Terms of Service

Last Updated: February 3, 2026

Welcome to FanSpark.tv! These Terms of Service ("Terms") govern your use of our platform and services. By creating an account or using FanSpark.tv, you agree to these Terms. By agreeing to these Terms, you also acknowledge you have read and agree to our Privacy Policy. Please read them carefully.

1. Definitions

• "Platform" refers to the FanSpark.tv website, acting as an online marketplace intermediary.
• "User" refers to any person using the Platform, including Fans and Creators.
• "Fan" refers to a User who supports Creators by purchasing and contributing Diamonds.
• "Creator" refers to a User who has a profile on the Platform to receive support from Fans.
• "Diamonds" are virtual content (digital content) licensed to the User for use exclusively within the Platform to support Creators. Diamonds are not cryptocurrency, electronic money, or real currency, have no monetary value outside of the Platform, and cannot be exchanged for cash or transferred to third parties except as permitted by the Platform's functionality.

2. Platform Operator

The operator of the FanSpark.tv platform is:

3. User Accounts

3.1. Eligibility: To create an account and use the FanSpark.tv Platform, you must be at least 13 years old. If you are between the ages of 13 and 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.2. Transaction Eligibility: To receive payouts as a Creator or to purchase Diamonds as a Fan, you must be at least 18 years old. If you are a Creator between 13 and 18 years of age, you must have a parent or legal guardian manage all financial and payout information on your behalf. By engaging in any transaction on the Platform, you represent and warrant that you meet this requirement.

3.3. Account Responsibility: You are solely responsible for all activity on your account and for keeping your password confidential. You agree to provide accurate and truthful information upon registration.

4. The FanSpark.tv Service (Intermediary Role)

4.1. Legal Relationship & Intermediary Status: FanSpark.tv acts solely as a technical intermediary and commercial agent for the Creator. When a Fan contributes Diamonds to a project, the contract for the provision of content and rewards is formed directly and exclusively between the Fan and the Creator. FanSpark.tv is NOT a party to this transaction/contract but facilitates the technical delivery and payment processing on behalf of the Creator.

4.2. Platform Function: FanSpark.tv is a digital interaction platform that allows Fans to propose and support video ideas for Creators using virtual items ("Diamonds"). The Platform itself does not host video content; it facilitates the interaction between Fans and Creators, linking to content hosted on third-party platforms (e.g., YouTube, Twitch).

4.3. Prohibited Content: You may not use our platform to propose, support, or link to any content that is illegal, infringes on copyright or intellectual property rights, contains hate speech, is pornographic, violent, or otherwise harmful or objectionable.

4.4. Prohibited Activity: FanSpark.tv is a platform for supporting content creation, not a platform for investment, gambling, or financial returns. You are strictly prohibited from using the Platform for any of the following purposes:

• Lotteries and Gambling: You may not create, support, or promote any project that constitutes a lottery, raffle, sweepstake, or any other form of gambling.
• Pyramid and Ponzi Schemes: You are strictly prohibited from using the platform for pyramid schemes, Ponzi schemes, multi-level marketing (MLM), or any other scheme that promises financial returns or profits to participants.
• Investment Opportunities: Any project primarily designed for financial investment, "get-rich-quick" schemes, or offering financial returns is forbidden.

Violation of this policy will result in immediate account termination.

4.5. Content Moderation and Reporting: We reserve the right to review project proposals to ensure compliance with these Terms. Users may report any project they believe violates our policies. If a violation is confirmed, we may remove the project and take action against the responsible User's account.

4.6. Prohibition of Automation: Use of automated systems (robots, spiders, scrapers) to access the Platform is strictly prohibited.

4.7. User Conduct: You agree not to use the Platform in any way that is harmful, disruptive, or interferes with the experience of other Users (e.g., spamming).

4.8. Non-Circumvention: Users may not use the Platform to solicit or recruit other Users to move their relationship off the Platform to avoid fees. Providing links to external payment methods (e.g., PayPal, Patreon) in Project descriptions for the purpose of bypassing FanSpark Commission Fees is strictly prohibited and may result in account suspension.

