Terms of Service

1.1 Account
“Account” means the individual environment within the Application assigned to the Uploader.

1.2 Adult Content
“Adult Content” means any File that is sexually explicit, pornographic, erotic, or restricted to adults under applicable law.

1.3 Application
“Application” means the “FlixSell” application, available in the App Store, on Google Play, and as a web application at flixsell.com.

1.4 AVS
“AVS” means the Age Verification System used to verify that a Downloader is at least 18 years of age (or the higher age of majority required in their jurisdiction).

1.5 Consent Documentation
“Consent Documentation” means the signed model releases, identity documents, and image/publication consents obtained for each depicted person in accordance with Section 6.

1.6 CSAM
“CSAM” means child sexual abuse material — real, synthetic, or AI-generated.

1.7 Downloader / Buyer
“Downloader” or “Buyer” means any natural person who accesses, purchases, or downloads a File.

1.8 Download Page
“Download Page” means the page accessible via a dedicated URL from which a File may be downloaded for a fee.

1.9 File
“File” means any digital media object processed by the Solution (e.g., image/*, video/*, application/pdf).

1.10 NCII
“NCII” means non-consensual intimate imagery.

1.11 Privacy Laws
“Privacy Laws” means the applicable data protection laws, including — where applicable — the GDPR, the CCPA/CPRA, and other U.S. and foreign privacy regulations.

1.12 Solution / Service
“Solution” or “Service” means the Application and the Download Pages together.

1.13 FlixSell
“FlixSell,” “we,” or “us” means Flixsell LLC (FLIXSELL LIMITED LIABILITY COMPANY), a limited liability company organized under the laws of the State of Wyoming, USA, with its business address at 30 N Gould St Ste N, Sheridan, Wyoming 82801, USA, registered with the Secretary of State of the State of Wyoming, represented by Justin Leon Schwan, Managing Member.

1.14 Uploader / Creator / Seller
“Uploader,” “Creator,” or “Seller” means any natural person who registers an Account and offers Files or other services for sale.

1.15 User
“User” means an Uploader or a Downloader individually, as well as both collectively.

1.16 Gross Revenue
“Gross Revenue” means the revenue generated by the Creator through FlixSell before deduction of platform and transaction fees, including all revenue types listed in Section 15.

1.17 Referral Program
“Referral Program” means the program operated by FlixSell under which Creators may refer other Creators and receive a commission.

2.1 Role of FlixSell
FlixSell provides a technical service that enables Uploaders to upload Files and services and make them available to Downloaders for a fee. FlixSell acts solely as an intermediary technical service provider and is not the seller, author, or publisher of any File.

2.2 Order of Precedence
These Terms of Service govern the relationship between FlixSell and the User. In the event of conflict: (1) any annexes, (2) these Terms.

2.3 Acceptance
By creating an Account, uploading a File, purchasing or downloading a File, or using the Referral Program, the User accepts these Terms. Upon registration, the Creator also accepts the self-billing arrangement under Section 15.7.

3.1 Adults Only
The Solution is reserved exclusively for adults. Every User represents that they are at least 18 years of age and of legal age in their jurisdiction.

3.2 KYC
To register as an Uploader, the applicant must complete FlixSell’s identity verification process (KYC). FlixSell may refuse or revoke registration and is entitled to request a renewed identity verification at any time. Without successful (renewed) verification, payouts and features may be restricted.

3.3 Credentials
The Uploader is responsible for the confidentiality and security of their login credentials and is liable for all activity under their Account.

3.4 Personal Accounts
Accounts are personal. Anyone acting through an agency must ensure that every person using the Account is authorized, identity-verified, and bound by these Terms.

3.5 Geographic Restrictions
For legal, regulatory, and compliance reasons (including sanctions, export control, and anti-money laundering rules, as well as requirements of our payment service providers), Uploaders and Downloaders with residence, seat, or habitual residence in the following countries are currently not accepted as users of the Solution:

• Belarus
• China (Mainland)
• Cuba
• India
• Iran
• Iraq
• Israel
• Myanmar
• Nepal
• Nicaragua
• North Korea
• Russia
• Syria
• Turkey
• Venezuela
• Vietnam
• United States of America (USA)

FlixSell may update this list at any time to reflect regulatory developments or changed requirements of payment service providers. If a registration from one of the listed countries is identified, FlixSell may refuse the registration or suspend the relevant Account.

4.1 Permitted Content
Subject to Sections 5 and 6, the Solution permits lawful Adult Content depicting only consenting adults (18+). The Uploader alone is responsible for ensuring that each File is lawful in every relevant jurisdiction.

4.2 Strictly Prohibited Content (Zero Tolerance)
The following is strictly prohibited and will result in immediate permanent termination, preservation of relevant data, and reporting to competent authorities, including in particular:

• CSAM or any content that depicts, appears to depict, or sexualizes a minor — real, fictional, synthetic, or AI-generated;
• NCII / non-consensual content (revenge porn, hidden recordings, deepfakes without consent);
• Content involving non-consenting persons, sexual violence, human trafficking, coercion, or exploitation;
• Content that is unlawful under card and payment partner rules, Wyoming/U.S. law, or the law of the target audience;
• Infringement of third-party rights.

