Terms of Use for Fan of Creators

Smugg.me Inc.

Last Updated: January 29, 2025

IMPORTANT — PLEASE READ CAREFULLY

These Terms of Use for Fan of Creators (“Fan Terms”) govern your use of the Smugg.me Inc. platform as a Fan of Creators (“Fan of Creators”, “you”, or “your”).

By creating an account or using Smugg.me Inc.’s services, you agree to:

  • These Fan Terms

  • Our General Terms of Service

  • Our Privacy Policy (PIPEDA-compliant)

  • Our Payment Terms

  • Any applicable Creator Terms

All such documents form a legally binding agreement between you and Smugg.me Inc., a Canadian corporation governed by the laws of Canada and the Province of Ontario.

If you do not agree, do not use the platform.

1. FAN OF CREATORS ACCOUNTS

1.1 Account Creation

Your account is created once you accept these Fan Terms during registration.

As a Fan of Creators, you may:

  • Access exclusive Content

  • Purchase Memberships

  • Send Direct Messages

  • Unlock paid content

  • Interact with Creators

  • Participate in community features

You may deactivate your account through your account settings or by contacting Smugg.me Inc. at the official support email listed on the website.

Deleted accounts cannot be restored, and associated content or purchase history may not be recoverable, subject to legal retention obligations.

1.2 Eligibility & Legal Capacity

By creating an account, you represent and warrant that:

  • You are at least 18 years of age

  • You have the legal capacity to enter into binding agreements in your jurisdiction

  • All information provided is accurate and truthful

Smugg.me Inc. may request identity or age verification in compliance with Canadian law.

2. PAID CONTENT

Certain platform features are free. Others require payment.

Content provided by Creators may include entertainment elements such as scripted, fictional, dramatized, or role-play material. Smugg.me Inc. does not verify the factual accuracy of Creator content.

Creators may use third-party agencies or account managers. Your interaction may be with an authorized representative rather than the Creator personally.

To the fullest extent permitted under Canadian law, Smugg.me Inc. is not liable for disputes arising from your interaction with a Creator account.

2.1 Memberships (Subscriptions)

You may purchase subscription-based memberships (“Memberships”) offered by Creators.

Membership Terms:

  • Fees are disclosed prior to purchase

  • Charges occur in advance of the membership period

  • Memberships renew automatically unless cancelled before renewal

  • Fee changes apply to future renewal terms only

You may cancel at any time via your account dashboard. Access continues until the end of the current billing period.

Refund Policy:

Unless required by applicable Canadian consumer protection law:

  • Membership payments are non-refundable

  • No pro-rated refunds are provided

  • Suspended or terminated accounts are not entitled to refunds

2.2 Direct Messages

You may pay to send Direct Messages to Creator accounts.

Smugg.me Inc. does not guarantee:

  • Response times

  • Frequency of replies

  • Creator engagement levels

Fees are:

  • Pre-paid

  • Clearly disclosed at purchase

  • Non-refundable

Billing history is accessible in your account.

2.3 Locked Content

Creators may offer paid content behind a paywall (“Locked Content”).

Access requires payment of the displayed price.

All payments for Locked Content are final and non-refundable, except where required under applicable law.

Access may be revoked if:

  • Payment fails

  • The Creator blocks you

  • The Creator deletes their account

  • Your account violates platform rules

Smugg.me Inc. does not guarantee continued access if a Creator removes content.

2.4 Other Paid Programs

Smugg.me Inc. may introduce additional monetized features. These may be subject to additional disclosed terms at time of purchase.

We reserve the right to modify or discontinue paid programs at any time.

3. COMMUNICATIONS & ELECTRONIC CONSENT (CASL COMPLIANCE)

3.1 Consent to Receive Communications

By providing your email address or phone number, you provide express consent to receive:

  • Transactional communications

  • Account notifications

  • Creator communications

  • Platform updates

  • Promotional messages (where applicable)

All electronic communications comply with Canada’s Anti-Spam Legislation (CASL).

You may withdraw consent at any time by:

  • Using unsubscribe mechanisms

  • Adjusting notification settings

  • Contacting support

Withdrawal of consent does not affect prior lawful communications.

3.2 Creator Messaging

By following a Creator account, you acknowledge that you may receive:

  • Direct messages

  • Push notifications

  • Platform notifications

  • SMS or MMS messages (if you provide your number)

Message frequency may vary.

Some messages may be automated.

You are responsible for carrier messaging charges.

Smugg.me Inc. does not guarantee delivery of messages.

