Terms and Conditions

1. INTRODUCTION

Welcome to MODELTY APP, a platform designed to protect, manage, and maximize opportunities for content creators (hereinafter the "Content Creator" or "Creator"). By accessing or using MODELTY APP, you agree to these Terms and Conditions, forming a binding agreement with us. If you do not agree, you must stop using our services immediately.

1.1 Company Information

MODELTY APP is operated by MyPettly Company, a U.S.-based entity:

• 651 N Broad St, Suite 2021, Middletown, Delaware, 19709
• For inquiries, contact us at hello@modelty.app.

1.2 Account Registration

The Content Creator must provide accurate and complete information to register for an account to use our Services. The Content Creator shall not share their account credentials or make them available to third parties and will be responsible for all activities that occur under their account. If the Content Creator creates an account or uses the Services on behalf of another person or entity, they must have authority to accept these Terms on their behalf.

2. PURPOSE

2.1 Exclusive Representation

MODELTY APP shall serve as the sole and exclusive representative of the Content Creator's image, managing profiles, promoting content, and commercially exploiting the Creator's image on the platforms that the Content Creator explicitly shares and consents to during the registration process. MODELTY APP specifically requests which platforms the Creator wishes to include under this representation at the time of registration, and this may be extended to additional platforms through mutual written agreement. During the term of this Agreement, the Content Creator shall not appoint or engage any other individual or entity as a representative for the Creator's image, sponsorship deals, or similar commercial purposes covered by this Agreement on the specified platforms.

2.2 Unified Platform Management

MODELTY APP centralizes all revenue streams and manages profiles through its proprietary platform, ensuring transparency, compliance, and optimized results.

2.3 Consent for Content Submission

By submitting content to MODELTY APP via email or designated platforms, the Content Creator consents to its use across multiple platforms and services administered by MODELTY APP.

2.4 Notification and Transfer of Existing Accounts

If the Content Creator has existing accounts on relevant platforms (e.g., OnlyFans, Fansly), they must notify MODELTY APP. By continuing on these accounts, the Creator transfers all rights, usage, and ownership of the account names and related profiles to MODELTY APP for exclusive management.

2.5 Type of Content and Limits

The Content Creator acknowledges that they may produce content of various types—subject to the guidelines and limits of each respective platform. MODELTY APP respects each Creator's personal boundaries and will not require the Creator to produce content that exceeds personal or platform-based limits.

3. FINANCIAL AGREEMENT

3.1 Subscription Fee

1. Free Trial: The Content Creator is entitled to three (3) months of free access to all services.
2. Monthly Fee: Starting from the fourth (4th) month, the Content Creator will be billed $199 USD per month. This fee is billed automatically (e.g., via Stripe) and is non-refundable.

3.2 Commitment Period

The subscription term is twelve (12) months. If the Content Creator chooses to terminate the agreement before completing this period, they must pay the full remaining balance of the 12-month subscription, subject to the conditions in Section 7.2.

3.3 Unified Revenue Management

The Content Creator grants MODELTY APP full rights to manage payment and earnings accounts on platforms like OnlyFans and Fansly. All income is consolidated within MODELTY APP's system, providing transparent oversight and monitoring.

3.4 Security-Related Access Restriction

To comply with platform policies and ensure account security, the Content Creator waives direct access to the managed accounts. Any unauthorized access or multiple logins on prohibited devices are strictly forbidden.

3.5 Revenue Channels and Commission Structure

1. Standard Platform Earnings: MODELTY APP retains 50% of net earnings generated through OnlyFans, Fansly, Cam4, Pornhub, ManyVids, and similar established platforms, with the remaining 50% remitted to the Content Creator.
2. New or Alternative Channels: For any new or alternative distribution channels developed and managed by MODELTY APP (e.g., online stores, specialized Telegram groups, or other novel platforms), the Content Creator receives 35% of net earnings, and MODELTY APP retains 65% to fund development and operational costs.
3. Withdrawal Management:
   • Exclusive Handling: Withdrawals from these platforms will be managed exclusively by MODELTY APP to integrate a secure technological solution, transitioning to a regularized bank account for the Creator's financial development.
   • Platform/Third-Party Fees: Any applicable fees for withdrawals or transfers will be deducted prior to the final disbursement of funds.
4. Blockchain Wallet: Funds may initially be received through the MODELTY APP blockchain wallet, and subsequently transferred to the Creator, depending on available international banking integration.

3.6 Separate Finance Agreement Page

If more detailed financial clauses or authorizations (e.g., setting up new accounts) are needed, a separate "Finance Agreement" may be provided. By signing said document, the Content Creator authorizes MODELTY APP to:

• Create accounts on their behalf to ensure financial transparency.
• Use third-party services for payouts, currency conversions, or tax-related tasks.
• Deduct any necessary network or banking fees to finalize transactions.

