Terms of Service

These Terms of Service (the "Terms") set out the conditions for using "NEOFANS" (the "Service"), provided by Appligon K.K. (株式会社Appligon), a company incorporated in Japan, the operator of the Service ("we", "us" or "our"). Everyone who uses the Service (a "User") agrees to these Terms. This English version is provided for convenience; the Japanese version is also available. Where the governing law under Article 17 is Japanese law and the two versions conflict, the Japanese version prevails.

Article 1 (Definitions)

1. "Fan" means a User who uses the Service to view or purchase Creators' Content.
2. "Creator" means a User who posts Content on the Service and offers it to Fans. There are two kinds of Creators: individuals who have completed identity verification ("Personal Creators") and AI characters operated by a User ("AI Characters").
3. "Content" means any photo, video, text, audio or other information a Creator posts on the Service.
4. "Plan" means a monthly subscription offered by a Creator. "PPV" means Content purchased item by item, and a "Tip" means a voluntary payment to a Creator.

Article 2 (Eligibility)

1. The Service is available only to persons aged 18 or over. Persons under 18 may not use the Service in any way, including browsing.
2. Users represent that they are 18 or over when registering and when viewing adult Content for the first time. We may require identity documents to confirm age.
3. To receive earnings as a Creator, a User must complete our identity verification (an identity document and a selfie). Operators of AI Characters must also complete identity verification themselves.

Article 3 (Accounts)

1. Users are responsible for managing their accounts and must not let any third party use them.
2. Each User may hold one Creator account, either as a Personal Creator or as an AI Character.
3. We may suspend or delete the account of any User who violates these Terms without prior notice.

Article 4 (Creator Obligations and Content Standards)

1. Creators warrant that they hold all rights necessary for the Content they post and the consent of every person appearing in it. Reposting third-party works without permission, and using photos or videos of real people without their permission, are prohibited.
2. Content in which a person under 18 appears, or which is presented so that a person appears to be under 18, is strictly prohibited in any form. Such Content will be removed immediately and reported to the relevant authorities.
3. When posting sexual Content, Creators must apply appropriate mosaic censorship to any part showing genitals, in accordance with Japanese law. We may replace Content we judge to be uncensored with a fully mosaicked version or hide it.
4. When producing Content in which persons other than the Creator appear, Creators must comply with Japan's Act on Special Provisions for Performance Contracts for the Prevention of Harm to Performers in Sexual Act Videos and Relief of Performers (the "AV Act"). See About the AV Act (Japanese).
5. AI Characters always display on their pages that they are an "AI Character". Presenting AI-generated Content as the work of a human Creator is prohibited.
6. Creators may sell or distribute the same Content outside the Service (there is no exclusivity obligation).

Article 5 (Prohibited Conduct)

• Conduct that violates laws or public order and morals
• Posting child sexual abuse material, bestiality, content that endorses violence or coercion, or recordings made without the subject's consent (including so-called revenge porn)
• Infringing the rights of other Users or third parties, or impersonation
• Unauthorized copying, reposting or distribution of Content, or sharing screenshots of it
• Soliciting direct transactions outside the Service, or forcing others to exchange contact details
• Fraudulent payments, abuse of chargebacks, or obtaining referral rewards fraudulently using multiple accounts
• Interfering with the operation of the Service, reverse engineering, or mass access using automated tools

Article 6 (Fees and Payment)

1. Prices for Plans, PPV and Tips are set by Creators and shown on each screen. Displayed prices include Japanese consumption tax.
2. Payment is made by credit card or other payment methods we designate. Payments are processed through payment service providers we contract with, and the name designated by us or the payment service provider appears on card statements.
3. Plans renew automatically every 30 days until cancelled. You can cancel at any time from your subscriptions list and keep access until the end of the paid period. No pro-rated refunds are given.
4. Payments for Plans, PPV (including bundles and DMs) and Tips carry a fan fee of 2% of the price (rounded down to the nearest yen), added to the price. We receive the fan fee, and the price, fan fee and total are shown before payment. The same percentage applies in points when paying with points. Point purchases and paid Creator features carry no fan fee. The fan fee on Plan renewals stays at the amount set when you subscribed.
5. Points on the Service (1 point = ¥1) can be purchased by credit card or other means in set units of ¥1,000 or more. PPV and Tips under ¥1,000 can be paid only with points; for ¥1,000 or more you may choose points or a card. Points expire 180 days after the day they are charged (purchased) and are used starting with those closest to expiry. Expired points are forfeited. Points cannot be refunded in cash or transferred to others.
6. Generation fees in NEOFANS Studio (face samples, photos, videos) are also paid in points (the points required per generation are shown on the generation screen). Points granted free of charge by us as sign-up bonuses, official LINE bonuses or charge bonuses can be used only for Studio generation, not for PPV, Tips or other payments. If a generation fails, the points used are returned.
7. The paid Creator feature (AI Secretary, ¥2,980 per month) renews automatically every 30 days until the Creator cancels it.

