and Takedown

12.1 Onflay's Platform IP

The Platform — including its design, code, algorithms, user interface, trademarks, service marks, trade names, and all associated intellectual property — is owned by or licensed to Onflay and is protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership or license in Onflay's intellectual property except the limited right to use the Platform as described in these Terms.

12.2 Creator Content Ownership and License

Creators retain ownership of their Content. By publishing Content on the Platform, you grant Onflay a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, transmit, process, and use your Content for the purposes of: operating and providing the Platform; facilitating Transactions; investigating potential violations; and exercising Onflay's rights under these Terms. This license does not transfer ownership of your Content to Onflay.

Onflay may remove Content that violates these Terms.

12.3 Creator Representations

By publishing a Listing, you represent and warrant that:

• You own or have obtained all rights to the Content and the subject matter of the Listing;
• The Listing, Content, and underlying product or service do not infringe any third-party intellectual property rights, privacy rights, rights of publicity, or other proprietary rights;
• The Content does not contain false, deceptive, or misleading statements;
• The product or service is legal in the jurisdiction where you operate and, to the extent you can reasonably determine, in the jurisdiction where the Customer is located.

12.4 Feedback

If you submit suggestions, ideas, or feedback about the Platform to Onflay, you grant Onflay a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such feedback into the Platform without restriction or compensation.

12.5 Intellectual Property Infringement Notices

Onflay respects intellectual property rights and expects all Creators to do the same. This section describes how to submit a notice of claimed intellectual property infringement and how Creators may submit counter-notices.

This policy covers copyright infringement under any applicable legal regime, including:

• The United States Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, for U.S. copyright claims;
• Ley No. 65-00 sobre Derecho de Autor (Dominican Republic), for Dominican copyright claims;
• Lei No. 9.610/1998 (Brazil — Lei de Direitos Autorais), for Brazilian copyright claims;
• Ley Federal del Derecho de Autor (Mexico — LFDA), for Mexican copyright claims;
• Other applicable national copyright laws where the Platform is used.

For trademark, patent, trade secret, or other IP claims, contact legal@onflay.com.

DMCA and IP Notices (United States)

For copyright infringement notices, including notices invoking the U.S. DMCA, send all communications to legal@onflay.com with the subject line "IP Takedown Notice." Onflay may update this section if a DMCA designated agent is formally registered with the U.S. Copyright Office.

Submitting an infringement notice

Whether your claim arises under U.S., Dominican Republic, Brazilian, Mexican, or other applicable law, a valid infringement notice must include:

1. Identification of the protected work claimed to be infringed;
2. Identification of the infringing content with enough detail to locate it on the Platform (e.g., URL, Listing identifier, or Creator name);
3. Your full name, mailing address, telephone number, and email address;
4. A statement of good faith belief that the use is not authorized by the rights holder, its agent, or the law;
5. An accuracy statement and, where invoking a specific legal regime, a statement under the penalty or consequences provided by that regime that you are the rights holder or authorized to act on their behalf;
6. Your physical or electronic signature.

For DMCA notices: also include a statement, made under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed (17 U.S.C. § 512(c)(3)).

Send all infringement notices to: legal@onflay.com — Subject: "IP Takedown Notice — [Applicable Law / Jurisdiction]"

Onflay's response. Upon receipt of a complete and valid notice, Onflay will: expeditiously remove or disable access to the allegedly infringing content; notify the Creator whose content was removed; and replace the removed content if Onflay receives a valid counter-notice, unless the rights holder files an action seeking a court order within the applicable timeframe. Removal in response to a notice is not an admission that any particular content is infringing.

Counter-notice procedure

If you are a Creator whose content was removed and you believe the removal was a mistake or the content does not infringe, you may submit a counter-notice including:

1. Identification of the removed content and its location before removal;
2. A good faith statement that you believe the content was removed or disabled as a result of mistake or misidentification;
3. Consent to the jurisdiction of a competent court in the relevant jurisdiction (for DMCA counter-notices: the Federal District Court for the judicial district where you reside, or any district where Onflay may be found);
4. Your full name, mailing address, telephone number, and email address;
5. An accuracy statement;
6. Your physical or electronic signature.

For DMCA counter-notices: also include a statement, made under penalty of perjury, that you have a good faith belief the material was removed due to mistake or misidentification (17 U.S.C. § 512(g)(3)).

Upon receipt of a valid counter-notice, Onflay will provide a copy to the original claimant and restore the removed content within 10 to 14 business days, unless Onflay first receives notice that the claimant has filed an action seeking a court order.