3.7 Creator Levels (M0, M1, M2, M3) and Payment Schedule

1. Initial Level (M0): Every Content Creator starts at Level M0 upon joining MODELTY APP.
2. Level Advancement: Creator levels may be upgraded bimonthly based on performance, KPIs, timeliness, and participation in promotional activities.
3. Payment Schedule:
   • Standard: The monthly subscription fee and other amounts owed shall be paid within thirty (30) days, specifically within the first five (5) days of each month.
   • Alternate Deadline: Creators at higher levels (e.g., M2 or M3) may have the option to complete payment within fifteen (15) days, depending on privileges assigned to their level.
4. Unlocks & Dashboard: The Creator's performance metrics, payments, and earnings will be visible in the MODELTY.APP dashboard, with respective payouts unlocked according to each level.
5. Credits or "modelty coins": MODELTY APP may grant "credits," "points," or "modelty coins" to encourage and reward weekly or monthly performance at its sole discretion.

4. RIGHTS AND OBLIGATIONS

4.1 Rights of MODELTY APP

MODELTY APP reserves the right to:

• Exclusively manage the Creator's profiles and accounts on specified platforms.
• Own and manage any characters, brands, or avatars created or enhanced for five (5) years following termination of this Agreement.
• Develop and monetize additional revenue streams using the submitted content.

4.2 Obligations of the Content Creator

The Content Creator agrees to:

• Produce and submit content in accordance with MODELTY APP's guidelines.
• Respect MODELTY APP's editorial control over submitted content.
• Actively participate in marketing campaigns, promotions, and activities requested by MODELTY APP.
• Maintain social media accounts in line with MODELTY APP directives.
• Comply with platform-specific terms, conditions, and privacy policies.
• Provide necessary sponsorship or advertising disclosures.
• Avoid unethical or harmful activities.
• Complete any required promotional responsibilities or scheduled production sessions.
• Respond to MODELTY APP within 24 hours unless otherwise justified.

5. PLATFORM RIGHTS AND RESPONSIBILITIES

5.1 Account Management

By registering, the Creator grants MODELTY APP exclusive rights to manage, oversee, and optimize their profiles (OnlyFans, Fansly, and others) for revenue maximization.

5.2 Data and Privacy

The Content Creator consents to the usage of their image and general profile data for promotional purposes. Personal data (e.g., legal names, addresses) will be disclosed only as necessary for legal, financial, or tax compliance.

5.3 DMCA and Content Protection

MODELTY APP deploys measures to detect and remove unauthorized content sharing (e.g., DMCA takedowns). However, absolute content control on the internet cannot be guaranteed.

6. USE OF IMAGE AND CONTENT

6.1 Content Rights

While the Creator retains ownership of their content, they grant MODELTY APP an irrevocable license to use, distribute, modify, and monetize it on relevant platforms (OnlyFans, Fansly, and others deemed suitable by MODELTY APP).

6.2 Ownership of Persona and Brand

Any persona, avatar, brand, or digital identity created or enhanced by MODELTY APP remains the exclusive property of MODELTY APP for five (5) years after the Agreement ends.

6.3 Partner Presentations

The Creator authorizes MODELTY APP to use their image, general profile data, and content for presentations to potential sponsors, collaborators, or business partners. Confidential data is disclosed only with explicit consent.

7. TERM AND TERMINATION

7.1 Duration

This Agreement remains valid for an initial period of twelve (12) months and renews automatically unless either party terminates it in compliance with these Terms.

7.2 Early Termination by the Content Creator

If the Content Creator terminates before the 12-month period:

1. Full Payment: The Creator must pay the remaining subscription balance.
2. Intellectual Property: The Creator forfeits any rights to characters, brands, or other IP developed by MODELTY APP.
3. Restricted Use: The Creator must not utilize any MODELTY APP-created branding for five (5) years.

7.3 Termination by MODELTY APP

MODELTY APP may unilaterally terminate this Agreement at its sole discretion with a fifteen (15) day notice.

1. No Remaining Fee Required: Should MODELTY APP choose to cancel, the Creator is not liable for the unpaid balance of the 12-month subscription; any fees already paid remain non-refundable.
2. Settlement of Outstanding Payments: Pending payments to the Creator will be settled, and the Creator must fulfill any remaining obligations.

7.4 Termination Process by Content Creator

When a Content Creator requests to terminate their account:

1. Processing Period: MODELTY APP requires eight (8) business days to deactivate all associated services and platforms.
2. Final Settlement Period: An additional eight (8) business days are required to calculate and process any remaining balances or payouts due to the Creator.
3. Payment Obligation: As specified in Section 7.2, termination by the Creator before completing the 12-month period requires payment of the full remaining balance of the subscription.
4. Final Account Statement: After the processing periods, the Creator will receive a final account statement detailing all calculations.

