Terms of service

These Terms of Service (“Terms”) form a binding agreement between you and Grandest Inc (to be renamed Grandist Inc, also referred to as “Grandist,” “we,” “us,” or “our”). By signing up and creating an account on Grandist (the “Platform”), you agree to these Terms. For information on how we collect and use personal data, see our separate Privacy Policy.

1. Acceptance of Terms
By accessing or using Grandist, you agree to be bound by these Terms. These Terms form a binding agreement between you and Grandist. If you do not agree with any part of these Terms, you must not use the Platform. For information on how we collect and use personal data, see our separate Privacy Policy.

2. Eligibility and Account Registration

• Age Requirement: You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use Grandist, whether as a content creator or a consumer. By registering, you represent and warrant that you meet this age requirement. Grandist is not directed at children, and we do not knowingly allow anyone under 18 to use the Platform. If we discover you are under 18, we reserve the right to terminate your account immediately.
• One Account Per Person: You may only register and maintain one account on Grandist for your personal use. You must not create multiple accounts or share your account with others. Transferring or selling accounts is prohibited. You are responsible for all activity that occurs under your account.
• Accurate Information: When creating an account, you agree to provide truthful, current, and complete information about yourself, and to keep this information up-to-date. You shall not provide false identity information or impersonate any other person or entity.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for restricting access to your account. If you believe your account has been compromised, notify us immediately. We are not liable for any loss or damage arising from unauthorized use of your account.
• Global Use: Grandist is available globally. You are responsible for ensuring that your use of the Platform is in compliance with all laws and regulations applicable in your territory. We make no representations that the Platform is appropriate or available for use in all locations.

3. User Conduct and Content Guidelines
We are committed to keeping Grandist a safe, respectful, and lawful community. By using the Platform, you agree to the following conduct standards:

• No Illegal or Harmful Conduct: You may not use Grandist for any unlawful purpose or in any manner that violates these Terms. Do not engage in fraud, hacking, or any activity that could damage or interfere with the Platform or anyone’s use of it. You must not exploit or harm minors in any way, or attempt to do so.
• Prohibited Content: You must not upload, post, display, or share any content that is illegal, infringing, or otherwise violates any law or regulation. In addition, the following content is strictly prohibited on Grandist: (a) any sexually explicit or pornographic material (including nudity or sexual acts); (b) graphic or gratuitous violence, or content that promotes violence, self-harm, or cruelty; (c) hate speech or content that is defamatory, harassing, or discriminatory; (d) bullying, stalking, intimidation or threats; (e) fraudulent, misleading, or impersonation content; (f) any content involving individuals under 18 years of age (no minors may appear in any content, even incidentally); or (g) any other content that violates our Community Guidelines or that we deem harmful or inappropriate.
• Respectful Behavior: Treat all users with respect. No bullying, harassment, or intimidation of others is allowed on the Platform, including via posts, comments, direct messages, video calls, or any other interactions. Do not engage in doxxing, trolling, or encouraging others to harass someone.
• No Circumventing Safety Measures: Do not attempt to circumvent any content filtering, security features, or moderation tools. Using code words or signals to evade our policies is prohibited.
• No Spam or Unauthorized Promotions: You may not use Grandist to transmit unsolicited advertising, bulk messages, chain letters, or spam, or to artificially inflate engagement metrics. You may not run contests, sweepstakes, or other promotions without our prior written consent.
• Compliance with Other Policies: You agree to follow additional community standards or content guidelines we publish. We may update our policies from time to time, and continued use of the Platform signifies your acceptance.
• Enforcement: We may review, moderate, or remove any content that violates these Terms or our policies, and take action against any user who breaches our rules, including content removal, warnings, suspension or termination, and reporting to law enforcement. We are not responsible for user-generated content; you use the Platform at your own risk with respect to content others post.

4. Payments, Credits, and Subscriptions
Grandist operates on a credit-based system and supports subscription services. The following terms apply to all financial transactions on the Platform:

