These are Auraclip's Terms of Use, and they apply to all users of the Auraclip platform. "We," "our," and "us" refer to Auraclip, Inc. "Auraclip" refers to this platform and the services offered by us, including the Auraclip iOS app, the Auraclip Android app, Auraclip APIs, Auraclip embeds, www.auraclip.com, and Auraclip's other websites. By using Auraclip, you agree to these terms and to the other policies we post, including the Privacy Policy. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy. We collect, use, and share information in accordance with those policies.
When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account or otherwise use Auraclip, you must be at least 18 years old or legal age in countries and regions, you must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 18 years old to subscribe to an Adult/18+ creator or purchase an offering related to such a creator. You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.
You are responsible for all activity on your account. If you violate our terms or policies, then we may terminate your account. Don't do anything illegal, abusive towards others, that abuses Auraclip in a technical way, or that exploits Auraclip in an unintended manner that is detrimental to us, like using Auraclip as a storage platform. If you are a creator earning money on Auraclip, we may be exposed to risk based on what you do with those funds. As a result, we may also look at what you do outside of Auraclip.
To become a creator, simply launch your page to start your offering. When you join Auraclip, you become part of the Auraclip community. You can use creator tools that we provide to, among other things, showcase your creations, engage with the Auraclip community, and provide merchandise to fans through our merch service. On Auraclip, you can provide your fans something exciting that gives them special benefits they want, including crafts, drops, additional access, merchandise, exclusive creations, and engaging community experiences. In turn, you will receive offerings that fans have purchased on Auraclip.
As a creator, you may make offerings available on Auraclip on a one-time basis. Where supported and as applicable, we automatically convert the prices of offerings and subscriptions into a fan's local currency based on a currency conversion rate that may be determined at our sole discretion. Also, where supported and subject to your controls as applicable, we may automatically increase the prices of offerings to fans to account for the fees imposed by the platforms (like the App Store) on which the associated purchases were made in a manner that may be determined at our sole discretion.
We typically handle payments issues such as fraud, chargebacks, and resolution of payments disputes, though, for purchases made through certain platforms (like the App Store), the associated platforms may handle these payments issues. We try to provide timely access to the funds you've earned on Auraclip based on the level and type of Auraclip service you select. Purchases made on certain platforms (like the App Store) and different levels and types of Auraclip service may have different timelines associated with funds becoming accessible to you and/or may require that reserves of funds are withheld from becoming accessible to you. You may, however, occasionally experience further delays in accessing these funds.
We may also block or withhold access to these funds for violations of our terms or policies or for compliance reasons, including collecting tax reporting information. When this happens, we try to communicate the reason to you promptly. If you have questions about access to funds being blocked or withheld, please reach out to us. To protect creators, we may block fans' payments if we believe them to be fraudulent. Sometimes activities like refunds to fans and chargebacks from fans can put your account balance into the negative and any fees you've incurred from Auraclip or the platforms (like the App Store) on which the purchases were made, as described below, may not be refunded to you when such refunds and chargebacks are processed. If your balance becomes negative, we reserve the right to recover those funds from future payments.
To make sure Auraclip is a safe community for everyone, we are required to have all creators sharing sexually explicit creations or creations that include nudity agree to certain additional requirements. If you are an Adult/18+ creator, then you agree to verify that you are over the age of 18 through the means requested by us, to verify that each person depicted in your creations is over the age of 18, and to obtain each such persons' written consent to participate in your creations. You agree that you will promptly provide us with this proof of age verification and consent if we request it.
As a creator, there are fees associated with your offerings on Auraclip. The general nature of these fees is summarized below. These fees may increase with notice to you and may vary depending on the level and type of Auraclip service you select, including whether you choose to use Auraclip's paid membership service, free membership service, and/or service for facilitating one-time purchases:
You can see the fees for any offerings and subscriptions on your creator dashboard, though please note that this dashboard does not list the payout fee described above. Also, as described above, when offerings are purchased on certain platforms (like the App Store), those platforms may impose fees for those purchases. We endeavor to provide you with information about those fees in your creator dashboard and, where supported and subject to your controls as applicable, Auraclip may automatically increase the prices of offerings to fans to account for those fees.
"Founding creators" are the first batch creators and who have not since made disqualifying changes to their creator pages. "Founding creators" may have a legacy fee structure explained in our FAQ that is no longer available to other creators.
If a fan pays in a currency that is different from the currency associated with their payment instrument, then the financial institution associated with that payment instrument may charge them a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.
Even if a fan pays in the same currency as the currency associated with their payment instrument, when a fan's payment is processed in a country different from the one associated with their payment instrument, then the financial institution associated with that payment instrument may charge them a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.
As a Creator on Auraclip, you acknowledge and agree that you are acting as an independent contractor and not as an employee, agent, or representative of Auraclip. You are solely responsible for determining, reporting, and paying all income, business, value-added, sales, or other taxes arising from the earnings you receive through the Platform.
