Terms of Service
Last Updated: [DATE]
1. Introduction and the Terms of Service Suite
1.1 These Terms of Service (also referred to as "Terms and Conditions" or the "Terms") govern your access to and use of the muscleworship.io platform, including its websites, applications, and related services (the "Platform").
1.2 The "Terms of Service" consist of this document together with the following documents, each of which is incorporated by reference: (a) the Website Disclaimer; (b) the Legal Disclaimer; (c) the Privacy Policy; (d) the Cancellation Policy; (e) the Refund Policy; (f) the DMCA & Content Removal Policy; and (g) the 18 U.S.C. §2257 Compliance Statement. If there is any conflict between this document and any other document forming part of the Terms of Service, this document prevails to the extent of the conflict, except that the Cancellation Policy and Refund Policy prevail over this document in respect of consumer withdrawal and refund rights.
1.3 By creating an account or using the Platform, you agree to be bound by the Terms of Service. If you do not agree, do not use the Platform.
2. Who We Are
2.1 The Platform is operated by [MUSCLE WORSHIP OÜ], a private limited company incorporated in Estonia, registry code [●], registered address [●], Tallinn, Estonia ("Muscle Worship", "we", "us", "our"). VAT number: [●].
2.2 You can contact us at legal@muscleworship.io (legal matters), support@muscleworship.io or [SUPPORT PHONE] (customer support), complaints@muscleworship.io (content complaints), and privacy@muscleworship.io (data protection). Our single points of contact for users and for Member State authorities and the European Commission under Articles 11 and 12 of Regulation (EU) 2022/2065 (the "DSA") are published at [/legal] and communications may be addressed in English or Estonian.
3. Definitions
- "Content" — any material uploaded, posted, streamed, or transmitted on the Platform, including photos, videos, audio, live streams, text, and chat messages.
- "Creator" — a verified User who publishes Content and/or offers Sessions, Subscriptions, or other paid interactions to Fans.
- "Fan" — a User who accesses Content and/or purchases interactions from Creators.
- "User" — any person who accesses or uses the Platform (Creators and Fans collectively).
- "Session" — a scheduled or on-demand virtual interaction between a Creator and a Fan conducted entirely through the Platform: text chat, webcam session, or video call. All Sessions are virtual; the Platform does not support in-person sessions of any kind.
- "Subscription" — a recurring arrangement giving a Fan access to a Creator's subscription content for successive billing periods.
- "Wallet Credits" — prepaid credits purchased by a Fan and held in the Fan's Platform wallet for spending on the Platform.
- "Fan/Creator Transaction" — any purchase by a Fan from a Creator, including Subscriptions, Sessions, pay-to-unlock media, and tips.
- "Creator Earnings" — the share of Fan payments payable to a Creator after deduction of the Platform fee and applicable taxes.
- "Standard Fan–Creator Contract" — the contract described in Section 14 that forms automatically between a Fan and a Creator on each Fan/Creator Transaction.
4. Eligibility, Registration, and Account Security
4.1 You may register and use the Platform only if you are the older of (a) eighteen (18) years of age and (b) the age of majority and legal capacity to form a binding contract in your jurisdiction. The Platform is an adult-content service; the additional entry conditions in the Website Disclaimer apply.
4.2 You must register with accurate, current information and keep it current, including a valid email address. You may hold only one account, may not share, sell, or transfer your account, and may not operate an account on behalf of another person. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorised use.
4.3 Creator accounts are personal. Only individual natural persons may be Creators. Every Creator is bound personally by the Terms of Service. If you have an agent, agency, management company, studio, or other representative, you remain personally responsible for your account, your Content, and your compliance; our legal relationship is with you, not your representative.
4.4 We may refuse, suspend, or condition registration and may require age or identity verification (including re-verification) from any User at any time, using third-party verification providers. Users who cannot complete required verification may be denied access to some or all features.
