Creator Terms of Service

These Creator Terms of Service (these "Creator Terms") govern your use of the LuxGift platform as a creator: a person who maintains a public wishlist, receives gifts, and may interact with fans. These Creator Terms are a legal agreement between you and LuxGift Corp. ("LuxGift," "we," "us," or "our"), a Delaware corporation. By creating a creator profile or using the Service as a creator, you agree to these Creator Terms.

These Creator Terms incorporate our Privacy Policy by reference. If you choose to earn commission, the separate Commission Earnings Contract also applies to your earnings and payouts; these Creator Terms govern the creator relationship generally, and the Commission Earnings Contract governs earning and payment. Capitalized terms have the meaning given where defined.

1. The Creator Role

As a creator, you can set up a public profile and wishlist, receive physical gifts that fans buy from your wishlist, and, where you enable it, receive and respond to paid interactions and private conversations with fans. Receiving gifts does not require you to earn commission; earning is optional and separate (see Section 7).

2. Eligibility and Your Profile

You must be at least 18 years old to be a creator. You agree to provide accurate, current, and complete profile information, to keep your account credentials secure, and to be responsible for activity under your account.

Your creator profile includes information you choose to make public, such as a display name, username, bio, avatar, and social links. You are responsible for the content of your profile and wishlist, and for ensuring you have the right to use anything you post.

3. Your Wishlist and Receiving Gifts

You may add available catalogue items to a public wishlist. When a fan gifts an item, the order is fulfilled and shipped to the delivery address associated with your profile. You are responsible for maintaining an accurate default delivery address; gifts are shipped using the details captured at the time of the order.

You acknowledge that gift orders are fulfilled through third-party suppliers, that catalogue availability and pricing come from third-party sources, and that delivery timelines are estimates and not guaranteed. A gift may be refunded to the fan in defined circumstances (for example, out-of-stock at fulfillment or a supplier cancellation or return), in which case the item will not be delivered.

4. Delivery Address and Privacy

To ship a physical gift to you, your delivery address and contact details are shared with our fulfillment provider and the upstream supplier, as described in our Privacy Policy. If you do not want your delivery details used for fulfillment, do not maintain a public wishlist that fans can gift from.

5. Interactions and Conversations

You may enable, limit, or pause paid interactions and private conversations with fans. Where you accept a paid interaction, you agree to deliver it as described and within any applicable time; if you do not deliver in time, the fan's payment or Credits are returned to the fan and you do not earn on that interaction. You are responsible for your conduct and content in interactions and conversations, and must comply with Section 6.

6. Content, Conduct, and Safety

You are responsible for all content you post or send, including profile content, wishlist choices, and interaction and conversation messages. You agree not to post, send, or transmit content that is unlawful, harassing, hateful, threatening, defamatory, obscene, sexually exploitative, infringing, deceptive, or otherwise objectionable, and not to use the Service for any unlawful purpose or to abuse, harass, or harm fans or other users.

Anyone can report content or block another user. We may review reported content and take action, including warnings, content removal, suspension of features, or account termination, consistent with our policies and applicable law. We may act to protect users and to comply with legal obligations.

7. Earning Commission (Optional)

Earning commission is optional and requires you to qualify and be approved. Whether and how you earn, the amounts, clearance, payouts, tax documentation, and withholding are governed entirely by the separate Commission Earnings Contract. Nothing in these Creator Terms entitles you to any payment; the Commission Earnings Contract is the source of any earning and payout rights. If you do not enter into and satisfy the Commission Earnings Contract, you may still receive gifts but will not earn commission.

8. Account Status, Suspension, and Termination

We may suspend or terminate your creator profile or account if you breach these Creator Terms, the Commission Earnings Contract, or our other terms, if we suspect fraud or abuse, or as needed to protect users or comply with law. You may stop being a creator and delete your account at any time.

If your account is terminated for cause, any earning and payout consequences are governed by the Commission Earnings Contract. Termination does not entitle you to any payment except as provided in that contract or required by law. Provisions that by their nature should survive, including content responsibility, disclaimers, limitation of liability, and dispute resolution, survive termination.

9. Disclaimers

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted or error-free, that catalogue data is accurate, that any particular volume of gifts or earnings will result, or that any gift will be delivered within a particular timeframe.

10. Limitation of Liability

To the maximum extent permitted by law, LuxGift will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, data, or goodwill, arising out of or relating to the Service. Some jurisdictions do not allow certain limitations, so some may not apply to you. Nothing limits liability that cannot be limited under applicable law.

11. Changes to These Creator Terms

We may update these Creator Terms from time to time. If we make material changes, we will notify you as required by law, including by updating the "Last Updated" date and, where appropriate, by email or in-app notice. Your continued use of the Service as a creator after an update takes effect indicates your acceptance, except where your consent is required.

12. Governing Law and Disputes

These Creator Terms are governed by the laws of the State of Delaware and the United States, without regard to conflict-of-law principles, except to the extent that mandatory laws of your place of residence apply.

13. Contact

For questions or help, contact us at support@luxgift.app.