• Virtual Credits (License Only): When you purchase Grandist “Credits,” you buy a limited, revocable license to use those Credits within the Platform for eligible content and services. Credits are not real money, are non-transferable, non-exchangeable, and have no value outside Grandist.
• No Expiration for Purchased Credits: Purchased Credits do not expire (except where expiration is permitted by law). Promotional or free Credits may expire on the date disclosed at issuance.
• Credit Changes: We may change the way Credits work at any time, including their purchasing power, redemption options, or availability. This means that the value of Credits you already hold may change, and Credits may be worth more or less in the future depending on updates to our pricing, features, or policies. Where feasible, we will provide reasonable notice before making material changes to the Credit system.
• Unclaimed Property: We may be required by law to treat long‑inactive balances as unclaimed property and remit them to the applicable government after a dormancy period.
• Credit Purchases Are Final: All sales of Credits are final and non-refundable, except as expressly provided in these Terms or required by law. If your jurisdiction provides a statutory cooling‑off period, we will honor applicable rights.
• Use of Payment Processors: Payments (including purchases of Credits and subscriptions) are processed by third‑party providers (e.g., Stripe), whose terms and privacy policies apply. We do not store full payment card details.
• App‑Store Purchases (Apple/Google): If you purchase in our iOS/Android apps, Apple or Google bills you directly. Cancellations and refunds for those purchases must be managed in your Apple or Google account settings. We cannot cancel or refund store‑billed transactions.
• Pricing and Creator Earnings: Creators set prices within ranges we may impose. We may enforce pricing floors/ceilings. Grandist may take a commission; the remainder (net of fees, taxes, chargebacks) constitutes the creator’s earnings. Mispricing or bait‑and‑switch tactics are prohibited.
• Automatic Subscription Renewals & Click‑to‑Cancel: Subscriptions renew at the stated interval until you cancel. You may cancel online at any time in Settings → Subscriptions → Cancel; no chat, call, or email is required. Cancellation stops future renewals; you retain access through the paid period.
• Pre‑Checkout Disclosures & Consent: Before you subscribe we disclose price, renewal frequency, how to cancel, and that charges recur until you cancel. By clicking Start Subscription, you authorize recurring charges.
• Renewal Reminders: For annual plans and free trials that convert to paid, we send reminders 3–30 days before the next charge with the renewal date/amount and a direct Cancel link.
• Price Changes: If we increase subscription prices, we will provide advance notice and obtain your affirmative consent where required by law. If you do not agree, you may cancel before the change takes effect.
• Cancellation and Refunds for Subscriptions: You may cancel anytime; fees already charged are non‑refundable except (a) within any grace period we offer or (b) where a failure of service/content delivery warrants a remedy. For iOS/Android in‑app purchases, refunds are handled by Apple/Google per their policies.
• Purchase of One‑off Services/Content: One‑time purchases are charged immediately and are non‑refundable unless the creator fails to deliver as promised. If undelivered, we may credit the fan and debit the creator accordingly.
• Fraud Prevention, Chargebacks & Reserves: We may suspend/cancel transactions, place holds, or maintain temporary reserves on creator balances if we suspect fraud, unauthorized use, or elevated risk. Chargebacks may be debited against creator earnings; negative balances may be recovered from future payouts.
• No Off‑Platform Payments: All financial interactions that originate through Grandist must be completed through Grandist. Circumventing our payments system (e.g., PayPal, crypto, or other off‑platform payments for platform‑related content/services) is prohibited and may result in suspension or termination.
• Taxes & Reporting: We collect and remit transaction taxes where required. Creators are responsible for their income/self‑employment taxes. We (or our payout partner) may collect tax information (e.g., TIN/VAT) and report creator earnings where required (e.g., IRS Form 1099‑K in the U.S.; DAC7 reporting in the EU). We may withhold or delay payouts pending receipt/verification of required tax information.

5. Content Ownership and Intellectual Property

• Creators Retain Ownership: Creators retain full ownership of content they create and post on Grandist. Users retain ownership of their submissions (e.g., comments). Nothing in these Terms transfers ownership to us.
• License to Grandist: By posting content, you grant Grandist a worldwide, non‑exclusive, royalty‑free, sublicensable license to host, store, reproduce, modify (for technical purposes), distribute, transmit, display, and perform your content to operate, improve, and promote the Platform. This includes transcoding, resizing/cropping, creating thumbnails, and displaying your name/username/likeness alongside your content. This license ends when you remove content from our systems, except where copies were shared with others who have not deleted them, or where we retain archival copies for legal compliance.
• License to Other Users (Fans): When fans lawfully access paid content, the creator grants the fan a limited, personal, non‑commercial license to view/use it as permitted on the Platform. Fans may not download, record, screenshot, redistribute, or publicly display paid content outside Grandist without permission. We may use technical measures (e.g., watermarks) to deter misuse.
• Your Responsibility for Your Content: Post only content you created or have rights to use. You represent and warrant you have all necessary rights and permissions (including from any person whose image/voice appears) and that your content does not infringe third‑party rights. You indemnify Grandist for claims arising from your content.
• Content Moderation and Removal: We may remove/disable content that violates these Terms or our policies and may suspend/terminate accounts of repeat violators. We do not pre‑screen all content; please report violations via in‑product tools.
• DMCA – Copyright Infringement Policy & Agent: If you believe content infringes your rights, send a DMCA notice to our Designated Agent at legal@grandist.com. We respond to valid notices and maintain a policy to terminate repeat infringers.

6. Direct Messages (DMs)

Grandist may offer private messaging between fans and creators. All conduct rules in Section 3 apply to DMs.

• No Off‑Platform Deals: Do not use DMs to arrange off‑platform payments or exchanges that circumvent Grandist’s payments system.
• Moderation of DMs: Private messages may be monitored by automated tools (e.g., keyword filters) and reviewed by our safety team if reported or system‑flagged for potential misconduct. We may remove or block messages that violate our rules and warn/ban users for misconduct in DMs.
• Privacy in DMs: We handle DM content per our Privacy Policy. DMs are not completely private or confidential; use caution and avoid sharing sensitive personal information.