Repeat-infringer policy

Onflay has adopted a policy of terminating, in appropriate circumstances, the accounts of Creators who are determined to be repeat infringers — upon receipt of multiple valid infringement notices, or following submission of materially false counter-notices. Onflay reserves the right to terminate a Creator's account for a single instance of egregious infringement. This policy applies regardless of the legal regime under which notices are submitted and is maintained consistent with 17 U.S.C. § 512(i) and equivalent LATAM and international copyright law.

Misrepresentation warning

Under the U.S. DMCA (17 U.S.C. § 512(f)) and equivalent provisions of applicable law, any person who knowingly materially misrepresents that content is infringing, or that content was removed by mistake, may be liable for damages, including attorneys' fees and costs.

13. Buyer Access and License to Purchased Content

13.1 What You Receive

When you purchase a Listing as a Buyer, you receive a personal, non-exclusive, non-transferable, limited license to access and use the product or service you purchased, for the purpose described in the Listing and subject to any access conditions stated by the Creator.

13.2 Scope of License

Unless the Listing explicitly states otherwise:

• You may not resell, redistribute, sublicense, or share access to purchased digital content with others.
• You may not reproduce, copy, or publicly perform purchased content beyond your own personal use.
• You may not use purchased content to train artificial intelligence models, create derivative works for commercial distribution, or any other purpose not described in the Listing.

13.3 Creator Content Responsibility

The products and services you purchase through the Platform are provided by Creators, not by Onflay. Onflay does not endorse, verify, or guarantee the quality, accuracy, safety, legality, or fitness for any particular purpose of any Creator's Listing, product, or service. Your relationship regarding the underlying product or service is with the Creator.

13.4 Access Duration

Access to purchased content is subject to the terms stated in the Listing. For subscription Listings, access continues for as long as your subscription is active and in good standing. Onflay and the Creator each reserve the right to modify or discontinue access to a product or service upon reasonable notice, subject to applicable consumer protection laws.

13.5 No Resale of Platform Access

You may not create accounts for others, sell or transfer access to your account, or resell your access to Platform features.

14. Platform Rights and Enforcement

14.1 Onflay's Enforcement Rights

Onflay may, in its sole discretion and at any time, without prior notice and without liability to the extent permitted by applicable law:

• Suspend or restrict a Creator's account, including the ability to publish Listings, receive Payouts, or access Platform features;
• Place a hold on any or all Payouts pending an investigation;
• Remove or delist any Listing;
• Require a Creator to cooperate with a risk review, compliance review, or investigation;
• Terminate a Creator's or Customer's account;
• Report suspected illegal activity to law enforcement or regulatory authorities.

14.2 Grounds for Action

Grounds for suspension, hold, or termination include, without limitation:

• Violation of any provision of these Terms or applicable law;
• Elevated chargeback rates, dispute rates, or refund rates that exceed levels acceptable to Onflay or Stripe;
• Risk alerts indicating fraud, money laundering, sanctions exposure, or other compliance concerns;
• Regulatory, legal, or law enforcement requirements;
• A payout provider's, payment processor's, or financial institution's suspension, restriction, or termination of your account or payout destination;
• Failure to cooperate with a risk or compliance review;
• Inactivity combined with residual financial obligations.

14.3 Effects of Creator Account Termination

Upon termination of a Creator account:

• Listings will be deactivated and made unavailable for new Transactions;
• Onflay will retain transaction records, ledger entries, and other data as required by applicable law and as described in our Privacy Policy;
• Reserves will continue to be held for the applicable reserve-release period before being disbursed, provided no outstanding claims, disputes, or investigations exist;
• Any amounts owed by the Creator to Onflay remain due and payable notwithstanding termination;
• Termination does not relieve the Creator of obligations under these Terms that by their nature survive termination, including indemnification, intellectual property licenses, payment obligations, and dispute-resolution provisions.

14.4 Creator-Initiated Termination

A Creator may terminate their account by closing it through account settings. The Creator must fulfill all outstanding obligations before account closure, including outstanding chargebacks, refunds, and negative balances.

14.5 No Liability for Enforcement Actions

To the extent permitted by applicable law, Onflay is not liable to Creators or Buyers for losses resulting from enforcement actions taken in good faith under this Section.

15. Third-Party Providers

The Platform may depend on third-party service providers, including payment processors, Wise, Pana, U.S. account providers, local banks, card issuers, correspondent banks, payment networks, analytics providers, hosting providers, email providers, fraud and risk vendors, and other infrastructure providers. Some providers may be directly integrated with Onflay; others may be external account destinations selected or provided by the Creator. Onflay does not control those external providers and is not responsible for their availability, fees, restrictions, exchange rates, transfer timing, compliance reviews, account freezes, or downstream movement of funds after a payout is completed to the selected destination.