5. Diamonds and Fan Contributions

5.1. Purchasing Diamonds: Fans can purchase Diamonds for real money. By purchasing Diamonds, you are acquiring a virtual balance to be used exclusively for supporting Creators. You acknowledge that FanSpark.tv receives these funds on behalf of the Creator as their limited payment collection agent.

5.2. Finality of Transactions & Refund Policy: As a User, when you purchase Diamonds (digital content), you explicitly request and consent to the immediate performance of the contract and delivery of the Diamonds before the 14-day withdrawal period expires. Generally, all purchases of Diamonds and contributions are final and non-refundable.

However, FanSpark.tv may, at its sole discretion, issue a refund in cases of proven technical error (e.g., duplicate billing, platform failure, or non-delivery of Diamonds). If you encounter a technical issue, please contact support immediately.

5.3. Canceled Projects: If a Creator officially cancels a project, or if a project is automatically canceled due to a missed deadline, the Diamonds contributed to that specific project will be returned to the respective Fans' FanSpark.tv internal balance.

5.4. Chargebacks and Disputes: You agree to contact FanSpark.tv Support to resolve any billing disputes before contacting your bank. Initiating an unjustified Chargeback (claiming fraud on a valid transaction) is considered a material breach of these Terms. In the event of an unjustified Chargeback, we reserve the right to immediately suspend your account, revoke any purchased Diamonds, and deduct the disputed amount from your balance.

6. Terms for Creators (Agency & Commission)

6.1. Independent Contractor Status: As a Creator, your relationship with FanSpark.tv is that of an independent contractor. You are not an employee or partner of FanSpark.tv.

6.2. Platform Commission Fee: Signing up is free. FanSpark.tv charges a Commission Fee of 30% for the services of operating the platform, processing payments, and acting as an intermediary. This fee is deducted from the total amount collected on behalf of the Creator. The remaining 70% is the Creator's Net Revenue.

6.3. Appointment as Limited Payment Collection Agent: Creator hereby appoints FanSpark.tv as its limited payment collection agent solely for the purpose of accepting the Funds from Fans. Creator agrees that payment made by a Fan to FanSpark.tv shall be considered the same as a payment made directly to the Creator. The Creator will fulfill their obligations to the Fan upon FanSpark.tv's receipt of the funds, regardless of whether FanSpark.tv settles the funds to the Creator.

6.4. Payment Processing: FanSpark.tv uses trusted third-party payment processors to facilitate payments. By accepting these Terms, you agree to comply with their respective Services Agreements where applicable. FanSpark.tv reserves the right to change payment processing providers at any time without prior notice.

6.5. Payout Requests, Thresholds, and Security Hold: To ensure the security of the Platform, prevent fraud, and manage potential chargebacks, all funds credited to a Creator are subject to a mandatory 30-day Security Hold. Payout requests are processed once per month.

Minimum Payout Threshold: Payouts are only processed when the Creator's Payout Wallet balance exceeds the Minimum Payout Threshold (currently set at €100.00, or equivalent in other currencies). Balances below this amount cannot be paid out and must be accumulated until the threshold is met.

6.6. Third-Party Fees and Currency Fluctuations: All payouts are processed in EUR. Payout amounts may be subject to currency conversion fees or transaction fees imposed by the payment processor or your bank. Any such fees are the sole responsibility of the recipient. FanSpark.tv is not responsible for any loss of value due to currency exchange rate fluctuations between the time of contribution and the time of payout.

6.7. Project Fulfillment and Verification Period: As a Creator, you agree to make a good-faith effort to create a video that aligns with the core concept of the proposal.

Verification Process: Funds are held in escrow during a verification period (typically 3 days for standard projects, up to 30 days for rewards) to allow Fans to report any issues. Once the verification period ends successfully, the funds are legally attributed to the Creator but remain subject to the 30-day Security Hold defined in Section 6.5.