4. PRIVACY & PERSONAL INFORMATION (PIPEDA COMPLIANCE)

Smugg.me Inc. collects, uses, and discloses personal information in accordance with:

  • The Personal Information Protection and Electronic Documents Act (PIPEDA)

  • Applicable provincial privacy legislation

4.1 Your Privacy Rights

You have the right to:

  • Request access to your personal information

  • Request correction of inaccurate data

  • Withdraw consent (subject to contractual/legal limitations)

  • Request deletion where legally permissible

  • File complaints with the Office of the Privacy Commissioner of Canada

Personal information is:

  • Collected for identified purposes

  • Protected using appropriate administrative, technical, and physical safeguards

  • Retained only as long as necessary

For full details, see our Privacy Policy.

5. ACCOUNT RESPONSIBILITIES

You agree to:

  • Use only your own identity and contact information

  • Not impersonate others

  • Not circumvent payment systems

  • Not share purchased content unlawfully

  • Comply with Canadian law

Smugg.me Inc. may suspend or terminate accounts that violate these terms.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by Canadian law:

Smugg.me Inc. is not liable for:

  • Creator conduct

  • Content accuracy

  • Loss of access due to account termination

  • Indirect or consequential damages

Nothing in these Terms limits liability where prohibited under Canadian consumer protection or negligence laws.

7. TERMINATION

Smugg.me Inc. may suspend or terminate accounts for:

  • Violation of these Terms

  • Fraudulent activity

  • Illegal conduct

  • Payment failures

Termination does not entitle you to refunds unless required by law.

8. MODIFICATIONS TO THESE TERMS

We may update these Fan Terms periodically.

For material changes, we will:

  • Provide advance notice where required

  • Update the “Last Updated” date

  • Request re-acceptance if necessary

Continued use after updates constitutes acceptance.

9. GOVERNING LAW

These Terms are governed by:

  • The laws of Canada

  • The laws of the Province of Ontario

Disputes shall be resolved in Ontario courts unless otherwise required by consumer protection law.


10. SPECIAL PROVISIONS FOR RESIDENTS OF QUÉBEC

If you are a resident of the Province of Québec, the following provisions apply and prevail in the event of any conflict with other sections of these Terms.

10.1 Language Rights

In accordance with Québec law, you confirm that you have expressly requested that these Terms of Use and all related documents be drawn up in English.

Les parties aux présentes confirment qu’elles ont exigé que ces conditions d’utilisation et tous les documents connexes soient rédigés en anglais.

If required by law, a French version will be made available.

10.2 Consumer Protection Act Compliance

Nothing in these Terms limits or excludes rights granted to Québec consumers under the Québec Consumer Protection Act.

Where you qualify as a “consumer” under Québec law:

  • Any clause that is abusive, excessively unbalanced, or contrary to good faith may be null.

  • Any limitation of liability applies only to the extent permitted by Québec law.

  • Mandatory statutory warranties cannot be excluded where applicable.

  • You may benefit from cancellation rights where required by law for distance contracts.

If any provision of these Terms is inconsistent with mandatory provisions of Québec consumer law, that provision shall be interpreted in a manner consistent with applicable legislation.

10.3 Jurisdiction and Dispute Resolution (Québec Residents)

If you are a Québec resident:

  • You may bring legal proceedings before the courts of Québec.

  • Any forum selection clause designating courts outside Québec does not apply where prohibited under Québec law.

  • Any mandatory arbitration clause shall not prevent you from exercising rights before a Québec court where such restriction would be invalid under applicable law.

10.4 Limitation of Liability (Québec Standard)

Under the Civil Code of Québec:

  • Liability for material injury caused to another person through intentional fault or gross fault may not be excluded.

  • Liability for bodily or moral injury may not be limited where prohibited by law.

Accordingly, any limitation of liability in these Terms applies only to the extent permitted by the Civil Code of Québec.

10.5 Privacy Rights – Québec Residents

If you reside in Québec, your personal information is also governed by applicable Québec private-sector privacy legislation.

In addition to rights outlined in our Privacy Policy, you may:

  • Request access to your personal information

  • Request rectification of inaccurate information

  • Request cessation of dissemination where permitted by law

  • Request deletion where legally applicable

  • File a complaint with Québec’s privacy regulator

Smugg.me Inc. will respond to privacy requests within legally required timelines.

10.6 Interpretation

These Terms shall be interpreted in accordance with the Civil Code of Québec for Québec residents and in a manner consistent with good faith obligations under Québec law.