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Dear Friends

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TERMS OF SERVICE

Last Updated: 28 May 2025

These Terms of Service (“Terms”) govern your use of Dear Friends—the mobile application and related services (the “App”)—owned and operated by My Dear Friends LLC (“MDF,” “we,” “our” or “us”). By accessing or using the App you agree to be bound by these Terms and by our Privacy Policy. If you become a creator partner, you will also be bound by a separate Creator Agreement.

1. Acceptance of Terms
Your use of the App constitutes your acceptance of, and agreement to, these Terms.

2. Privacy Policy
Our Privacy Policy explains how we collect, use, and share your information. By using the App you consent to those practices.

3. User Eligibility
You must be at least 13 years old to use the App and 18 years old to purchase subscriptions or apply to the Creator Alliance.

4. Changes to Terms
We may modify these Terms at any time. We will post the revised Terms and indicate the “Last Updated” date. Continuing to use the App after changes become effective signifies acceptance.

5. User Registration
Account creation requires a valid e-mail and single-use verification code or SSO (Google, Facebook, Apple). Credentials must not be shared. Concurrent login on multiple devices is prohibited.

PART II – CREATOR PARTICIPATION

6. Creator Participation
Creators are independent contractors who produce original audio or video sessions for Dear Friends. Participation is governed by a Creator Agreement detailing content ownership, revenue sharing, quality standards, payment terms, and tax responsibilities.

To join you must:
  • be at least 18 years old;
  • provide valid tax documentation and government ID;
  • maintain professional standards and comply with all applicable laws.

7. Creator Content Standards

  • Include appropriate safety or wellness disclaimers in each session.
  • Accurately represent professional qualifications.
  • Provide only original or properly licensed content.
  • Avoid unsupported medical or health claims.
  • Comply with our Content Creation Guidelines.

8. Creator Revenue Model

  • MDF shares 40–50 % of Net Operating Revenue (after platform costs) attributable to your content.
  • Earnings are calculated through an engagement-points system tied to user sessions.
  • Payouts occur monthly on the 15 th for the prior calendar month.
  • Minimum payout threshold is USD 100 (or foreign-currency equivalent).
  • Creators receive full financial transparency via a real-time dashboard and monthly statements.

Creators are responsible for their own taxes and are not MDF employees.

9. Financial Transparency & Audit Rights

Creators in good standing may:
  • View real-time earnings projections.
  • Receive detailed monthly financial reports.
  • Conduct one audit per calendar year of MDF’s revenue calculations at their own expense.
  • Receive reimbursement of reasonable audit costs if underpayment exceeds 5 %.

10. Content Review & Moderation

  • All creator content undergoes technical and quality review before publication.
  • MDF may reject, request edits, or remove non-compliant content at its discretion.
  • An emergency fast-track review is available for time-sensitive releases.

11. Performance Standards

  • Maintain a minimum 4.0 average user rating.
  • Deliver 25 initial sessions within 45 days of onboarding.
  • Provide 12 new sessions per year thereafter.
  • Respond to user feedback forwarded by MDF.
  • Participate, when reasonable, in promotional activities.

12. Creator Account Termination

  • Either party may terminate the creator relationship with 30 days’ written notice.
  • MDF may suspend or terminate immediately for serious violations (e.g., illegal content, fraud).
  • Accrued earnings are paid within 45 days of termination.
  • Creators may remove their content with 30 days’ notice; MDF retains limited archival or promotional rights as described above.

13. Creator Liability Limitations

  • MDF indemnifies creators against claims arising solely from MDF technical failures.
  • Creators indemnify MDF against claims related to their content or legal violations.
  • Additional liability caps appear in the Creator Agreement.

PART III – GENERAL USER TERMS

14. User Conduct
You agree to comply with all applicable laws and to refrain from harassing or harming other users.

15. Intellectual Property & Creator Content Ownership

  • All App content is protected by intellectual-property laws.
  • Creators retain ownership of their original content but grant MDF a non-exclusive, worldwide licence to host, stream, market, and distribute it via the Services.
  • Upon termination, creators may request removal of their content with 30 days’ notice.
  • MDF may retain limited archival or promotional rights as described above.

16. Liability Disclaimer & Limitation of Liability

THE APP, SERVICES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MDF AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

16.1 Indirect-Damages Exclusion
MDF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE APP.

16.2 Aggregate Cap
MDF’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED USD 100 OR THE TOTAL AMOUNT YOU PAID MDF IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

16.3 Non-Excludable Rights
Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct, fraud, or any liability that cannot be limited under applicable law. Creator-specific liability limits appear in Section 13.

17. Indemnification
You agree to indemnify MDF and its affiliates for losses arising from your violation of these Terms.

18. Dispute Resolution & Arbitration

1. Informal Resolution. Before filing a claim, e-mail support@mydearfriends.org; we will attempt to resolve the dispute within thirty (30) days.

2. Binding Arbitration. Unresolved disputes shall be settled by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules, in Suffolk County, New York (or by secure video conference).

3. Class-Action Waiver. Claims must be brought individually; no class actions.

4. Exceptions. Either party may seek injunctive relief for IP infringement or file in small-claims court if eligible.

5. Governing Law. New York law governs without regard to conflict-of-laws principles.

19. Subscription Terms
Subscriptions are sold through the Apple App Store or Google Play; their terms govern billing, renewal, and cancellation. No refunds are provided.

20. Force Majeure
MDF is not liable for failures caused by events beyond its reasonable control.

21. App Store & Google Play Compliance
You acknowledge compliance with all applicable store policies.

22. Governing Law
These Terms are governed by the laws of the State of New York, USA.

23. CCPA Compliance

California residents have the rights set out in our Privacy Policy. Additional rights for California creators include:

  • right to know what creator-performance data we collect;
  • right to access earnings and engagement metrics;
  • right to delete creator account and data (subject to legal retention);
  • right to opt-out of certain promotional uses of likeness.

24. Changes & Waiver
Failure to enforce a right does not waive it. Any waiver must be in writing.

25. Severability
If any provision of these Terms is held invalid, the remainder remains in effect.

26. Contact Information
My Dear Friends LLC
25 Melville Park Road, Suite 69
Melville, NY 11747, USA
E-mail: support@mydearfriends.org
Website: mydearfriends.org