You agree to provide accurate and complete tax information and documentation as reasonably requested by Auraclip, including but not limited to IRS Forms W-9 or W-8BEN, for Auraclip to comply with applicable tax and reporting obligations. Auraclip reserves the right to withhold taxes from payouts where required to do so under applicable law.
To satisfy our legal obligations, Auraclip may collect tax identification information and, in certain circumstances, report Creator earnings and related information to relevant tax authorities, as required by law. For example, if you are in the United States, or are a United States citizen, and you earn $600 or more in a calendar year, Auraclip may be required to issue you a Form 1099-K. For purposes of Form 1099-K reporting, all Creator earnings are treated as income earned from the sale of goods or services.
Auraclip acts solely as a technical service provider. The contractual relationship for video transactions exists directly between the Fan and the Creator, and the Creator is the merchant of record for all content and offerings made available through the Platform. As such, the Creator is the primary party responsible for all tax obligations related to income earned from such transactions.
Through Auraclip's integration with Stripe or other payment service providers, tax invoices may be issued from the Creator to Fans where applicable. Auraclip's invoicing responsibility is limited solely to the platform fees it charges the Creator for hosting and facilitation services, except where local laws require Auraclip to collect and remit taxes as a marketplace facilitator.
Notwithstanding the foregoing, in certain jurisdictions Auraclip is required by applicable law to collect, calculate, and remit specific transactional taxes on behalf of Creators. These taxes may include, but are not limited to, value-added tax (VAT), goods and services tax (GST), other local service or sales taxes in non-U.S. locations (collectively, "VAT"), and state sales tax in the United States.
In jurisdictions where Auraclip is legally required to collect transaction taxes from Fans as a marketplace facilitator, the invoice presented to Fans and the total amount charged will include the applicable tax in addition to the tier price or custom payment amount set by the Creator. Applicable taxes are calculated based on the nature of the benefits offered and the benefit categories designated by the Creator.
Creators are responsible for accurately and in good faith categorizing their memberships, benefits, and offerings using the tools provided by Auraclip, including tier configuration and tax weighting tools. Auraclip relies on the information provided by Creators to calculate, collect, and remit applicable transaction taxes.
Once collected, the applicable transaction tax amount will be automatically deducted from the payment and remitted directly by Auraclip to the relevant taxing authority, solely to the extent required by law. A record of the transaction tax portion of each payment will be made available to Creators through their earnings or transaction details page.
Auraclip's invoicing and tax responsibility is limited strictly to the platform fees it charges Creators for access to and use of the Platform, except where local laws expressly require Auraclip to collect and remit transaction taxes as a marketplace facilitator. Nothing in this section shall be construed as altering the Creator's status as merchant of record or transferring primary tax liability for Creator earnings to Auraclip.
We don't allow creations and benefits that violate our terms or policies. A high level summary of those rules is that we don't allow:
If you are an Adult/18+ creator, then certain features associated with the level and type of Auraclip service you select may not be available to you.
If your fans include people under the age of 18, then please remind them that they need their parent's or legal guardian's permission to purchase an offering or membership subscription on Auraclip. We are not required to allow any person or group of persons to access an offering, be a fan or otherwise access Auraclip services.
An account is tied to your creative output and cannot be sold or transferred for use by another creator.
We are constantly experimenting with product features to make Auraclip better and may add, remove, or test features with a subset of creators. Access to these features is not guaranteed and may not be subject to your control. Instead, we may enable and disable these early-access, beta, or test features at our sole discretion. These features may also be subject to additional restrictions and limitations, including some that we describe in our FAQ.
As a creator, you are a steward of the trust your fans place in you. You acknowledge that through your use of Auraclip — specifically through "Fan Requests" or "Personalized Craft" — you may receive access to certain fan information (e.g., usernames, emails, shipping addresses, or personal details provided in custom requests).
As a fan, you are provided with a Fan Page (your user profile). This page is your personal space on Auraclip to showcase your identity and your support for creators.
Auraclip reserves the right (but is under no obligation) to cancel your request for any Auraclip Video or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. Auraclip also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
If your purchase obligates Auraclip to collect a sales tax, use tax, or any other equivalent tax ("Sales Tax") from you, Auraclip will collect Sales Tax in addition to the fee for your purchase. If you have not remitted applicable Sales Tax to Auraclip, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority and you will indemnify Auraclip for any liability or expense Auraclip may incur in connection with the payment of Sales Taxes on your purchases. At Auraclip's request, you will provide reasonable assistance and documentation relating to the payment of Sale Taxes on your purchases from Auraclip (for example, official receipts issued by the appropriate tax authority confirming that you have paid all applicable taxes).
We want you to enjoy exclusive content, but we don't allow behaviors that violate our terms or policies. As a fan, you agree not to:
Any violation of this clause may result in immediate account termination and Auraclip will assist the Creator in pursuing all legal remedies and damages.
Auraclip is an adult-oriented marketplace. We are committed to maintaining a mature and responsible community.