The availability, performance, and terms of third-party providers are outside Onflay's control. Onflay is not liable for any loss, damage, or interruption caused by the unavailability, errors, policy changes, or account actions of any third-party provider. If Wise, Pana, a U.S. account provider, a local bank, or another payout provider suspends, restricts, or terminates a Creator's account or payout destination for any reason, Onflay's obligations to disburse Payouts through that provider are correspondingly suspended until an alternative is arranged or the suspension is resolved.

By using the Platform, you agree to comply with all applicable terms and policies of payment processors, payout providers, financial institutions, and other third-party providers that apply to your use of the Platform.

15.2 Third-Party Educational Content and External Resources

The Platform may display, link to, or embed third-party educational materials, videos, documentation, tutorials, help articles, or other external resources for user convenience. Such materials are provided by third parties and are not owned, created, controlled, verified, or endorsed by Onflay unless expressly stated. Onflay does not guarantee that third-party educational content is accurate, complete, current, suitable for your circumstances, or consistent with the latest requirements of any external provider. Your use of third-party resources is subject to the applicable third party's terms, policies, and availability. You should confirm all account, verification, payout, fee, tax, legal, and compliance requirements directly with the relevant provider.

16. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Onflay expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Onflay does not warrant that:

• The Platform will be uninterrupted, error-free, or secure;
• Any defect or error will be corrected;
• The Platform or any content or information obtained through it is accurate, complete, or reliable;
• Any Transaction will be completed successfully or that any particular payment processor will remain available.

Onflay is not responsible for the products, services, content, quality, safety, legality, fulfillment, or customer conduct of any Creator. Onflay is a technology and payment platform — it does not manufacture, inspect, endorse, or guarantee the products or services sold by Creators.

Onflay does not provide legal, tax, financial, investment, or professional advice. Any information on the Platform is for general informational purposes only.

17. Limitation of Liability

17.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONFLAY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONFLAY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM FEES PAID BY YOU TO ONFLAY IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

17.3 Essential Basis

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A FAIR ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ONFLAY. ONFLAY WOULD NOT PROVIDE THE PLATFORM ON THE TERMS SET FORTH HEREIN WITHOUT THESE LIMITATIONS.

17.4 Statutory Rights Preserved

Nothing in these Terms limits any liability that cannot be excluded or limited under applicable mandatory law, including consumer protection statutes that grant rights that cannot be contracted away. For users in Latin America, this includes without limitation: Ley 358-05 (Dominican Republic), the Código de Defesa do Consumidor — Lei 8.078/1990 (Brazil), the Ley Federal de Protección al Consumidor (Mexico), the Estatuto del Consumidor — Ley 1480 (Colombia), the Código de Protección y Defensa del Consumidor — Ley 29571 (Peru), and the Ley de Defensa del Consumidor — Ley 24.240 (Argentina). Where any such law grants you rights that cannot be excluded or limited, those rights are preserved.

18. Indemnification

You agree to defend, indemnify, and hold harmless Onflay LLC and its members, managers, officers, employees, agents, successors, and assigns (collectively, "Onflay Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your Content, Listings, products, or services;
• Your breach of any representation, warranty, obligation, or covenant in these Terms;
• Any claim by a Buyer or third party arising from your Listing, product, or service, including claims of non-delivery, misdescription, defect, or consumer protection violations;
• Your failure to comply with applicable tax, regulatory, or licensing obligations;
• Any actual or alleged infringement of any third-party intellectual property, privacy, or other proprietary right by your Content or Listings;
• Chargebacks, chargeback fees, or processor penalties attributable to your Transactions;
• Your violation of any applicable law or regulation;
• Regulatory fines, penalties, or enforcement actions arising from your use of the Platform.

Onflay reserves the right to assume exclusive control of the defense of any matter subject to indemnification at your expense. You will cooperate with Onflay's defense of such claims and will not settle any such claim without Onflay's prior written consent.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms and any dispute or claim arising out of or relating to them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles.

19.2 Dispute Resolution

Disputes arising from or relating to these Terms shall be resolved in a court of competent jurisdiction in the State of Wyoming, United States, subject to the informal resolution process in Section 19.3 and subject to any mandatory consumer dispute-resolution rights under applicable law. Nothing in this Section limits any right you have under the mandatory consumer protection laws of your country of residence to bring a claim before a competent court or administrative body in that jurisdiction.

