Terms of Service

Welcome to Subwave, a service of Detail Technologies B.V., a private company with limited liability incorporated under the laws of the Netherlands (KvK 81233264) and having its registered office at Raadhuisstraat 50-2, 1016 DG Amsterdam, The Netherlands ("Detail," "we," "our" or "us").

These Terms of Service ("Terms") form a legally binding agreement between Detail and you--whether you are a Creator (someone who uploads or livestreams video, audio or other content), a Subscriber or Viewer (someone who watches Creator Content, with or without payment), or any other visitor who interacts with the Subwave website, mobile/desktop apps, embeddable players or application programming interfaces (collectively the "Service").

By creating an account, uploading content, posting comments, purchasing a subscription or otherwise using Subwave, you agree to these Terms. If you do not agree to these Terms, you may not create an Account, upload or interact with user-generated content, or use community features on the Service.

1. What Makes Subwave Creator-Friendly

You own your content completely. Creators retain full ownership of everything they upload. We only take the limited rights needed to host, deliver, and help promote your content to grow your audience.

You control your audience relationship. We provide you with your subscribers' contact information so you can communicate directly with your community. You can export your complete subscriber list and all your content at any time.

Transparent revenue sharing. Creators set their own subscription prices and keep the majority of revenue. Our platform fee and exact fee structure is detailed in Section 5 and may be updated from time to time with appropriate notice.

We help you grow. Unless you opt out, we can feature your content in our discovery features, newsletters, and promotional materials to help you find new subscribers.

Fair and transparent moderation. We follow clear community guidelines and provide appeals processes. You'll always know why content was removed and have the opportunity to appeal our decisions.

2. Definitions

"Account" means the profile you create to use the Service.

"Creator Content" means any video, audio, image, text, metadata, thumbnail, comment or livestream you upload to the Service.

"Paid Channel" means a subscription tier or one-off sale that grants Subscribers access to Creator Content in exchange for payment.

"Platform Fee" means the percentage of Gross Revenue retained by Detail, as set out in Section 5 and our current fee schedule.

"Gross Revenue" means all amounts actually received by Detail from Subscribers for a Paid Channel, less any value-added tax (VAT) or goods and services tax (GST) and payment-processor refunds or chargebacks.

"Net Revenue" means Gross Revenue minus the Platform Fee and all third-party payment processing fees.

3. Eligibility and Account Security

You must be at least 16 years old to create an Account or post comments. Users between 13 and 16 years old may create accounts with verifiable parental consent.

You are responsible for maintaining the security of your Account and all activity that occurs under your Account. You must keep your password secure and notify us immediately of any unauthorized use of your Account.

We may require know-your-customer (KYC) and anti-money-laundering (AML) verification before allowing payouts or access to certain features, in accordance with applicable financial regulations.

4. Creator Content Ownership and Licensing

4.1 You Own Your Content

Creators retain complete ownership of their Creator Content. Nothing in these Terms transfers ownership of Creator Content to Detail or any third party.

4.2 License to Detail

By uploading Creator Content to Subwave, you acknowledge that you are giving us permission to host and share your content as part of the Service. Specifically, you grant Detail and its service providers a non-exclusive, worldwide, royalty-free license to host, store, encode, cache, display, transmit, distribute, process, and otherwise use Creator Content solely to operate, improve, and promote the Service. This includes the right to:

• Host and deliver your content to subscribers and viewers across all our platforms and applications
• Process, optimize, and transcode your content for different devices and connection speeds
• Create thumbnails, previews, and excerpts for discovery and promotional purposes
• Display your content in search results, recommendations, and platform features
• Include your content in newsletters, social media posts, press materials, and other promotional activities to help grow your audience
• Share your content across Subwave's various distribution channels and partner platforms
• Enable the sharing features described in Section 4.3 and 4.4 below
• Create backup copies to ensure service reliability and data protection

This license continues for 30 days after you delete your Creator Content or Account to allow for technical cleanup, except as required by law or for existing authorized backups.

