Terms of Service
Last Updated: May 26, 2025
Welcome to AplexAI ("AplexAI," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, AI-powered OnlyFans management and marketing services, and all related technologies and platforms (collectively, the "Services") provided to you ("Creator," "you," or "your").
By applying for, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use our Services.
1. Eligibility
You must be at least 18 years of age or the age of legal majority in your jurisdiction to use our Services. By agreeing to these Terms, you represent and warrant that you meet this age requirement and that you will comply with all applicable laws and regulations, including the terms of service of any third-party platforms (e.g., OnlyFans) used in connection with our Services.
2. Description of Services
AplexAI provides specialized OnlyFans management and marketing services leveraging proprietary Artificial Intelligence (AI) technology. Our Services are designed to optimize your OnlyFans presence, grow your audience, and maximize your revenue. Services may include, but are not limited to:
- AI-Powered Account Management: Comprehensive management of your OnlyFans account, including AI-assisted content scheduling, profile optimization, and strategies for fan interaction and retention.
- AI Chat Enhancement: Utilization of AI tools to assist our human chat teams in providing optimal response recommendations, identifying upsell opportunities, and ensuring personalized fan engagement.
- Content Optimization AI: AI-driven analysis to provide recommendations on content creation, posting times, and pricing strategies based on market trends and audience segmentation.
- AI-Driven Marketing & Promotion: Development and execution of marketing strategies across various platforms (e.g., TikTok, Instagram, Reddit), utilizing AI for targeted audience identification and content distribution.
- Predictive Analytics: Use of AI to analyze market trends and fan behavior to inform strategic decisions.
- Revenue Optimization Engine: AI-powered analysis to determine optimal pricing structures, subscription tiers, Pay-Per-View (PPV) offerings, and promotional campaigns.
- Privacy & Identity Protection Support: Services may include assistance with implementing geo-blocking, AI-powered web monitoring for unauthorized content distribution, and support for DMCA takedown requests. However, AplexAI does not guarantee complete anonymity or prevention of all content leaks.
The specific scope of Services provided to you will be further detailed in a separate Service Agreement ("Service Agreement") between you and AplexAI.
3. Creator Obligations and Responsibilities
As a Creator using our Services, you agree to:
- Provide accurate, current, and complete information as requested during the application process and throughout our engagement.
- Provide AplexAI with timely access to your OnlyFans account and other relevant social media accounts as necessary for us to perform the Services.
- Be solely responsible for creating and providing all content (photos, videos, text, etc.) ("Creator Content") in a timely manner as reasonably requested by AplexAI to implement agreed-upon strategies.
- Warrant that you own or have all necessary rights, licenses, consents, and permissions to use and authorize AplexAI to use your Creator Content in connection with the Services.
- Ensure your Creator Content and your conduct comply with all applicable laws, regulations, and the terms of service of OnlyFans and any other relevant platforms. You agree not to provide any Creator Content that is illegal, defamatory, infringing, or otherwise objectionable.
- Cooperate fully with AplexAI and respond promptly to communications to facilitate the provision of Services.
- Maintain the security of any login credentials not directly managed by AplexAI and notify us immediately of any unauthorized use.
4. AplexAI Obligations
AplexAI agrees to:
- Perform the Services as described in these Terms and any applicable Service Agreement with professional diligence and skill.
- Utilize its AI technology and industry expertise to develop and implement strategies aimed at achieving your goals.
- Provide you with regular reports on account performance and marketing activities, as detailed in the Service Agreement.
- Maintain the confidentiality of your non-public personal and business information in accordance with our Privacy Policy.
5. Fees, Payment, and "Growth Guarantee"
- Fees: Our Services are typically provided on a performance-based commission model. There are no upfront setup fees to begin using our core Services. The specific commission percentage and payment terms will be detailed in your individual Service Agreement.
- Payment: You authorize AplexAI to receive payments or facilitate the collection of its commission as outlined in the Service Agreement.
- "Growth Guarantee": For eligible new Creators (as defined in the Service Agreement), AplexAI offers a "Growth Guarantee." If, within the first thirty (30) days of active management under a mutually agreed strategy, your OnlyFans account does not demonstrate measurable growth (e.g., a specified percentage increase in net revenue attributable to AplexAI's efforts, calculated against a pre-agreed baseline), AplexAI will waive its commission for that initial 30-day period, or as otherwise specified in the Service Agreement. The precise metrics for "measurable growth," baseline determination, and conditions for this guarantee will be explicitly defined in your Service Agreement. This guarantee does not apply if growth is hindered by the Creator's failure to meet their obligations under these Terms or the Service Agreement (e.g., insufficient content provision).