4.3 AI and Synthetic Content
For AI-generated or synthetic content, the Uploader represents that no minors are depicted or sexualized, that real persons are used only with documented consent, and that the synthetic nature is disclosed where legally required.

4.4 Ownership
The Uploader must own all rights in each File or be fully authorized to sell it.

5.1 Performers
Before uploading, the Uploader must verify that every depicted person is 18+ and retain the documentation under Section 6.

5.2 Downloaders
Access to Adult Content requires completion of the AVS. The AVS is a mandatory access control.

5.3 Uploader Responsibility
The Uploader remains solely responsible for compliance with youth protection and age-verification laws. FlixSell does not assume that responsibility but enforces the AVS as a condition of access to Adult Content.

6.1 Required Records
For every File depicting one or more natural persons, the Uploader must securely obtain and retain for at least seven (7) years or the period required by law: (a) a copy of a valid government-issued photo ID of each depicted person proving they were 18+ at the time of production; (b) a signed model release and image/sale consent; and (c) the date and place of production.

6.2 Production on Request
Upon request, the documentation must be provided to FlixSell without delay. If valid documentation is not produced, Files may be removed and the Account suspended.

6.3 Custodian of Records
Custodian: Flixsell LLC, 30 N Gould St Ste N, Sheridan, Wyoming 82801, USA, Justin Leon Schwan, Managing Member, support@flixsell.com.

7.1 Representations
Upon each upload, the Uploader represents that the File complies with these Terms, that all depicted persons are consenting adults with valid Consent Documentation, and that the File is lawful in the jurisdictions where it is offered.

7.2 Lawful Use and Marketing
The Uploader uses the Solution lawfully, does not circumvent the AVS or other security measures, and respects third-party rights. Illegal marketing methods (including spam, misleading advertising, and violations of third-party platform or advertising rules) are prohibited and will result in Account suspension.

7.3 Indemnity
The Uploader indemnifies FlixSell against all third-party claims, regulatory actions, fines, chargebacks, and damages arising from their Files or a breach of these Terms, including reasonable legal costs.

8.1 Amendment
FlixSell may amend these Terms for legal, regulatory, payment-partner, or technological reasons and will notify Users of material changes.

8.2 Effective Date
Changes take effect 15 days after notice (or immediately where required by law or to address an immediate legal or security risk). Within that period, the User may terminate the agreement to the extent Account deletion under Section 19 is available.

9.1 Eligible Grounds
A refund may be available where the content materially differs from the description, delivery does not occur within a reasonable time (generally within 24 hours), technical issues prevent access or download and cannot be fixed promptly, or the Buyer is charged more than once for the same content due to a processing error.

9.2 Exclusions
No refund for subjective dissatisfaction, change of mind after download, mistaken but completed downloads, or content that matches the description but not the Buyer’s expectations.

9.3 Procedure
Submit a request within 14 days of purchase to support@flixsell.com with transaction details, the reason, and any supporting evidence.

10.1 Immediate Performance
Where mandatory consumer law grants a right of withdrawal for digital content, the Buyer expressly consents to immediate performance (delivery/download) and acknowledges that, upon commencement of the download, they lose any statutory right of withdrawal for that File to the extent the law permits.

10.2 Mandatory Protection
This Section does not limit refunds under Section 9 or mandatory consumer protections that cannot be waived under the Buyer’s home law.

11.1 Availability
FlixSell provides the Solution on a commercially reasonable basis, excluding force majeure and scheduled maintenance.

11.2 Moderation
FlixSell may use automated and human moderation and may remove or restrict content to comply with law, payment-partner rules, or these Terms.

12.1 Reporting
Report content believed to be unlawful, infringing, non-consensual, or otherwise in breach to report@flixsell.com (or via the reporting form), including the URL, the reason, and contact details.

12.2 CSAM / NCII
Suspected CSAM or NCII is treated as an emergency: immediate removal or blocking, preservation of relevant data, and escalation to competent authorities and recognized child-protection organizations as applicable.

12.3 Requests by Depicted Persons
A person depicted in a File may request removal and withdraw consent for future sale; verified requests will be implemented without undue delay.

12.4 Authorities
FlixSell complies with valid orders of competent authorities and maintains contact points as required by law (including the DSA where applicable).

13.1 Technical Intermediary
FlixSell acts solely as a technical intermediary and is not liable for user-generated content unless FlixSell has actual knowledge of unlawful content and fails to act. Where applicable, 47 U.S.C. § 230 applies.

13.2 Limitation
To the extent permitted by law, FlixSell is not liable for indirect or consequential damages. Liability that cannot be excluded by law remains unaffected.

13.3 User Liability
Users are liable for damages arising from their use of the Solution.

14.1 Third-Party Providers
Payments are processed by external payment service providers. FlixSell does not store full card data. Adult Content is subject to special card-scheme and provider rules; processing may be restricted, delayed, held in reserve, or declined.