4.3 Viewer and Subscriber Sharing

Creator-Controlled Sharing: When you enable sharing features for your content, you give permission for your viewers and subscribers to share your content through Subwave's built-in sharing tools. This includes:

• Sharing links to your content with proper attribution
• Creating and sharing short clips or highlights (duration limits apply as specified in your creator settings)
• Embedding your content on external websites where you've enabled embedding
• Sharing screenshots or thumbnails with attribution back to your channel

External Platform Sharing: Where you enable external sharing features, viewers may create short clips or highlights from your content to share on their own social media channels or platforms, provided they:

• Include clear attribution to your Subwave channel
• Comply with any duration limits you've set (typically 15-60 seconds)
• Link back to your original content or channel
• Do not claim ownership of your content
• Remove the shared content if you request it

Creator Control: You maintain full control over these sharing features and can:

• Enable or disable sharing for individual pieces of content
• Set maximum clip duration for highlights
• Disable external platform sharing entirely
• Request removal of shared clips that violate your settings

4.4 Promotional Use and Opt-Out

Unless you opt out in your account settings, we may feature excerpts of up to 30 seconds or thumbnails of your public content to promote Subwave and help you discover new subscribers. You can opt out of promotional use at any time through your account settings.

4.5 Subscriber-Only and Private Content

We will not publish subscriber-only or unlisted content outside the intended audience without your explicit permission. However, you acknowledge that we may need to access such content for technical support, moderation, or legal compliance purposes.

5. Subscriptions, Payments, and Revenue Sharing

5.1 Setting Up Paid Channels

Creators may set subscription prices and create paid channels subject to minimum pricing requirements as specified in our current fee schedule. All prices must be set inclusive of applicable VAT or sales tax.

By creating a Paid Channel, you appoint Detail as your commercial agent to conclude sales with Subscribers on your behalf, collect payments, and issue invoices in your name.

5.2 Platform Fees and Revenue Sharing

Detail retains a Platform Fee from Gross Revenue, plus all third-party payment processor fees. The current Platform Fee structure is available in your creator dashboard and our help documentation.

If a Subscriber purchases through a third-party marketplace (such as Apple App Store or Google Play), additional marketplace fees may apply and will be deducted from your earnings.

We may adjust the Platform Fee structure from time to time in accordance with Section 16 (Changes to Terms). Any changes will be communicated with at least 30 days' notice.

5.3 Payouts

Net Revenue is credited to your creator balance once payments are processed and cleared by our payment providers.

We process payouts monthly via your selected payment method, provided your balance meets the minimum payout threshold and you have completed required verification procedures.

Payouts are processed in EUR unless otherwise agreed in writing. Currency conversion fees, if applicable, will be deducted from your payout.

5.4 Subscriber Refunds and Cancellations

Refund Policy: Because digital content is delivered instantly upon purchase, subscribers consent to immediate fulfillment and waive their statutory 14-day right of withdrawal once they begin accessing content. Refunds are not provided except where required by applicable law or at our sole discretion.

Subscription Management: Subscriptions renew automatically until cancelled by the subscriber. Cancellation prevents future charges but does not entitle the subscriber to refunds for past billing periods.

Chargebacks: If a chargeback or refund is processed by a payment provider, the corresponding amount plus any associated fees will be deducted from your creator balance.

5.5 Tax Responsibilities

Detail will collect and remit VAT, GST, or other applicable sales taxes where required by law.

Creators are responsible for all income taxes and other obligations related to their earnings through the Service. We provide payment statements and transaction history to assist with tax reporting.

6. Subscriptions and Subscriber Consent

6.1 What You Agree to When Subscribing

When you subscribe to a creator's content or purchase access to a Paid Channel, you understand and agree that:

• Content Delivery: The creator will deliver content to you through various channels including the Subwave platform, email, and other communication methods
• Data Sharing: We will share your email address, display name, country, and subscription information with the creator to enable them to deliver content and maintain their relationship with you
• Direct Communication: The creator may contact you directly using the information we provide, including for content delivery, updates about their work, and subscriber communications
• Data Export: Your information may be included when creators export their subscriber data, as this is essential for creator independence and platform portability
• Creator Relationship: You are entering into a direct relationship with the creator, facilitated by Subwave

6.2 Your Rights as a Subscriber

As a subscriber, you have the right to:

• Unsubscribe: Cancel your subscription at any time, which stops future billing
• Opt-out of Communications: Request that creators remove you from their direct communications
• Data Deletion: Request deletion of your personal data from creator records
• Platform Protection: Report creators who misuse your data or violate communication policies

6.3 Creator Access to Subscriber Information

When someone subscribes to your content, we provide you with their email address, display name, country information, and subscription details to enable direct communication with your audience and content delivery.

6.4 Permitted Use of Subscriber Data

You may use subscriber data only for the following purposes:

• Delivering your Paid Channel content and services
• Communicating about your content, updates, and creator activities
• Maintaining your relationship with subscribers
• Fulfilling any promises made as part of your Paid Channel

6.5 Data Export and Portability

You can export your complete subscriber list and all associated data at any time through your creator dashboard. This ensures you maintain control over your audience relationship and can transition your community if needed.