6. Intellectual Property Rights
- Creator Content: You retain all ownership rights to your Creator Content. You grant AplexAI a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers and chat teams), and transferable license during the term of our engagement to use, reproduce, distribute, prepare derivative works of (e.g., promotional clips), display, and perform your Creator Content solely for the purpose of providing and promoting the Services as contemplated by these Terms and your Service Agreement.
- AplexAI IP: AplexAI and its licensors retain all right, title, and interest in and to the Services, including our website, AI technology, software, algorithms, marketing strategies, training materials, and any other intellectual property developed or provided by AplexAI ("AplexAI IP"). You are granted no rights or licenses in AplexAI IP other than the right to receive the Services during the term of our engagement.
7. Confidentiality
Both parties agree to keep confidential all non-public information received from the other party that is marked as confidential or would reasonably be understood to be confidential. This obligation will survive the termination of these Terms.
8. Privacy and Data Protection
Our collection and use of personal information in connection with the Services is described in our Privacy Policy. You agree to the collection, use, and sharing of your information as set forth in our Privacy Policy.
9. Term and Termination
- Term: The initial term of our engagement will be specified in your Service Agreement.
- Termination by Creator: You may terminate your Service Agreement with AplexAI by providing 30 days written notice, or as otherwise specified in your Service Agreement.
- Termination by AplexAI: AplexAI may suspend or terminate your access to the Services and your Service Agreement:
- With 30 days written notice for any reason.
- Immediately, with or without notice, if you materially breach these Terms or your Service Agreement, engage in illegal activities, violate the terms of OnlyFans or other critical platforms, or if your conduct brings or is likely to bring AplexAI into disrepute.
- Effect of Termination: Upon termination, your right to use the Services will cease. You will be responsible for all fees accrued up to the effective date of termination. Provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).
10. Disclaimers of Warranties
- THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, APLEXAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- NO INCOME GUARANTEE: APLEXAI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
- RESULTS MAY VARY: YOU ACKNOWLEDGE THAT SUCCESS IN THE ONLYFANS INDUSTRY IS DEPENDENT ON NUMEROUS FACTORS, INCLUDING MARKET CONDITIONS, AUDIENCE PREFERENCES, AND THE QUALITY AND CONSISTENCY OF YOUR CREATOR CONTENT. WHILE APLEXAI UTILIZES ADVANCED AI AND STRATEGIES, WE DO NOT GUARANTEE ANY SPECIFIC LEVEL OF INCOME, SUBSCRIBER COUNT, PERCENTAGE RANKING, OR OTHER PERFORMANCE METRICS, EXCEPT AS MAY BE EXPLICITLY STATED IN THE "GROWTH GUARANTEE" SECTION OF YOUR SERVICE AGREEMENT. ANY EARNING STATEMENTS, TESTIMONIALS, OR EXAMPLES SHOWN ON OUR WEBSITE OR MARKETING MATERIALS ARE ILLUSTRATIVE OF POTENTIAL AND DO NOT CONSTITUTE A GUARANTEE OF FUTURE RESULTS OR SUCCESS.
- AI LIMITATIONS: OUR AI TECHNOLOGY IS A TOOL TO ASSIST IN STRATEGY AND MANAGEMENT. IT IS NOT INFALLIBLE AND ITS OUTPUTS ARE BASED ON DATA AND ALGORITHMS THAT MAY HAVE LIMITATIONS.
- THIRD-PARTY PLATFORMS: APLEXAI IS NOT RESPONSIBLE FOR THE ACTIONS, POLICIES, OR OPERATIONAL CHANGES OF THIRD-PARTY PLATFORMS LIKE ONLYFANS, TIKTOK, ETC., WHICH MAY IMPACT YOUR ACCOUNT OR EARNINGS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APLEXAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APLEXAI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
APLEXAI'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO APLEXAI FOR ACCESS TO AND USE OF THE SERVICES IN THE 3 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS; OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless AplexAI and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms or your Service Agreement; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Creator Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
13. Amendments to Terms
AplexAI reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (e.g., by posting on our website or sending an email). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
14. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. YOU AND APLEXAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and AplexAI concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
- No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AplexAI's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AplexAI without restriction.
16. Contact Information
For any questions about these Terms, please contact us at support@aplexai.com.