5. Changes to the Terms and the Platform
5.1 We may amend the Terms of Service. If a change materially affects your rights, we will give you reasonable advance notice (at least 30 days, except as provided in Section 5.2) by email or Platform notification, and you may close your account before the change takes effect. Continued use after the effective date constitutes acceptance. For Creators resident in the EU/EEA or UK, changes affecting the Creator relationship will comply with the notice requirements of Regulation (EU) 2019/1150 ("P2B Regulation").
5.2 We may amend the Terms without advance notice only where the change is required by law or regulatory obligation that does not allow reasonable notice, or where it addresses an unforeseen and imminent danger relating to fraud, malware, spam, data breaches, or other cybersecurity risks, or the safety of Users.
5.3 We may modify, suspend, or discontinue any feature of the Platform. Where a discontinued paid feature affects amounts you have already paid, the Refund Policy applies.
6. Adult Material — Acknowledgment and Assumption of Risk
6.1 You acknowledge that the Platform contains adult material, that you access it voluntarily, and that the representations in the Website Disclaimer are true each time you access the Platform. We are not liable to you if viewing adult material breaches any law, community standard, or obligation (including employment obligations) applicable to you; ensuring the legality of your access is your responsibility.
7. Fan Terms — Purchases, Subscriptions, and Wallet
7.1 Warranties. Each time you make a purchase you warrant that: you meet the eligibility requirements of Section 4.1; the payment instrument used is yours and you are authorised to use it; and you are able and willing to pay for the purchases you make.
7.2 Pricing and billing disclosure. All prices are displayed before purchase, together with whether the charge is one-time or recurring, and, for recurring charges, the amount and billing interval. Charges will appear on your payment card statement under the billing descriptor disclosed on the payment page at the time of purchase (the descriptor is set by our payment processor; discreet descriptors are used and the descriptor in force is always shown at checkout).
7.3 Subscriptions and auto-renewal. Subscriptions renew automatically at the end of each billing period at the disclosed price unless (a) you cancel auto-renewal before the renewal date (see the Cancellation Policy), (b) your payment method declines, or (c) the Subscription price has increased since your last renewal, in which case renewal requires your fresh affirmative consent. Cancellation stops future billing; access continues until the end of the paid period.
7.4 Wallet Credits. Wallet Credits are prepaid purchase credits, denominated in [EUR/USD], usable only on the Platform. Top-ups are subject to minimum and maximum limits set by us. Wallet Credits are not deposits, do not accrue interest, are non-transferable between accounts, and — except as required by applicable consumer law and as set out in the Refund Policy — are non-refundable. Escrowed amounts for pending Sessions are locked until the Session completes or is resolved under the Cancellation Policy.
7.5 Immediate access to digital content; withdrawal right. Where you are a consumer in the EU/EEA or UK, you have a statutory 14-day right of withdrawal, which you lose in the circumstances described in the Cancellation Policy (including where you expressly consent to immediate delivery of digital content and acknowledge the loss of the withdrawal right). The consent and acknowledgment are captured at checkout and confirmed to you on a durable medium.
7.6 Chargebacks. You agree to contact support@muscleworship.io to resolve any billing problem before initiating a chargeback, and not to make unjustified refund requests or unjustified chargeback requests. A chargeback made in bad faith is a material breach of these Terms; we may suspend or terminate your account, revoke licences to Content purchased with the disputed payment (Section 13.6), and recover amounts owed. Nothing in this Section limits your statutory rights or your right to dispute genuinely unauthorised or erroneous charges.
7.7 Conduct toward Creators. You must treat Creators and other Users lawfully and respectfully. Harassment, threats, stalking, doxxing, discriminatory abuse, or attempts to coerce any Creator into any act are prohibited and grounds for immediate termination.
8. Sessions and Bookings
8.1 All Sessions are virtual and are conducted exclusively through the Platform's chat, webcam, and video-call infrastructure. Requesting, offering, or arranging in-person meetings is prohibited (Section 11.4).
8.2 Booking, rescheduling, cancellation, lateness, no-show, and extension rules — including the timelines for full or partial refunds — are set out in the Cancellation Policy, which forms part of these Terms.
