MARIEAPP TERMS OF SERVICE AGREEMENT

Last Updated: January, 1 2025

This Terms-of-Service Agreement ("Agreement") is entered into between MCHAT LLC ("MarieApp," "we," or "us") and you ("User," "you," or "your"). This Agreement governs your access to and use of the MarieApp Platform, including any subdomains, applications, or services offered on or throughhttps://marieapp.com/ (the "Platform"), whether as a guest or a registered user.

1. DEFINITIONS

For purposes of this Agreement, the following definitions apply:

  • "Content" means any material uploaded to the Platform by any User (whether a Creator or a Subscriber), including photos, videos, audio, data, text (including comments, messages, or hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.

  • "Creator" means a User who has set up a Creator account on the Platform to post Content that Subscribers or other Users can view.

  • "Subscriber" means a User who follows or subscribes to a Creator and can view the Creator’s Content.

  • "Transaction" means any transaction between a Subscriber and a Creator on the Platform by which the Subscriber obtains access to the Creator’s Content (including subscriptions, pay-per-view, tips, etc.).

  • "Payment" means any payment made by a Subscriber to a Creator for a Transaction or for tips. Payments do not include taxes, VAT, or other fees that may be added at checkout.

  • "User" means any user on the Platform, whether a Creator or a Subscriber or both.

2. ACCEPTANCE OF AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. By accessing or using the Platform, or by clicking to accept or agree to this Agreement when such an option is presented, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions in this Agreement. If you do not want to agree to this Agreement, you must not access or use the Platform.

The Platform is intended for adults who are at least 18 years old and who have reached the age of majority in their jurisdiction. You must not use the Platform if you are under 18 years old or if you are prohibited by law from accessing or viewing sexually explicit content.

3. CHANGES TO AGREEMENT

We may revise or update this Agreement from time to time. If we make material changes, we will notify you via email or other communications. Your continued use of the Platform after the effective date of changes constitutes your acceptance of the revised Agreement. If you do not agree to the revised terms, you must cease using the Platform.

4. ADULT MATERIAL

You acknowledge that some Content on the Platform includes adult material, possibly including nudity and sexual activity. You agree that you will not expose minors to such content and that you will abide by all applicable laws regarding access to adult material.

4.1. Child Sexual Abuse Material ("CSAM") Prohibited

  • We strictly prohibit any Content that involves or appears to involve minors (persons under 18). Any suspected CSAM will be promptly reported to law enforcement. Your account may be terminated, and any payments owed to you may be withheld if you are found to have posted or facilitated any such content.

4.2. No Prostitution or Sex Trafficking

  • You must not use the Platform to engage in or promote prostitution, sex trafficking, or sexual exploitation of minors or adults. Any evidence of such activity will lead to immediate account termination, withholding of payments, and reporting to relevant authorities.

5. ACCESSING THE PLATFORM

  • We may withdraw or modify the Platform without notice. We are not liable if any portion of the Platform is unavailable at any time.

  • You are responsible for ensuring that it is legal to access the Platform in your location and that you comply with all local laws.

  • We may require age verification or other identity checks and may deny or revoke access if requirements are not met.

6. ACCOUNT REGISTRATION AND SECURITY

To access certain features, you must register an account. Registration is limited to a single user per account.

6.1. Registration Information

  • You must provide accurate and complete information, including a valid email address.

  • If registering as a Creator, you may be required to provide additional documentation (e.g., government-issued ID) for verification.

6.2. Security

  • You are responsible for maintaining the confidentiality of your username and password.

  • You must not share your account credentials with anyone.

  • You agree to notify us immediately of any unauthorized access or suspicious activity.

  • We are not liable for any losses incurred by unauthorized use of your account.

6.3. Account Deletion

  • You may request account deletion at any time by contacting us or using the account deletion feature.

  • If you have ongoing subscriptions or if you are a Creator with active subscribers, account deletion may be scheduled after any final subscription period or final payment cycle.

  • Once an account is deleted, you cannot recover associated Content or data.

7. INTELLECTUAL PROPERTY RIGHTS

MCHAT LLC ("MarieApp") owns and operates the Platform, including software, interfaces, graphics, and all other materials ("Platform Materials").

7.1. License to Use

  • MarieApp grants you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes (unless you are an approved Creator).

  • You must not reproduce, distribute, publicly display, or exploit any part of the Platform unless expressly permitted.

7.2. Trademarks

  • All trademarks, service marks, and trade names on the Platform are the property of MCHAT LLC or its licensors. You must not use these marks without prior written permission.

7.3. User Content Ownership & License

  • As between you and MarieApp, you own any Content you post.

  • By uploading Content, you grant MarieApp a perpetual, irrevocable, worldwide, sublicensable, and royalty-free license to use, copy, distribute, display, modify, or transmit your Content in any media now known or hereafter developed for the purpose of operating and promoting the Platform.

  • You waive any moral rights or similar rights you may have in your Content.

8. PROHIBITED USES

You must use the Platform only for lawful purposes and in accordance with this Agreement. Prohibited uses include but are not limited to:

  1. Illegal Activity: Violating any applicable law or regulation.

  2. Exploitation of Minors: Involving minors in any capacity.

  3. Sex Trafficking or Prostitution: Promoting or facilitating these activities.

  4. Harassment or Hate Speech: Harassing, abusing, or harming another person, or advocating hatred.

  5. Spam or Advertising: Sending unsolicited commercial messages.

  6. Infringement of IP: Posting content you do not own or have no right to post.

  7. Malware or Hacking: Introducing viruses or circumventing security measures.

We may immediately terminate your account and take legal action if we find you engaged in any prohibited use.