Article 7 (Refunds)

1. Due to the nature of digital content, PPV, bundles, Tips, Plans and points cannot be cancelled or refunded after purchase.
2. However, if Content cannot be displayed due to a fault in our system and we cannot fix it within a reasonable period, we will handle the matter individually on request. If we cancel a purchase paid with points, the points used are returned (with their original expiry dates).
3. If Content becomes unavailable because a Creator's account is suspended, we will decide individually how to handle the remaining period.
4. Nothing in this Article limits any statutory rights you have as a consumer under the laws of your country of residence.

Article 8 (Creator Earnings and Payouts)

1. Creators receive the price (excluding the fan fee; the same applies below) minus our fee. Our fee is 17%, or 15% if the previous month's sales were ¥300,000 or more, 14% if the previous month's sales were ¥1,000,000 or more (sales are the total of prices in the previous calendar month in Japan time, excluding cancelled sales). The rate is fixed at the time of each sale and does not change later. Our fee includes payment processing fees. We may apply a lower fee to Creators with whom we have individually agreed.
2. Sales are closed at the end of each month, and if the unpaid balance is ¥3,000 or more, it is transferred to the registered account at the end of the second month after the closing month (or the next business day if that is a bank holiday). A transfer fee of ¥200 is deducted from each transfer.
3. We make transfers after confirming that we have received the sales proceeds for that month from the payment provider. If the payment provider's remittance is delayed, the transfer is postponed to the first payout date after we confirm receipt.
4. If a payment provider withholds part of the sales as a reserve against refunds and chargebacks, we hold the same proportion of that month's sales. Held amounts are paid on the payout date after we confirm their return from the payment provider (the minimum holding period is six months from that month's payout date). Holding is not forfeiture.
5. If a refund or chargeback occurs, the corresponding sale is deducted from the Creator's balance, first from subsequent payouts and then, if insufficient, from held amounts.
6. We set the holding rate and period in line with the payment providers' conditions and display them on the Service. Changes unfavorable to Creators (a higher rate or longer period) are announced at least 30 days before they take effect.
7. Creators are responsible for paying their own taxes on earnings. Creators who hold a Japanese qualified invoice issuer registration number may register it in the designated field on the Service.

Article 9 (Referral Rewards)

Users may refer new Users through referral links. The conditions of referral rewards (rate and period) are set out on the referral page. Self-referral, fraud using multiple accounts, and nuisance conduct aimed at referrals are prohibited.

Article 10 (Intellectual Property)

1. Copyright in Content belongs to the Creator. Creators grant us permission to use Content (display, reproduce, resize and apply mosaic) to the extent necessary to provide and promote the Service.
2. By purchasing or subscribing, Fans obtain the right to view Content privately on the Service.
3. Works purchased individually (manga, CG collections, audio) and free works may be downloaded for private use only (subscriber-only Content cannot be downloaded). Content, including downloaded files, may not be redistributed, reposted, uploaded or sold. Downloaded files may contain information identifying the purchaser.

Article 11 (Complaint Handling Process)

1. Where to report: We accept reports and complaints about Content or Creators that may be illegal or otherwise violate these Terms or our Content Standards (Articles 4 and 5) through either of the following. Anyone, including people who are not Users, may report by email.
   • The "Report" button on every post and Creator page (login required)
   • Email: support@neofans.net (please write "Report" or "Complaint" in the subject line)
2. How to submit: Please include the URL of the page concerned (or the name of the post or Creator), the reason (suspected minor, lack of consent, rights infringement, missing mosaic, spam or other) and the details. If reporting by email, please also include contact details where we can send you the outcome.
3. Review: Every report and complaint is reviewed by our staff, who examine the report and the Content concerned. Reports of suspected minors or lack of consent alert our staff immediately on receipt and are reviewed with top priority. Content we judge to carry a high risk of violation may be hidden before the review is concluded. Where necessary, we ask the Creator for an explanation or evidence (such as performers' consent forms or proof of rights).
4. Action: Depending on the outcome of the review, we hide or remove Content, require the Creator to correct it, suspend or delete accounts, withhold payouts, and report to the relevant authorities as required by law. If no violation is found, the Content remains available.
5. Time limit: We review and resolve all reports and complaints within 5 business days of receipt.
6. Notification of the outcome: For reports made with the Report button, an acknowledgement is sent automatically to the reporter's registered email address, and the outcome is notified once the report has been resolved. For reports made by email, the outcome is sent to the contact details provided. If you disagree with the outcome, contact us at the address above with your reference number and we will review it again. Creators whose Content is hidden or removed are notified of the action and a summary of the reason.
7. We never disclose the reporter's identity to the reported party. Except as required by law, we are not obliged to disclose every detail of the reasons for our actions.