19.3 Informal Resolution

Before initiating any formal dispute, both parties agree to attempt to resolve the dispute informally by contacting Onflay at legal@onflay.com. Onflay will attempt to resolve the dispute within 30 days of receiving notice. If the dispute is not resolved within 30 days, either party may pursue formal dispute resolution as provided in this Section.

20. Changes to These Terms

Onflay may update these Terms at any time by posting a revised version on the Platform and updating the "Last updated" date above. Material changes will be communicated through the Platform or by email to registered users. Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to revised Terms, you must stop using the Platform.

21. Miscellaneous

21.1 Language and Translations

These Terms are published in both English and Spanish. Both versions are made available to users and are intended to reflect the same substantive protections and obligations. Where the English and Spanish versions differ in interpretation, the version most protective of your rights as a consumer under applicable mandatory law shall apply. For matters governed by Wyoming law as between Onflay and Creators, the English version serves as the primary reference unless applicable mandatory law in the Creator's jurisdiction provides otherwise. Onflay will endeavor to keep both versions consistent and may update the language precedence treatment if required by applicable law or upon formal legal review.

21.2 Entire Agreement

These Terms, together with Onflay's Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and Onflay with respect to the Platform and supersede all prior or contemporaneous agreements, representations, and understandings regarding the same subject matter.

21.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed. The remaining provisions shall continue in full force and effect.

21.4 No Waiver

Onflay's failure to enforce any provision of these Terms on any occasion does not constitute a waiver of Onflay's right to enforce that provision or any other provision on any other occasion.

21.5 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without Onflay's prior written consent. Onflay may assign, transfer, or delegate any or all of its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

21.6 Force Majeure

Onflay is not liable for any delay or failure to perform any obligation under these Terms to the extent caused by events beyond Onflay's reasonable control, including natural disasters, war, terrorism, civil unrest, acts of government, pandemic, infrastructure failures, or failure of third-party service providers (including Stripe and Wise).

21.7 Electronic Communications

By using the Platform and providing your email address, you consent to receive electronic communications from Onflay, including notices, disclosures, and agreements delivered by email or posted on the Platform. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

21.8 Survival

The following provisions survive any termination or expiration of these Terms: Sections 3 (Platform Role), 7 (Fees, Payouts, Reserves), 8 (Taxes), 9 (Refunds, Chargebacks), 12 (Intellectual Property), 13 (Buyer License), 14 (Enforcement), 16 (Disclaimers), 17 (Limitation of Liability), 18 (Indemnification), 19 (Governing Law), and 21 (Miscellaneous).

22. Accessibility

Onflay LLC is committed to making the Platform accessible to all users, including people with disabilities. We are working to ensure that our website, creator dashboard, checkout experience, and mobile applications conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA.

The Platform is partially conformant with WCAG 2.1 Level AA. We are actively working to improve accessibility across all Platform interfaces. Known limitations include: dynamic content updates that may not consistently announce changes to screen readers; certain form controls and interactive UI elements that may not fully support keyboard navigation in all browsers; mobile features that may not fully conform on all platforms; and third-party embedded components (such as Stripe's payment forms) that are subject to their own accessibility programs.

Legal frameworks. In the Dominican Republic, digital accessibility is supported by Law No. 5-13 on Disability. In Brazil, the Lei Brasileira de Inclusão — Lei No. 13.146/2015 (LBI) — requires accessible digital platforms. In the United States, we adopt WCAG 2.1 AA as our target consistent with industry best practice. EU Directive 2019/882 (European Accessibility Act) and UK equivalent regulations are considered guidance for our accessibility program.

Feedback. If you encounter accessibility barriers or have suggestions for improvement, please contact us at support@onflay.com with subject line "Accessibility Feedback." Include the Platform area, your assistive technology and browser/device, and a description of the barrier. We aim to respond within 5 business days. You may also escalate to legal@onflay.com. Users in the Dominican Republic, Brazil, or other jurisdictions with a designated digital accessibility enforcement body may also file a complaint with the relevant national authority.

23. Contact

For general inquiries, support, and legal notices:

Onflay LLC
1021 E Lincolnway, Suite 10028
Cheyenne, Wyoming 82001
United States

General support: support@onflay.com
Legal notices: legal@onflay.com
Privacy inquiries: privacy@onflay.com

For Dominican Republic consumers, you may also contact Pro-Consumidor (Instituto Nacional de Protección de los Derechos del Consumidor) if a dispute cannot be resolved with Onflay.

For Brazilian consumers, you may also contact SENACON (Secretaria Nacional do Consumidor) or Procon in your state.