8.3 Payment for a Session is collected at booking and held in escrow in the Platform wallet system until the Session is completed or otherwise resolved. Escrow release, dispute windows, and refund outcomes are governed by the Cancellation Policy and Refund Policy.
8.4 Session disputes must be raised through the Platform's dispute system within forty-eight (48) hours of the scheduled Session end. Our support team will review the evidence from both sides and decide the dispute; decisions may be appealed as described in Section 20.
8.5 Live streams and webcam Sessions are monitored in accordance with Section 12. Pre-recorded material may not be passed off as live.
9. Creator Terms — Onboarding, Earnings, Payouts, and Tax
9.1 Onboarding and verification. Before publishing Content or receiving Creator Earnings, a Creator must: accept the Creator legal disclaimer; complete identity, age, and liveness verification through our verification provider; and provide the payout and tax information we require. We may decline any application at our discretion and may require re-verification at any time.
9.2 Fulfilment. Once a Fan/Creator Transaction is confirmed, you must fulfil it (deliver the Content, perform the Session, or provide the interaction purchased). Repeated non-fulfilment, lateness, or no-shows may result in fees, escrow reversal to the Fan, ranking consequences, suspension, or termination, as set out in the Cancellation Policy.
9.3 Platform fee and earnings. We deduct the platform commission disclosed in your Creator dashboard from each Fan payment; the balance constitutes your Creator Earnings. We may change the commission rate with reasonable advance notice consistent with Section 5. Creator Earnings accrue to your Platform balance and are paid out per Section 9.4.
9.4 Payouts. Payouts are made to your verified payout method, subject to minimum payout amounts, processing schedules, completed KYC, and any holds under Section 15. You must be the beneficial owner of the payout account. We may withhold amounts required by law (including tax withholding where applicable).
9.5 Chargebacks and clawbacks. If a Fan payment is charged back, refunded, or reversed, we may deduct from your balance or future payouts an amount equal to the Creator Earnings attributable to that payment (that is, your share; the platform fee portion is borne by us), after reviewing the circumstances. Where we consider a chargeback to result from your breach (e.g., non-fulfilment), we may also recover associated costs.
9.6 Taxes. You are solely responsible for registering, reporting, and paying all taxes and social contributions on your Creator Earnings in your jurisdiction(s). You must provide accurate tax documentation on request (including any forms required for information reporting). As an EU platform operator, we report Creator income and identification data to tax authorities where required by Council Directive (EU) 2021/514 ("DAC7") and equivalent rules, as described in the Privacy Policy. You must promptly (within 7 days) inform us if you become subject to a tax investigation relating to your Platform activity. Persistent tax non-compliance is grounds for account closure.
9.7 Records custodian. You are the producer of the Content you upload and agree to act as custodian of records for it, maintaining the records described in Section 10 and in the 2257 Compliance Statement, and producing them to us within 48 hours of request.
10. Performer Verification, Consent, and Co-Authored Content
10.1 This Section is the core of our content-compliance program and is a condition of every upload. It applies to all Content in which any person appears — including persons who cannot be identified from the Content itself.
10.2 By uploading Content, you warrant and undertake that:
(a) every person appearing in the Content was at least 18 years old at the time of production and is either (i) a verified Creator on the Platform or (ii) an adult whose government-issued photo identification you have verified and retain; (b) you hold a signed, written, express, prior, and fully informed consent from every person appearing, covering: (i) being depicted in the Content; (ii) the upload and public or paid distribution of the Content on the Platform; and (iii) whether the Content may be made available for download; (c) you will retain the identification and consent records for as long as the Content is available and for at least seven (7) years thereafter, and will provide them to us within 48 hours of request; (d) the Content depicts only genuine, informed, consensual conduct by sober, capable adults; and (e) where another person appearing holds a Creator account, you have tagged that account as required by our tools.
10.3 Revocable consent. Any person appearing in Content may withdraw their consent to its continued publication at any time through the process in the DMCA & Content Removal Policy. Upon withdrawal, or where valid consent cannot be established, the Content will be removed.
