Terms of Service

BeMetrix is a software-as-a-service (SaaS) platform designed for the creator and streaming industry. The Service provides tools for:

• Managing creators, schedules and team operations
• Automating payouts and financial calculations
• Tracking analytics across multiple platforms
• Managing audience and member relationships
• AI-powered tools for content creation, communication and insights
• Content library management
• Operator and team performance tracking

The Service is offered through web and mobile applications. Features available depend on your subscription plan.

BeMetrix provides software for managing operational and business processes. It is a management tool, not a publishing, hosting or distribution platform.

What the Service does not do

• We do not host, stream, distribute, sell or monetise adult content.
• We do not moderate, review or curate user content.
• We do not perform age verification of performers and do not collect or store performers' identity documents.
• We are not a party to any relationship between you and your creators, performers, contractors, employees, members or fans.

Your responsibility

You are solely responsible for the lawfulness of your own activity, including:

• verifying that every performer you work with is at least 18 years of age, and keeping the corresponding records;
• obtaining and documenting all required consents and releases;
• your employment, contractor and revenue-share arrangements;
• tax, payout and reporting obligations;
• compliance with all applicable laws in every jurisdiction where you operate, including record-keeping obligations under 18 U.S.C. §2257 and its implementing regulations where you operate in or target the United States.

You must not use the Service as a repository for identity documents, age-verification records or adult media. See our Acceptable Use Policy.

Nothing in the Service constitutes legal, tax or compliance advice.

Creating an Account

To use most features of the Service, you must create an account. You agree to:

• Provide accurate, current and complete information during registration
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use

Account Types

We offer two account types:

• Studio accounts: for organizations managing multiple creators
• Model Creator accounts: for independent creators managing their own work

You may transition between account types as described in the Service.

Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity or pose a security risk.

Plans and Pricing

The Service is offered through various subscription plans, including a free tier (Model Free) and paid tiers. Current pricing is available on our Pricing page.

Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Annual subscriptions receive a 20% discount compared to monthly billing
• Payment is processed by Stripe and subject to their terms
• All fees are exclusive of applicable taxes, which you are responsible for

Free Trial

Paid plans include a 14-day free trial. No credit card is required to start. After the trial:

• If you upgrade, your subscription begins and billing starts
• If you do not upgrade, your account converts to the Model Free plan or is deactivated

Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled. You may cancel renewal at any time from your account settings.

Refunds

Refund eligibility is described in our Refund Policy.

Your Content

You retain all rights to the content you upload to the Service ("User Content"), including:

• Photos, videos and other media
• Creator profiles and information
• Member data and notes
• All other data you input

License to Us

By uploading User Content, you grant us a limited, non-exclusive, worldwide license to:

• Store, host and back up your content
• Process it as necessary to provide the Service
• Display it to authorized users within your account
• Use anonymized and aggregated data for analytics

This license terminates when you delete your content or close your account.

Your Responsibility

You are solely responsible for your User Content and warrant that:

• You have all necessary rights and permissions for the content
• The content does not violate these Terms or applicable laws
• The content does not infringe on third-party rights
• All persons depicted are at least 18 years of age and have consented to the depiction

Removal

We reserve the right to remove User Content that violates these Terms or our Acceptable Use Policy.

You agree to use the Service only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy.

You may not:

• Use the Service for any illegal activity
• Upload content involving anyone under 18 years of age
• Upload content depicting non-consenting individuals
• Engage in spam, phishing, malware distribution or fraudulent activity
• Violate intellectual property or privacy rights of others
• Attempt to bypass security measures, reverse-engineer the Service or interfere with its operation
• Resell or redistribute access to the Service without our written permission
• Use automated tools (bots, scrapers) to access the Service without authorization

Violation of acceptable use may result in immediate account suspension or termination.

Our Property

The Service, including all software, design, logos, branding and content (excluding User Content), is owned by BeMetrix and protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your subscription. This license does not include rights to:

• Copy, modify or create derivative works of the Service
• Reverse-engineer, decompile or disassemble the Service
• Remove proprietary notices or branding
• Use our trademarks without written permission

Feedback

If you provide feedback, suggestions or ideas about the Service, you grant us a perpetual, royalty-free license to use that feedback without obligation to you.

The Service includes AI-powered features (chat assistance, content generation, photo generation, etc.).

Usage Limits

AI feature usage is subject to monthly limits based on your subscription plan. Limits reset on each billing cycle. Exceeding limits may pause AI features until the next cycle or until you upgrade.

Generated Content

Content generated by AI features (text, images, recommendations) is provided "as-is". You are responsible for reviewing AI-generated output before use.

Data Processing

To provide AI features, we may send certain data to third-party AI providers (such as OpenAI). We do not send personally identifiable information beyond what is strictly necessary, and providers operate under data processing agreements.

Limitations

AI features are tools, not guarantees. We do not warrant that AI-generated content will be accurate, appropriate or fit for any particular purpose.

The Service may integrate with third-party platforms (such as streaming or content platforms). Your use of these integrations is subject to:

• These Terms
• The terms and policies of the third-party platforms
• Any applicable platform-specific agreements

We are not responsible for the availability, content, or practices of third-party platforms. Connecting third-party accounts is at your own risk.

We may add, modify or remove third-party integrations at any time.

Service Provided "As-Is"

The Service is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Service will be uninterrupted, secure or error-free
• Warranties about the accuracy or reliability of the Service

No Guarantee of Results

We do not guarantee any specific business results, revenue increases or outcomes from using the Service.

External Factors

We are not responsible for issues caused by:

• Third-party platform changes or downtime
• Internet connectivity issues
• User error or misuse of the Service
• Regulatory changes affecting the industry

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost data or business interruption
• Our total cumulative liability arising from these Terms or use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim
• These limitations apply regardless of the legal theory of the claim

Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify and hold harmless BeMetrix, its affiliates, employees and agents from any claims, damages, losses, liabilities and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

This indemnification obligation survives termination of these Terms.

Governing Law

These Terms are governed by the laws of the Czech Republic, without regard to conflict of law principles.

Jurisdiction

Any dispute arising from these Terms or use of the Service shall be subject to the exclusive jurisdiction of the courts of Prague, Czech Republic.

Informal Resolution

Before pursuing legal action, you agree to attempt to resolve disputes informally by contacting us at legal@bemetrix.com. We will work in good faith to resolve issues within 30 days.

EU Online Dispute Resolution

EU consumers have the right to use the Online Dispute Resolution platform provided by the European Commission: https://ec.europa.eu/consumers/odr.