8. SERVICE MODIFICATIONS

MODELTY APP reserves the right to revise or update these Terms and Conditions or any service component at any time, at its sole discretion. Such modifications will be communicated through one or more of the following channels:

• Email sent to the registered address
• In-app notifications
• Push notifications
• Banner on the MODELTY APP dashboard
• Other official channels

When significant changes are made to these Terms, MODELTY APP will:

1. Provide a clear summary highlighting the key modifications
2. Give users a notice period of at least 15 calendar days before changes take effect
3. Maintain an accessible archive of previous versions of the Terms and Conditions

By completing the registration process and using MODELTY APP services, users acknowledge and agree that:

• These Terms and Conditions apply from the moment of registration or first use of the service
• Continued use of MODELTY APP after notification of changes constitutes acceptance of the updated Terms
• Failure to accept changes within the notice period may result in account suspension or termination

9. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

9.1 Content Control Limitations

MODELTY APP implements measures to protect and monitor content but cannot guarantee full removal of unauthorized material online.

9.2 No Class Actions

All disputes are to be settled on an individual basis. The Content Creator waives any right to initiate or join a class action against MODELTY APP.

9.3 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODELTY APP AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SERVICES, AND EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

THE CONTENT CREATOR AGREES AND ACKNOWLEDGES THAT ANY USE OF THE RESULTS OF OUR SERVICE IS AT THEIR OWN RISK AND THEY WILL NOT RELY ON THE RESULTS AS THE SOLE SOURCE OF TRUTHFUL OR FACTUAL INFORMATION, NOR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MODELTY APP NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100 USD).

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE TERMS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. GENERAL CONDITIONS

10.1 Force Majeure

MODELTY APP is not liable for delays or failures caused by events outside its reasonable control, including natural disasters, platform outages, legal restrictions, or technical disruptions.

10.2 Confidentiality

Both parties agree to safeguard any proprietary or sensitive information during and after the term of this Agreement.

10.3 No Commercial Relationship

This Agreement does not create any partnership, joint venture, or employer-employee relationship between the Creator and MODELTY APP.

10.4 Governing Law

This Agreement is governed by the laws of the State of Delaware, United States. Any disputes shall be resolved in the courts of Delaware.

11. ASSIGNMENT

11.1 Non-transferability by the Content Creator

The Creator may not assign or transfer this Agreement or delegate obligations to a third party without prior written consent from MODELTY APP.

11.2 Transferability by MODELTY APP

MODELTY APP may assign or transfer this Agreement and its rights or obligations to its parent company, MyPettly Company, or any affiliate without notice.

12. RELATIONSHIP BETWEEN THE PARTIES

12.1 Independent Contractor Status

The Creator is an independent contractor and not an employee of MODELTY APP.

12.2 No Partnership or Joint Venture

No partnership, joint venture, or corporate entity is formed between the parties. Each is responsible for its own legal, financial, and tax obligations.

13. CONFIDENTIALITY

13.1 Confidentiality Obligation

The Creator must not disclose any confidential information about this Agreement or MODELTY APP's business operations to unauthorized parties.

13.2 Breach and Indemnification

Any breach of confidentiality may result in legal action and liability for damages incurred by the non-breaching party.

13.3 Confidentiality Exceptions

Confidentiality obligations do not apply where:

• Disclosure is required by law or government authority, with prior notice to MODELTY APP if reasonably possible, or
• The information is already public knowledge through no fault of the disclosing party.

13.4 Data Protection Compliance

The Creator agrees to comply with all relevant data protection laws, including GDPR and CCPA, where applicable.

14. SCOPE OF SERVICES AND COMMUNICATIONS

14.1 MODELTY APP Services Scope

MODELTY APP exclusively provides services related to image enhancement, content management, and reputation management for Content Creators. The scope includes:

• Management of the Creator's online presence and content
• Enhancement of the Creator's digital image and brand
• Content distribution and management across designated platforms
• Management of the Creator's provided content as specified at registration

14.2 MODELTY ME Payment Services

MODELTY ME (Payments) is an independent entity from MODELTY APP. However, MODELTY APP contracts MODELTY ME services to manage:

• Accounting
• Payment processing
• Multi-currency transactions
• Financial compliance
• Payout distribution

14.3 Payment and Financial Inquiries

All payment inquiries, payout requests, and financial matters should be directed to:

• Email: payout@modelty.me

14.4 Technical Support and General Inquiries

For technical issues, account changes, or any other inquiries related to MODELTY APP services:

• Email: support@modelty.me
• Intercom live chat support available within the MODELTY APP interface for all users

14.5 Response Time

Both MODELTY APP and MODELTY ME aim to respond to all inquiries within 48 hours during business days.

15. ADDITIONAL LEGAL PROVISIONS

15.1 Indemnification

To the maximum extent permitted by law, the Content Creator agrees to indemnify and hold harmless MODELTY APP, its affiliates, and their respective personnel from any costs, losses, liabilities, and expenses (including attorneys' fees) arising from third-party claims that arise from or relate to the Content Creator's use of the Services and Content or any breach of these Terms.

15.2 Entire Agreement

These Terms contain the complete agreement between the Content Creator and MODELTY APP regarding the Services and, except for any Service-specific terms, supersede any prior or contemporaneous agreements between the Content Creator and MODELTY APP.

15.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.