10.4 Single payee. Creator Earnings on any item of Content are paid only to the account that uploaded it. Revenue-sharing arrangements between co-performers are private agreements between them; we are not party to them and do not enforce them.
10.5 If required documentation is missing, incomplete, or not produced on request, we may remove the affected Content, restrict your uploading rights, withhold related Creator Earnings pending investigation (Section 15), and/or terminate your account. You release us from, and agree not to bring, any claim against us arising from Content featuring more than one person, including its removal.
11. Acceptable Use and Prohibited Content
11.1 You must not upload, publish, request, offer, or transmit Content or messages that contain, depict, promote, or facilitate any of the following:
(a) any person under 18 years of age, any person presented or role-played as under 18, or any material that sexualises minors in any form (real, simulated, drawn, or AI-generated) — zero tolerance; such material is reported to NCMEC and law enforcement; (b) any person who has not given the documented consent described in Section 10, including "revenge porn", hidden-camera, leaked, or non-consensually shared intimate material; (c) rape, sexual assault, or lack of consent (actual or themed), incapacitation (including intoxication, hypnosis, or sleep), coercion, or force presented as non-consensual; (d) incest (actual or themed between verified relatives), bestiality, necrophilia, or excrement/scat; (e) violence causing or likely to cause serious harm, weapons used in a sexual context, self-harm, or content glorifying suicide; (f) trafficking in persons, escort services, prostitution, or any offer of sexual services involving physical contact — see Section 11.4; (g) deepfakes or manipulated sexual content depicting any real person other than yourself; AI-generated Content is permitted only where it depicts solely your own verified likeness and is clearly disclosed as AI-generated using the Platform's labelling tools; (h) material recorded in, or broadcast from, a place where the recording or the depicted conduct was itself unlawful (including public places where members of the public were reasonably likely to see the conduct without consent); (i) material used, or intended to be used, to extort any person, including offers to remove content in exchange for payment; (j) infringement of any third party's intellectual property, privacy, or publicity rights; and (k) any other material that is illegal in Estonia, in the place from which it was produced, or in the place at which it is targeted.
11.2 You must not: harass or abuse other Users; impersonate any person; spam; scrape or harvest data; use bots or automated tools without authorisation; introduce malware; probe or disrupt the Platform; circumvent Platform fees, payment systems, or age controls; buy, sell, or transfer accounts; or present pre-recorded material as live.
11.3 Off-Platform circumvention. Soliciting, directing, or accepting payment for Platform-type interactions outside the Platform in order to avoid Platform fees is prohibited and is grounds for termination and forfeiture procedures under Section 15.
11.4 Strictly virtual; no in-person services. The Platform may not be used to advertise, solicit, arrange, broker, or facilitate in-person meetings or physical services of any kind, whether or not sexual and whether or not paid. Offering or requesting sexual services in exchange for anything of value, and any conduct that would promote or facilitate prostitution or sex trafficking (18 U.S.C. §§1591, 2421A and equivalent laws), is prohibited, will result in immediate termination, and will be reported to law enforcement where appropriate.
11.5 We maintain, and may update, more detailed content-classification rules in the Platform's Creator tools; classification of Content into visibility tiers is mandatory and mislabelling is a breach of these Terms.
12. Content Moderation and Transparency (DSA)
12.1 Review. All uploaded Content is reviewed prior to publication using a combination of automated tools and trained human moderators. Live streams and webcam Sessions are subject to real-time automated monitoring supported by human review, and may be interrupted or terminated immediately where a violation is suspected. We may — but except where the law requires, are not obliged to — monitor any other area of the Platform, including private messages, which may be screened by automated tools for illegal-content signals.
12.2 Right, not duty. Subject to Section 12.1, moderation is a right we exercise diligently, objectively, and proportionately, not a general monitoring obligation. We may remove, restrict, demote, demonetise, or age-gate Content, and suspend or terminate accounts, where we reasonably consider the Terms of Service or applicable law to be breached. It is our policy to suspend access to Content while we investigate credible reports concerning it, without liability for doing so in good faith. You agree to cooperate with our investigations at your own cost.
