Terms of Service

1. Definitions

• Platform ("Launchly") refers to the software-as-a-service platform and tools provided by Launchly.
• Creator refers to any individual or entity that uses the Platform to create and manage content sites.
• Customer refers to any individual who accesses or purchases content from a Creator's site.
• Content refers to any material, including but not limited to videos, images, text, or other media, published by Creators on their sites.

2. Platform Role

Launchly provides software tools and infrastructure services only. The Platform:

• Is not a marketplace, marketplace operator, or content aggregator
• Does not process customer payments on behalf of Creators
• Is not a party to transactions between Creators and their customers
• Does not custody, hold, or control funds belonging to Creators or customers
• Does not promote, curate, or sell content

Creators are responsible for all aspects of their business operations, including payment processing, customer service, content moderation, and legal compliance.

3. Eligibility

• Creators must be at least 18 years of age to use the Platform.
• Customers must be at least 18 years of age to access Creator sites marked as adult content.
• Creators must have the legal capacity to enter into binding agreements in their jurisdiction.
• Creators must comply with all applicable laws and regulations in their jurisdiction and the jurisdictions where their customers are located.

4. Creator Responsibilities

Creators are solely responsible for:

• Content Ownership: Ensuring they own or have all necessary rights, licenses, and consents to publish all Content on their site
• Participant Consent: Obtaining informed, documented consent from all individuals appearing in or contributing to Content
• Lawful Content: Ensuring all Content complies with applicable laws, including but not limited to obscenity, child protection, and intellectual property laws
• Accurate Descriptions: Providing accurate descriptions of Content, pricing, and access terms
• Tax and Legal Compliance: Complying with all tax obligations, business registration requirements, and other legal obligations in their jurisdiction
• Payment Processing: Processing all customer payments through their own payment providers and handling all payment disputes, refunds, and chargebacks
• Customer Service: Providing customer support and resolving customer inquiries and disputes

5. Prohibited Content

The following content is strictly prohibited:

• Minors or Child Sexual Abuse Material (CSAM): Zero tolerance. Any content involving minors in a sexual context, or any depiction of child sexual abuse, will result in immediate account termination and reporting to law enforcement.
• Non-consensual Sexual Content: Content depicting sexual activity without the documented consent of all participants
• Harassment, Threats, or Doxxing: Content that harasses, threatens, or reveals private information about individuals without consent
• Illegal Activity: Content that promotes, depicts, or facilitates illegal activities
• Fraud, Malware, or Phishing: Content designed to defraud, infect, or deceive users
• Intellectual Property Infringement: Content that violates copyright, trademark, or other intellectual property rights

6. Enforcement

Launchly reserves the right to investigate reports of violations and take enforcement action, including but not limited to:

• Removing or disabling access to Content that violates these Terms
• Suspending or terminating Creator accounts
• Reporting violations to law enforcement or other authorities
• Cooperating with legal requests and court orders

Launchly operates a notice-and-takedown process for reported violations. See our Notice and Takedown Policy for details.

7. Disclaimers and Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LAUNCHLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAUNCHLY 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.

Launchly is not responsible for:

• Content published by Creators
• Transactions between Creators and customers
• Payment processing, disputes, refunds, or chargebacks
• Tax obligations or legal compliance of Creators
• Service interruptions or technical issues beyond Launchly's reasonable control

8. Indemnification

Creators agree to indemnify, defend, and hold harmless Launchly and its affiliates, officers, directors, employees, and agents 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) Creator's use of the Platform, (b) Creator's Content, (c) Creator's violation of these Terms, (d) Creator's violation of any law or regulation, or (e) Creator's transactions with customers.

9. Changes to Terms

Launchly reserves the right to modify these Terms at any time. Material changes will be communicated to Creators via email or through the Platform. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any disputes arising from these Terms or the Platform shall be resolved in accordance with applicable law and jurisdiction requirements.

11. Contact

For questions about these Terms, please contact:

• Legal: legal@launchly.cloud
• Support: support@launchly.cloud