7. Video Calls
Grandist may enable one‑on‑one or live video calls as a premium service.

• Scheduling & Payment: Calls are arranged through our scheduling system; fans must purchase/redeem the required Credits/fees at booking.
• Cancellations: A fan may cancel up to 48 hours before the start time for a full refund to the fan’s Grandist credit balance. Within 48 hours or no‑shows may incur a late‑cancellation fee (up to the full price). If the creator cancels/fails to attend, the fan receives a full refund.
• Behavior During Calls: All users must behave appropriately and respectfully. Any form of abuse, harassment, hate speech, sexual misconduct, or other prohibited behavior is forbidden and may result in termination without refund.
• Recording & Consent: Recording a call requires explicit, per‑session, in‑app consent from both the fan and the creator. The app will display a visible indicator while recording. In some jurisdictions, all parties must consent to recordings; you are responsible for complying with laws where you are. If any participant withdraws consent, recording stops. Grandist may observe a session for trust & safety if we suspect a violation.
• Technical Requirements & No Liability for Call Content: You are responsible for suitable equipment and connectivity. We do not guarantee uninterrupted or error‑free calls and may reschedule or credit refunds if technical issues prevent a satisfactory session. Call content is user‑generated; exercise judgment and report violations.

8. Indemnification
You agree to indemnify, defend, and hold harmless Grandist and its affiliates, officers, agents, employees, and partners from and against all losses, liabilities, claims, demands, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content or use of the Platform; (b) your violation of these Terms or any law/regulation; (c) your infringement of any third‑party rights; or (d) your fraud, negligence, or willful misconduct. We may assume the exclusive defense of any matter subject to indemnification at your expense; you agree to cooperate. This obligation survives termination.

9. Disclaimers of Warranties
Grandist is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement, and any warranty that the service will be uninterrupted or error‑free. We do not guarantee the accuracy or reliability of user content or AI outputs. Some jurisdictions do not allow certain exclusions; in those places, implied warranties are limited to the minimum scope/duration permitted.

10. Limitation of Liability
To the maximum extent permitted by law, Grandist and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenues, goodwill, data, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if advised of the possibility. In no event will our total cumulative liability exceed the greater of: (i) the total fees you paid to Grandist in the 12 months prior to the event; or (ii) $100 USD. Some jurisdictions do not allow certain limitations; in those places our liability is limited to the smallest amount permitted.

11. Account Termination and Suspension
We may suspend, disable, or terminate your account or access at any time, for any reason or no reason, with or without notice (e.g., violations of these Terms/law, harmful behavior, service discontinuation, extended inactivity). If terminated for violations, you are not entitled to refunds of unused Credits or subscription time. We may prohibit new accounts. You may delete your account in settings; certain information may be retained as required/permitted by law.

12. Changes to These Terms
We may modify or update these Terms from time to time for legitimate reasons (e.g., service updates, legal changes). If we make material changes, we will provide notice by posting the updated Terms and updating the “Last Updated” date, and in some cases via email or in‑app notification. Unless stated otherwise, changes are effective when posted. Continued use after posting (and any applicable notice period) constitutes acceptance. If you do not agree, stop using Grandist and delete your account.

• Subscription Price/Term Changes: Where required, we will provide advance notice and obtain affirmative consent before implementing material subscription price increases or term changes.

13. Governing Law and Dispute Resolution
These Terms are governed by the laws of Delaware, without regard to conflict of law principles. Disputes will be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there (subject to mandatory local consumer protections in your country of residence).

No Class Actions: To the extent permissible by law, disputes must be brought individually and not as a class or representative action.

14. Other Important Terms

• Entire Agreement: These Terms (and incorporated policies/guidelines) are the entire agreement between you and Grandist.
• No Waiver: Our failure to enforce any part is not a waiver.
• Severability: If any provision is invalid, the remainder remains in effect.
• Assignment: You may not assign without our consent; we may assign to an affiliate or successor.
• Relationship: You and Grandist are independent contractors. No agency, partnership, joint venture, employment, or franchise relationship is created.
• Headings: For convenience only; no legal effect.
• Contact Us: hello@grandist.com. For legal notices (including DMCA), see Section 5 or email legal@grandist.com.

15. Regional Supplements (EU/UK)
EU Consumer Right of Withdrawal (Digital Content/Services): If you are an EU/UK consumer, you may have a 14‑day right to withdraw from certain digital content/services. If you request immediate access and expressly acknowledge you will lose the right to withdraw, you will not have this cooling‑off right once performance begins. We provide an online withdrawal form where applicable.

Digital Services Act (EU): We provide (i) a Notice‑and‑Action mechanism; (ii) Statements of Reasons for content/account decisions affecting EU users and an internal complaint mechanism with access to out‑of‑court dispute settlement where applicable; and (iii) transparency about the main parameters of our recommender systems and an option to receive a less‑personalized feed where required.

Trader Traceability (EU KYBC): Creators acting as “traders” must complete verification (legal name, address, ID, bank/VAT info) and will be labeled as traders.