12.3 Statement of reasons. When we restrict Content or an account of an EU user (and, as a matter of policy, any user), we will provide the affected User a statement of reasons meeting Article 17 DSA: the facts, the legal or contractual ground relied on, whether automated means were used, and available redress.
12.4 Appeals. Our internal complaint-handling system (Section 20) is available free of charge for at least six (6) months after any moderation decision, including decisions not to act on a notice. EU users may also refer disputes to a certified out-of-court dispute settlement body under Article 21 DSA, and notices from designated trusted flaggers receive priority.
12.5 Repeat infringers and abusive notifiers. We suspend or terminate, after warning where appropriate, Users who frequently provide manifestly illegal content and suspend the processing of notices from persons who frequently submit manifestly unfounded notices, taking into account the numbers, proportions, gravity, and intent involved, as required by Article 23 DSA. Repeat copyright infringers' accounts are terminated in appropriate circumstances.
12.6 Ranking and recommendations. Discovery surfaces on the Platform rank Creators using the following main parameters: recent activity, verified status, Fan engagement and ratings, completed-Session reliability, and paid feature placements (which are labelled). We publish material changes to these parameters in advance where the P2B Regulation requires.
12.7 We publish transparency information about our moderation activity as required by Articles 15 and 24 DSA, and report to our payment partners as required by card-network rules.
13. Intellectual Property — Ownership and Licences
13.1 Creators keep ownership. Creators retain all intellectual property rights in their Content. We do not acquire ownership of Creator Content.
13.2 Licence to us. By uploading Content, you grant Muscle Worship a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to host, store, reproduce, format, transmit, display, distribute, and promote the Content for purposes reasonably related to the provision, operation, marketing, security, and improvement of the Platform. This licence is perpetual to the extent necessary for archival, legal-compliance, and dispute purposes and otherwise ends a reasonable period after the Content is deleted from the Platform. We will never sell your Content to other platforms; we may transfer the licence in connection with a sale or reorganisation of our business.
13.3 Moral rights. Solely to the extent needed for Platform operation (watermarking, previews, cropping, compression, interface display), you agree not to assert moral rights against those specific acts. This is not a general waiver.
13.4 Anti-piracy mandate. You grant us the non-exclusive right (but we have no obligation) to issue takedown notices and pursue infringers of your Content on your behalf on third-party websites.
13.5 Fan licence. A Fan who purchases access to Content receives only a personal, non-exclusive, non-transferable, non-sublicensable licence to view the Content on the Platform for as long as the underlying access (Subscription, unlock, or Session) remains valid. No purchase is a sale of Content. Downloading (unless the download feature is enabled for that Content), copying, screen-recording, redistributing, or republishing Content is prohibited and infringes the Creator's rights.
13.6 Licence expiry. A Fan's licence to any Content automatically expires upon: chargeback or payment reversal of the related payment; deletion of the Content or the Creator account; expiry or cancellation of the relevant Subscription period; or termination of the Fan's account for breach.
13.7 Platform IP. The Platform's software, design, branding, and databases are owned by us or our licensors. Anonymised and aggregated data derived from Platform use is owned by us. You may not use our trademarks without written consent.
14. The Standard Fan–Creator Contract
14.1 Each Fan/Creator Transaction forms a direct contract between the Fan and the Creator on the terms of this Section 14 (the "Standard Fan–Creator Contract"). Muscle Worship is not a party to that contract. The Creator — not Muscle Worship — is responsible for delivering the purchased Content or Session and for its quality and legality.
14.2 Under the Standard Fan–Creator Contract: the Creator grants the Fan the licence in Section 13.5; the Creator warrants the Content complies with Sections 10 and 11 and is of satisfactory quality, as described, and reasonably fit for any purpose the Fan has made known through the Platform; and the Fan agrees not to initiate a chargeback other than in good faith.