14.2 Reserves and Recovery
FlixSell may apply rolling reserves, withhold funds, or recover amounts in connection with chargebacks, refunds, fraud, or suspected breaches.

14.3 AML / Sanctions
The Solution may not be used for money laundering, sanctions evasion, or other unlawful financial activity; required AML/KYC information must be provided.

15.1 Platform Fee Total 15%
Platform fees total 15% of the Creator’s Gross Revenue, consisting of 2.5% transaction fees and 12.5% platform fees.

15.2 Revenue Types
Fees are charged on all sales and revenue-generating transactions of a Creator, including in particular: product sales, wishlist sales, tips, upselling products, and collection sales.

15.3 Vouchers
Creator vouchers are not payable in cash to the Creator or to FlixSell. They may only provide discounts on sales and do not create a payout entitlement.

15.4 Payout Schedule
Payouts are calculated automatically on the 1st and the 15th of each month:

• Revenue/credits from the 1st through the 15th of a month are paid out on the 1st of the following month;
• Revenue/credits from the 16th through the end of the month are paid out on the 15th of the following month.

In individual cases (review, banks, KYC, suspected breaches), payout may take longer.

15.5 Collection and Default
Users are responsible for paying all due fees, taxes, and amounts. FlixSell may withhold or set off amounts owed from reserves and balances. In case of default, interest under Wyoming law and reasonable collection fees may apply.

15.6 Negative Balance
If the Creator’s balance goes negative due to cancellations, refunds, chargebacks, or other deductions, the Creator must pay FlixSell to bring the balance to zero.

15.7 Self-Billing
Payouts are made by Flixsell LLC. Where applicable, settlement is effected by self-billing. By registering, the Creator accepts that FlixSell issues billing documents on the Creator’s behalf. Documents may bear the following statement:

“SELF-BILLING – This document has been issued by the Platform on behalf of the Creator pursuant to the applicable agreement between the parties.”

16.1 Uploader Responsibility
Fees are exclusive of taxes unless otherwise stated. Uploaders alone are responsible for determining, collecting, reporting, and remitting taxes applicable to their sales and must provide accurate tax-status information on request (including W-9, W-8BEN, or equivalent). FlixSell may file legally required information returns (e.g., Form 1099).

17.1 Commission
Under the Referral Program, the referring Creator receives a commission of currently 7.5% of the referred Creator’s Gross Revenue, subject to program conditions. FlixSell may change the commission rate; the Creator will be notified by email at least 30 days in advance.

17.2 KYC and Deactivation
If KYC is open or incomplete, the Referral Program may be deactivated. While the Referral Program is deactivated or suspended, further referring and receipt of commissions are excluded.

17.3 Breaches
Breaches of these Terms or program rules (including illegal marketing methods) may result in temporary or permanent suspension of the Account and/or the Referral Program.

18.1 Broadcast Email Feature
Once the “broadcast email” feature is enabled, Creators may contact customers with promotional emails. Illegal or unlawful messages to customers may result in restriction or deactivation of the Creator Account without prior notice.

18.2 Buyer Consent
By purchasing a product through FlixSell, customers accept that they may be contacted again by email. This includes in particular reminder emails after an abandoned purchase and promotional messages from FlixSell or from Creators on FlixSell, to the extent permitted by law.

19.1 Suspension by FlixSell
FlixSell may suspend or terminate access for breaches of these Terms, legal or payment-partner requirements, or risks to the Solution or third parties. Breaches related to CSAM, NCII, or age verification result in immediate permanent termination.

19.2 Self-Deletion by the Creator
The Creator may delete their Account at any time in the settings. Upon deletion, the Account, data, and settings are deleted except where legal retention obligations apply.

19.3 Negative Balance on Deletion
If a negative balance exists at or after deletion, the Creator must pay the Platform to clear the balance. Deletion does not release the Creator from this obligation.

20.1 Rights
FlixSell holds all rights in the Application and the Download Pages. Users receive a limited, revocable license to use the Solution in accordance with these Terms. Uploaders grant FlixSell a limited license to host, process, display, and deliver their Files solely to operate the Solution.

21.1 Processing
FlixSell processes personal data in accordance with the Privacy Laws and its Privacy Policy (Platform and Partner Program).

22.1 Wyoming Law
These Terms are governed by the laws of the State of Wyoming and the federal law of the United States, excluding conflict-of-laws rules. To the extent permitted by law, the courts in Sheridan County, Wyoming, USA, have jurisdiction. Mandatory consumer protections at the User’s place of residence remain unaffected.

23.1 Severability and Entire Agreement
If any provision is invalid, the remaining provisions remain in effect. These Terms including any annexes constitute the entire agreement regarding the Solution.

23.2 Contact
General inquiries: support@flixsell.com. Content reports: report@flixsell.com. Flixsell LLC, 30 N Gould St Ste N, Sheridan, Wyoming 82801, USA, Justin Leon Schwan, Managing Member.