Your purchase of a Clip or any other offering on Auraclip is for your personal, private, and non-commercial enjoyment only. To protect the livelihood and intellectual property of our creators, the following restrictions apply:
Auraclip provides a platform for creators to monetize through "Clips". While we do not pre-screen all content, we reserve the right to monitor activity, review posted content (including Clips and profile pages), and investigate reported violations to ensure compliance with these Terms and our Community Guidelines. Investigations into potential violations may include the review of activity both on and off the platform, particularly where such activity may pose a financial or legal risk to Auraclip or its users.
In most instances of a policy violation, Auraclip will attempt to work with the creator or fan to resolve the issue. However, Auraclip reserves the right, in its sole discretion, to take the following actions without prior notice:
The safety of the Auraclip community depends on its users. If you encounter content or behavior that violates our Community Guidelines, you are encouraged to report it via support@auraclip.com.
As a global entity headquartered in Hong Kong and operated by HK Mootion Limited, Auraclip operates in strict accordance with international economic sanctions and trade restrictions. This includes compliance with regulations issued by:
Auraclip does not facilitate transactions involving individuals, organizations, or entities listed on restricted party lists, nor do we permit access to our services from regions subject to comprehensive embargoes.
By accessing or using Auraclip, you represent and warrant that:
You acknowledge and agree that each Auraclip Video or other offering from a Creator is owned by the Creator who created it.
We or our licensors own all right, title, and interest in and to: (i) our Site and the "look and feel" of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, "Auraclip Content"); and (ii) our trademarks, logos, and brand elements ("Marks"). Our Site, Auraclip Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the Auraclip Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.
You retain the copyright of your Videos. However, you grant the Fan a limited, personal, non-commercial, and non-transferable license to use the Video. You grant Auraclip a worldwide, royalty-free license to use, reproduce, and display excerpts of your Videos on our Site and third-party social media platforms for marketing and promotional purposes.
You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses, and including for example to Creators), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, audio, or otherwise) that you make or send to any Creator, including information concerning any Recipient; and (ii) any submission that you make to Auraclip, whether through our Site, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, customer service request, Feedback (defined below), review, photo, video, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a "Submission"). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Auraclip will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
Auraclip desires to avoid the possibility of future misunderstandings if a project developed by any Auraclip Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, "Feedback"), you acknowledge and agree that you are submitting that Feedback at your own risk and that Auraclip has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Auraclip a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
You hereby waive any and all moral rights or "droit moral" that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, "droit moral," or other rights in Submission, including Feedback.
Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.
When you connect your Auraclip account to other websites, apps, or services, you may be asked to give those websites, apps, or services access to information about your Auraclip account and/or permission to perform actions within your Auraclip account on your behalf. If you choose to take this authorization action, then we will follow your instructions and grant the access or permission that you've selected.
Our creations are protected by copyright, trademark, patent, and trade secret laws. Some examples of our creations are the text on the www.auraclip.com site, the text on Auraclip's other websites, our iOS and Android apps, our APIs, our embeds, our logo, and our codebase. We grant creators a license to use our logo and other copyrights or trademarks to promote their Auraclip pages. You may not otherwise use, reproduce, distribute, perform, publicly display, or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.
We welcome your feedback on the performance of the Auraclip product, including any early-access, beta, or test features to which you've been given access, and your help in identifying any problems, bugs, and defects. You agree that any suggestions, comments, ideas, bug reports, or suggested improvements that you provide to us will be fully owned by us so that we can use them to improve Auraclip and thereby better help the community of creators and fans.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Auraclip. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
Auraclip is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty, whether express or implied, is excluded and disclaimed to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, and third-party service providers.
To the greatest extent permitted by law, we are not liable to you for any incidental, consequential, or punitive damages arising out of these terms, or your use or attempted use of Auraclip. To the greatest extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Auraclip. We are specifically not liable for loss associated with unfulfilled offerings and benefits and from losses caused by conflicting contractual agreements. For this clause, "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
We encourage you to contact us first if you have any concerns or disputes regarding Auraclip. Most issues can be resolved quickly and amicably through our support team.
If a dispute arises out of or relates to these Terms or your use of Auraclip and cannot be resolved informally, the dispute shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law principles.
Both you and HK Mootion Limited agree that any legal action or proceeding arising under or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Hong Kong, and both parties consent to personal jurisdiction and venue in those courts.
These terms and any referenced policies are the entire agreement between you and us, supersede all prior agreements, and don't create any partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified to make it enforceable, then it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, then it does not waive the ability to enforce any rights in the future.
We may sometimes make changes to these terms. If we make a change to these terms that, in our sole discretion, is material, then we will let you know before the changes come into effect. Continuing to use Auraclip after a change means you accept the new terms or policies.
We are committed to accessibility for those with disabilities. If you use accessibility tools and have questions or concerns, please contact us at support@auraclip.com.
If you sign-up to receive text messages from us, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.