14.3 Both Fan and Creator authorise Muscle Worship, as the Creator's limited payment-collection agent, to collect the Fan's payment, deduct the platform fee and applicable taxes, and remit Creator Earnings; payment to Muscle Worship discharges the Fan's payment obligation to the Creator.
14.4 Muscle Worship retains the right to remove Content and to administer refunds, escrow, and disputes as described in the Terms of Service notwithstanding the Standard Fan–Creator Contract.
15. Suspension, Termination, and Withholding of Creator Earnings
15.1 You may close your account at any time via account settings, subject to the wind-down rules in this Section. We may terminate any account for convenience on thirty (30) days' notice, and immediately where: you seriously or repeatedly breach the Terms of Service; you attempt or threaten to breach them in a way we reasonably believe will cause serious harm; verification fails or is refused; we are required to do so by law, a regulator, or a payment partner; or your conduct exposes the Platform, its Users, or its payment relationships to material harm or reputational damage.
15.2 During any suspension or investigation, we may pause Fan payments to you and withhold some or all of your unpaid Creator Earnings for as long as reasonably necessary to investigate. Where part of your Earnings is unrelated to the suspected breach, we will release that part unless prevented by law or by our payment partners.
15.3 If we conclude on reasonable evidence that Earnings resulted from serious or repeated breach, fraud, or unlawful activity, those Earnings may be forfeited, and we may set off against your balance amounts you owe us (including chargeback amounts under Section 9.5 and losses caused by your breach). Where Fan payments that produced forfeited Earnings can lawfully be returned, we will use reasonable efforts to return them to the affected Fans. We do not recognise any lien, assignment, or encumbrance over Creator Earnings asserted by third parties.
15.4 On closure of a Creator account, remaining lawful Earnings are paid out after a final review period of up to [90] days (to cover chargeback exposure and open disputes). Fans' active Subscriptions to a closing Creator run to the end of the paid period or are refunded pro rata per the Refund Policy.
15.5 If you do not dispute a moderation, withholding, or forfeiture decision within six (6) months of our notification of it, you waive the right to dispute it. Termination does not affect accrued rights, and provisions which by their nature survive (including Sections 10, 13, 15–18, and 21) survive.
16. What We Are Not Responsible For
To the extent permitted by applicable law, we are not responsible for: Content or conduct of Users (subject to our moderation duties under law); loss or damage arising from Fan/Creator Transactions, which are contracts between those users; your being identified from your own Content or streams; unlawful copying or redistribution of Content by third parties, including after deletion; failures of geo-blocking or similar tools; events outside our reasonable control; or loss of profits, business, or opportunity of Creators arising from Platform unavailability, moderation, ranking, or feature changes, except where mandatory law provides otherwise.
17. Limitation of Liability
17.1 Nothing in the Terms of Service excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; intentional misconduct or gross negligence where such limitation is prohibited; or any other liability that cannot lawfully be excluded or limited. If you are a consumer in the EU/EEA or UK, nothing in these Terms deprives you of the mandatory protections of the law of your country of residence.
17.2 Subject to Section 17.1, if you use the Platform as a consumer, we are liable only for foreseeable loss caused by our breach or negligence, and not for loss of profits, loss of business, or business interruption.
17.3 Subject to Section 17.1, if you use the Platform as a business (including Creators acting in the course of a business), we exclude liability for indirect and consequential loss, loss of profits, loss of data, and loss of opportunity, and our total aggregate liability in any 12-month period is limited to the greater of (a) the total platform fees we earned from your account in that period and (b) EUR 5,000.
17.4 Subject to Section 17.1, our total aggregate liability to any consumer User in respect of all claims in any 12-month period is limited to the greater of (a) the amounts you paid to the Platform in that period and (b) EUR 500.