A payout will be automatically paused if a valid complaint is filed. A complaint is considered VALID (and may result in a refund) if it relates to:

• Wrong Content (Fraud): The linked video is unrelated to the proposal.
• Pre-existing Content: The linked video was published or uploaded to the hosting platform before the creation date of the project proposal on FanSpark.tv. The content must be created or released specifically in response to the proposal.
• Ignored Topic: The video completely ignores the requested subject matter or central theme.
• Bad Faith Effort: Zero effort content (e.g., black screen).
• Unfulfilled Rewards: Failure to deliver promised Reward Tiers.
• Content Theft / Unverifiable Ownership: The linked video is not the Creator's original work or is hosted on a third-party channel the Creator does not control.
  Note: For platforms that cannot be technically linked to FanSpark (e.g., Rumble), the Creator must demonstrate ownership by including a direct link to their FanSpark Profile in the video description. Linking content where this verification link is missing is considered fraud.

A complaint is considered INVALID (and will be rejected) if it relates to:

• Failed Challenge Attempt (Effort vs. Result):
  The Creator made a genuine, good-faith attempt to complete the requested challenge but failed to achieve the specific victory condition or goal (e.g., lost the game, could not finish the physical task). As long as the content demonstrates a genuine attempt and is published, the obligation is considered fulfilled.
• Creative Differences: Subjective dissatisfaction with the editing style, commentary, or humor.
• Duration: The video is shorter than expected, provided it covers the requested topic.

Specific Rules for Physical Rewards:

If a project includes the delivery of physical items (merchandise, cards, props, etc.), the Creator is solely responsible for shipping and delivery. In the event of a dispute where a Fan claims non-receipt:

• Proof of Shipment Required: The Creator must provide valid proof of shipment (e.g., a tracking number, photo of the stamped package with address, or postal receipt) within 48 hours of FanSpark's request.
• Failure to Provide Proof: If the Creator cannot provide verifiable proof that the item was shipped to the address provided by the Fan, FanSpark.tv reserves the right to consider the reward "Unfulfilled."
• Consequence: In such cases, FanSpark.tv may, at its sole discretion, issue a partial refund to the Fan. The refunded amount will be deducted from the Creator's pending balance or future payouts.
• Fan's Duty (Providing Address): It is the Fan's sole responsibility to provide a valid shipping address. If the Creator attempts to contact the Fan (via the Platform or registered email) to obtain shipping details and the Fan fails to respond within 30 days, the Creator's obligation to deliver the reward is considered waived and fulfilled. In this case, no refund will be issued. In the event of a dispute, the Creator may be asked to provide proof of the attempt to contact the Fan (e.g., email screenshot).

Final Discretion: FanSpark.tv reserves the final right to determine whether a project has been fulfilled in good faith.

6.8. Creative Control: You retain 100% creative control. You are not obligated to accept any proposal.

6.9. Taxes (Crucial): As a Creator, you are the seller of record for the content/services provided to Fans. You are solely responsible for reporting all income (the gross amount before commission) and paying all applicable taxes in accordance with the laws of your country of residence.

6.10. Content Ownership: You retain full ownership of the content you create. The final video must be freely accessible to the public (no paywalls).

6.11. Liability for Fraud and Security Actions: FanSpark.tv reserves the right to freeze any account and withhold all funds (including those in the Security Hold) immediately upon suspicion of fraudulent activity, money laundering, or Terms violations. If a Chargeback or fraudulent transaction occurs, FanSpark.tv reserves the right to deduct the corresponding amount from the Creator's current or future balance, or demand immediate repayment from the Creator.

6.12. Self-Billing Agreement: By accepting these Terms and requesting a payout, you explicitly authorize FanSpark.tv (Kamil Orac) to issue invoices (tax documents) on your behalf for the services you provide to the Platform (Self-billing). You agree not to issue parallel invoices for the same transactions. You agree to accept these self-billed invoices as valid proofs of payment and tax compliance. You must notify us immediately if your VAT status or business details change.