9. CONTENT POSTING & MODERATION

9.1. Pre-Publication Review

  • MarieApp exercises pre-publication review of all Creator uploads to ensure compliance with adult content laws and this Agreement.

  • If Content is deemed illegal, unauthorized, or in violation, we may remove, block, or alter it without prior notice.

9.2. User Responsibility

  • You are solely responsible for the legality, reliability, and appropriateness of your Content.

  • You represent that you have obtained all necessary licenses, rights, consents, and permissions for any third-party material included in your Content.

9.3. Unauthorized Content Distribution

  • While we take measures to protect Content (e.g., watermarking), we cannot guarantee that no third party will illegally copy or distribute Content.

  • You hereby release MCHAT LLC from any claims resulting from such unauthorized distribution.

10. PAYMENT TERMS & TRANSACTIONS

10.1. Payment Processing

  • Payments are processed by third-party payment providers. MarieApp does not store payment details.

  • Transaction fees, currency conversions, and taxes are added at checkout where applicable.

10.2. Earnings & Commissions

  • Creators set pricing within MarieApp’s permitted parameters.

  • MarieApp retains a commission on each transaction (e.g., 20% for standard sales). The remainder is paid to the Creator.

  • Commission rates may be changed at MarieApp’s discretion.

10.3. Refunds & Chargebacks

  • All sales are final. Payments are nonrefundable unless required by law.

  • If you believe a technical error occurred, contact support. Refunds in exceptional circumstances are at MarieApp’s sole discretion.

  • Chargebacks: Fraudulent or bad-faith chargebacks may result in account suspension and withholding of funds.

10.4. Wallet Credits

  • Subscribers may purchase Wallet Credits for use on certain features.

  • Wallet Credits are nonrefundable and do not earn interest.

11. BILLING DISPUTES

  • If you think you have been incorrectly charged, notify support@marieapp.com in writing within 30 days of the charge.

  • Failure to dispute within 30 days waives your claim.

  • We will investigate and, if warranted, credit or refund the disputed amount at our discretion.

12. MONITORING, ENFORCEMENT & TERMINATION

12.1. Monitoring

  • We are committed to a respectful community and may monitor all Content to ensure compliance.

  • We assume no liability for conduct or content posted by Users.

12.2. Enforcement Actions

  • We may remove Content, disclose user identity to law enforcement, or terminate accounts for violating these terms.

  • If your account is terminated, you may lose access to your Content and any funds in your wallet.

12.3. Cooperation with Law Enforcement

  • MarieApp will fully cooperate with law enforcement in investigating illegal activities on or through the Platform.

13. DISCLAIMER OF WARRANTIES

MARIEAPP PROVIDES THE PLATFORM "AS IS" AND "AS AVAILABLE." We make no warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be:

  1. Error-free or uninterrupted.

  2. Fully secure or free from viruses.

  3. Available in all jurisdictions.

You bear all risks associated with your use of the Platform.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • MCHAT LLC is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits or data.

  • MCHAT LLC’s total liability to you for any claim is limited to the amount you have paid to MarieApp in the six months preceding the claim or $500, whichever is greater.

  • We are not liable for content posted by Users, or unauthorized distribution of your Content.

Some jurisdictions do not allow certain liability exclusions or limitations, so these may not fully apply.

15. INDEMNIFICATION

You agree to indemnify and hold harmless MCHAT LLC, its affiliates, officers, employees, and agents from all claims, liabilities, damages, judgments, awards, losses, and costs (including legal fees) arising out of or related to:

  1. Your use of the Platform.

  2. Your violation of this Agreement.

  3. Your Content, including any claims it infringes a third party’s rights.

  4. Any fraudulent, illegal, or abusive activity.

We reserve the right to assume exclusive defense and control over any matter subject to indemnification.

16. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement is governed by the laws of the United States and your local jurisdiction, without regard to conflict-of-law provisions.

16.1. Arbitration & Class Action Waiver

  • Any dispute or claim relating in any way to your use of the Platform shall be submitted to binding arbitration, rather than court, except where prohibited by law.

  • You waive any right to bring or participate in a class action.

  • If any part of this clause is deemed invalid or unenforceable, the remaining portions remain in full force and effect.

17. TIME LIMIT ON CLAIMS

Any cause of action or claim you may have arising out of or relating to this Agreement must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

18. NO TRANSFER

This Agreement is personal to you. You must not transfer any rights or obligations under this Agreement without our prior written consent.

19. WAIVER & SEVERABILITY

  • No Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right.

  • Severability: If any provision is held invalid, the remaining provisions remain in full force.

20. ENTIRE AGREEMENT

This Agreement, together with any documents incorporated by reference, constitutes the entire understanding between you and MarieApp.

21. CONTACT INFORMATION

  • MCHAT LLC
    30 N GOULD DR
    SHERIDAN, WY 82801
    UNITED STATES

  • For support or inquiries, email: support@marieapp.com

22. UNSOLICITED IDEAS POLICY

We do not accept unsolicited ideas or proposals for products, services, or marketing. Any unsolicited ideas you submit become our property without compensation.

23. ACKNOWLEDGMENT

By using the Platform, you represent that:

  1. You have read and understood these terms.

  2. You agree to be bound by them.

  3. You are at least 18 years old and have the legal capacity to comply.

© 2025 MCHAT LLC. All Rights Reserved.