18. Indemnification
You will indemnify and hold harmless Muscle Worship, its officers, employees, and agents from and against claims, losses, and expenses (including reasonable legal fees) arising out of: your Content, including any breach of the warranties in Sections 10 and 11; your breach of the Terms of Service; your violation of law or of third-party rights; and, for Creators, your failure to fulfil Fan/Creator Transactions or to comply with tax obligations. This Section does not apply to consumers to the extent such indemnities are unenforceable under the mandatory law of their residence, and in such cases you remain liable for damage caused by your breach under general law.
19. Privacy
Our processing of personal data is described in the Privacy Policy, including the categories of data processed, legal bases (including explicit consent for special-category data), retention periods, international transfers, and your rights. The Privacy Policy forms part of the Terms of Service.
20. Complaints, Support, and Appeals
20.1 Support is available at support@muscleworship.io and [SUPPORT PHONE]. We aim to acknowledge support requests within 24 hours.
20.2 Complaints about Content — including reports of illegal, non-consensual, or infringing material, and requests by persons appearing in Content to have it removed — are handled under the DMCA & Content Removal Policy. Complaints alleging illegal or non-consensual content are resolved within seven (7) business days [DRAFTING NOTE: reduce to five (5) business days if Segpay is the processor], with immediate interim suspension of the reported Content where warranted, and disputes about consent determinations are referred to neutral third-party resolution at our expense.
20.3 Moderation and account decisions may be appealed free of charge through the internal complaint system for six (6) months (Section 12.4). EU/EEA consumers may also use the Estonian Consumer Disputes Committee (Tarbijavaidluste komisjon) at the Consumer Protection and Technical Regulatory Authority (TTJA), or the ADR entity of their home country; EU/UK Creators may use the mediation route in Section 21.5.
21. Governing Law and Disputes
21.1 Governing law. The Terms of Service, and any dispute arising out of them or the Platform, are governed by the laws of the Republic of Estonia. If you are a consumer residing in the EU/EEA or UK, you additionally benefit from the mandatory consumer-protection provisions of the law of your country of residence, which this clause does not displace (Article 6(2), Rome I Regulation).
21.2 Venue — EU/EEA/UK consumers. You may bring proceedings in the courts of your country of residence or in the Estonian courts; proceedings against you may be brought only in the courts of your country of residence.
21.3 Venue — business users and other users outside the U.S. The Harju County Court in Tallinn, Estonia has exclusive jurisdiction, and for Creators this applies regardless of residence except where mandatory law provides otherwise.
21.4 U.S. users — arbitration agreement. If you reside in the United States, you and Muscle Worship agree to resolve all disputes arising out of the Terms of Service or the Platform by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seat [Wilmington, Delaware / remote by videoconference], except that (a) either party may bring an individual claim in small-claims court, and (b) either party may seek injunctive relief for intellectual-property violations in court. You and we each waive the right to a jury trial and to participate in a class action or class-wide arbitration. You may opt out of this arbitration agreement by emailing legal@muscleworship.io within 30 days of first accepting these Terms. This Section 21.4 does not apply to consumers residing in the EU/EEA or UK.
21.5 EU/UK Creators — P2B mediation. For business-user complaints within Regulation (EU) 2019/1150, we will engage in good faith with mediation through [named mediation body, e.g., CEDR P2B Panel], without prejudice to court rights.
21.6 Time limit. To the extent permitted by applicable law, any claim must be commenced within one (1) year of the date the claimant knew or ought to have known of the facts giving rise to it.
22. General
Severability (invalid provisions do not affect the remainder); no waiver by non-enforcement; you may not assign your rights, we may assign ours in connection with a business transfer; the Terms of Service and documents incorporated in Section 1.2 are the entire agreement; nothing creates employment, agency (beyond Section 14.3), partnership, or joint venture; notices to you may be given by email or Platform notification; the English version prevails over any translation.
23. Contact
[MUSCLE WORSHIP OÜ] · Registry code [●] · [Registered address], Tallinn, Estonia legal@muscleworship.io · support@muscleworship.io · [SUPPORT PHONE] DSA points of contact: [/legal] · Data protection: privacy@muscleworship.io