6.13. Identity Verification (KYC/AML): To comply with anti-money laundering (AML) laws and requirements of our payment processors (e.g., Wise), FanSpark.tv reserves the right to require Creators to provide valid government-issued identification (e.g., Passport, ID Card) and proof of address before processing any payout. This is not a standard procedure for all users, but may be required in specific cases. Failure to provide requested documentation when required by the payment processor may result in the withholding of funds.

7. Intellectual Property Rights

7.1. FanSpark.tv Content: All platform content (excluding User content) is the property of FanSpark.tv. We grant you a limited license to use our logo for promotion.

7.2. License to User Content: You retain ownership of your content but grant us a license to use it for platform operation and promotion.

8. Limitation of Liability and Disclaimer

8.1. "As Is" Service: The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. FanSpark.tv makes no representations or warranties of any kind, whether express or implied, regarding the operation of the Platform or the information, content, or materials included. You expressly agree that your use of the Platform is at your sole risk.

8.2. Exclusion of Indirect Damages (Crucial): To the fullest extent permitted by law, FanSpark.tv shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. This specifically includes damages arising from:

• Your access to or use of or inability to access or use the Platform (including server downtime);
• Any conduct or content of any third party on the Platform;
• Any unauthorized access, use, or alteration of your transmissions or content;
• Any financial distress, inconvenience, or loss of opportunity caused by payment delays, technical errors, or service outages.

8.3. Third-Party Links: We are not responsible for content, policies, or practices of any third-party websites or services linked to or from the Platform (e.g., YouTube, Twitch, payment processors).

8.4. Liability Cap: In no event shall FanSpark.tv's aggregate liability for all claims relating to the Platform exceed the greater of one hundred euro (€100) or the amount of Commission Fees paid by you to FanSpark.tv in the last 12 months.

8.5. Notifications: It is your responsibility to check the Platform for notifications. Email delivery is not guaranteed.

9. Account Suspension

FanSpark.tv reserves the right to suspend or terminate accounts for Terms violations. Remaining Diamond balances on terminated accounts may be forfeited as liquidated damages.

10. Account Deletion by the User

You may choose to delete your account at any time through your account settings. This action is permanent and irreversible.

• Data Anonymization: Upon deletion, your personal data (name, email, profile information) will be anonymized in accordance with GDPR. However, we are legally required to retain transaction and billing records (including invoices and payout history) for tax and accounting purposes for a period of up to 10 years.
• Forfeiture of Remaining Balances:
  • If your Payout Wallet balance is BELOW the Minimum Payout Threshold (see Section 6.5) at the time of deletion, this remaining balance is forfeited to cover administrative costs and will not be paid out. By deleting your account with a balance under this threshold, you explicitly waive your right to these funds.
  • If your Payout Wallet balance is ABOVE the Minimum Payout Threshold, a final payout will be automatically generated and processed to your registered bank account in the next standard payout cycle, provided valid billing details are on file. If valid billing details are missing, the funds may be forfeited.

11. Inactive Accounts and Termination

11.1. Inactivity: Accounts inactive for 24 months may be closed and balances expired.

11.2. Expiration of Balances: If an account remains Inactive and holds a balance, we will provide notice before expiration.

11.3. Platform Termination: If the Platform shuts down, we will provide 60 days' notice. Verified Creator balances will be paid out; unspent Fan Diamonds will expire.

12. Indemnification

You agree to indemnify FanSpark.tv against claims arising from your use of the Platform or violation of these Terms.

13. Final Provisions

13.1. Governing Law and Jurisdiction: These Terms shall be governed by the laws of the Czech Republic. Any disputes arising from these Terms or the use of the Platform shall be resolved exclusively by the competent courts in Brno, Czech Republic (venue).

13.2. Changes: We may modify these Terms at any time.

13.3. Entire Agreement: These Terms constitute the entire agreement.

13.4. Severability: If any provision is invalid, the rest remain in effect.

13.5. Consumer Dispute Resolution: If you are a consumer, you have the right to resolve disputes out of court. The competent authority for alternative dispute resolution is the Czech Trade Inspection Authority (Česká obchodní inspekce). You can file a complaint via their website at www.coi.cz.