Article 12 (Removal Requests by Persons Depicted)

1. Any person who appears in a photo, video or other Content on the Service, or who can be identified by their voice, name or otherwise, may request the removal of that Content, whether or not they are a User. A person may make this request even if they had previously consented to appear, by withdrawing that consent.
2. Please send the request to support@neofans.net with the URL of the Content and information showing that you are the person concerned (for example, material that can be compared with your photo). Requests from authorized representatives are also accepted.
3. On receipt of a request, we promptly hide the Content without waiting for the review, then review it, reach a decision within 5 business days and notify the person who made the request. If the Creator cannot show valid consent from every person appearing, the Content is removed.
4. Performers' rights under the AV Act (such as stopping publication and cancelling contracts) are protected by law separately from this request.

Article 13 (Intellectual Property Infringement: Notice and Takedown Policy)

1. We respect copyrights, trademarks, rights of publicity and other rights of others, and accept infringement notices following the "notice and takedown" procedure of the U.S. Digital Millennium Copyright Act (DMCA).
2. Rights holders or their agents should send a notice to support@neofans.net (subject: "Infringement Notice") containing:
   • Identification of the copyrighted work or other right claimed to be infringed
   • The URL of the infringing Content
   • The name, address, telephone number and email address of the complainant
   • A statement that the complainant has a good-faith belief that the use is not authorized by the rights holder, its agent or the law
   • A statement that the information in the notice is accurate and, under penalty of perjury, that the complainant is the rights holder or is authorized to act on the rights holder's behalf
   • A physical or electronic signature of the complainant
3. On receiving a notice that meets these requirements, we promptly hide the Content concerned and notify the Creator who posted it. Review and action are completed within 5 business days, and the complainant is notified of the outcome.
4. A Creator whose Content has been hidden may file a counter-notice with reasons and supporting material if they believe they hold the rights or the notice was mistaken. We forward the counter-notice to the complainant and decide whether to restore the Content in accordance with applicable law.
5. We suspend or delete the accounts of repeat infringers. Anyone who submits a false notice or counter-notice is liable for any resulting damage.

Article 14 (Disclaimer)

1. We do not guarantee that the Service will be provided without interruption, or that the content of any Content is accurate.
2. Disputes between Creators and Fans are to be resolved between the parties, and we are not liable except as provided by law.
3. Except in cases of our intentional misconduct or gross negligence, our liability is limited to the amount the User paid us in the most recent 12 months.
4. Nothing in this Article limits any rights that the laws of your country of residence guarantee to consumers.

Article 15 (Changes to and Termination of the Service)

We may change the Service or end its provision with prior notice. If the Service ends, Creators' unpaid balances will be settled and transferred.

Article 16 (Changes to these Terms)

We may change these Terms. Material changes are announced on the Service or by email to the registered address at least 14 days before they take effect. Changes unfavorable to Creators' earnings, such as fee increases, are announced at least 30 days before they take effect. Using the Service after a change constitutes agreement to the change.

Article 17 (Governing Law and Jurisdiction)

1. To comply with applicable regulatory requirements for different customer groups, these Terms may be subject to different governing laws. UK-based customers are governed by the laws of the United Kingdom, while customers in the APAC region are governed by the laws of Japan. Customers in other regions are governed by the laws of Japan.
2. For disputes governed by Japanese law, the Tokyo District Court has exclusive jurisdiction as the court of first instance. UK-based customers may bring proceedings in the courts of the part of the United Kingdom in which they live.

Article 18 (Payment Processing Entity)

For payment processing purposes, payments for the Services may be processed by the following payment processing entity:

Xylor Company Limited
5 Effie Rd, Sutton Crt Rd, London, United Kingdom, SW6 1EL
Company Number 17374738

Contact

For questions about these Terms, contact support@neofans.net.