6.6 Subscriber Privacy Rights

You must honor subscriber requests to unsubscribe from your communications and delete their personal data from your records. You may not share subscriber data with third parties without explicit consent.

7. Viewer Profiles and Public Activity

7.1 Public Profile Information

When you create an account and set up your viewer profile, you understand and agree that:

• Public Profile Display: Any information you mark as public in your profile (display name, profile picture, bio, location) may be displayed throughout the Service, including on comment sections, subscriber lists, and platform features
• Activity Visibility: Your public activities such as comments, likes, and public subscriptions may be visible to other users and displayed in various parts of the Service
• Discovery Features: Your public profile may appear in user directories, search results, and recommendation features to help creators and other viewers connect
• Third-Party Integration: Your public profile information may be displayed when your activity is shared outside the platform (such as when comments are featured in promotional materials)

7.2 Privacy Controls

You maintain control over your profile visibility through privacy settings, including:

• Profile Privacy: Choose what information is public versus private
• Activity Privacy: Control whether your subscriptions, likes, and other activities are publicly visible
• Discovery Opt-Out: Disable appearance in user directories and recommendation features
• Comment Display: Choose whether your comments can be highlighted or featured

7.3 Creator Subscriber Lists

When you subscribe to a creator, you understand that:

• Subscriber Visibility: Creators may choose to display subscriber counts and, if you haven't opted out, include you in public subscriber lists or acknowledgments
• Creator Communications: Your public profile information may be visible to creators you subscribe to for community building purposes
• Export Inclusion: Your profile information may be included when creators export their community data

8. Community Features and Moderation

Viewers may post comments on Creator Content and, where enabled by the Creator, send direct messages. All community interactions must comply with our Acceptable Use Policy.

Creators have primary responsibility for moderating their own comment sections and community spaces. Detail may intervene to remove content that violates our policies or applicable law.

We reserve the right to remove comments, suspend accounts, or take other enforcement actions for violations of our community guidelines, harassment, spam, or other abusive behavior.

8.1 No Tolerance for Objectionable Content and Abusive Users

Subwave has zero tolerance for objectionable content and abusive users. This includes, without limitation, illegal hate speech, harassment, credible threats, non-consensual intimate imagery, child sexual abuse material, terrorist content, and other content or conduct prohibited under Section 9.

Users who upload, post, or share objectionable content, or who engage in abusive conduct, are subject to immediate enforcement action, including content removal and account suspension or termination.

8.2 Reporting Objectionable Content

Anyone may report content they believe is objectionable or illegal through our in-app reporting tools, via detail.co/dsa, or by contacting us at dsa@detail.co.

8.3 24-Hour Review and Enforcement Commitment

We review valid reports of objectionable content within 24 hours of receipt.

If we confirm that reported content violates these Terms or applicable law, we will remove the offending content and eject the responsible user from the Service by suspending or terminating the relevant Account. This commitment applies notwithstanding any discretionary notice period described elsewhere in these Terms.

9. Acceptable Use Policy

You agree not to upload, post, or transmit any content that:

• Violates any applicable law or regulation, including but not limited to child sexual abuse material, terrorist content, or non-consensual intimate imagery
• Infringes on intellectual property rights, privacy rights, or other legal rights of third parties
• Contains hate speech, harassment, or credible threats of violence toward any person or group
• Is objectionable, abusive, or otherwise intended to intimidate, degrade, or silence individuals or groups
• Promotes self-harm, contains dangerous medical misinformation, or facilitates illegal activities
• Is excessively violent or pornographic without appropriate age restrictions and warnings
• Constitutes spam, fraudulent schemes, malicious code, or deceptive practices

We may remove content that violates this policy and, where required by law, report violations to appropriate authorities. Serious or repeated violations may result in account suspension or termination.

10. Copyright Protection and DMCA Compliance

10.1 Reporting Copyright Infringement

Our designated contact for copyright matters is: dsa@detail.co

Rights holders may submit takedown notices through our online form at detail.co/dsa or by emailing the above address. Notices must include:

• A specific URL and timestamp identifying the alleged infringement
• Evidence of your ownership or authorization to act on behalf of the rights holder
• Your contact information and a statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate

10.2 Response to Takedown Notices

We review copyright notices promptly and will disable access to allegedly infringing content where appropriate. We notify the affected Creator with an explanation of the claim and information about our counter-notice procedure.

10.3 Counter-Notices and Repeat Infringement

Creators may submit counter-notices if they believe their content was wrongly removed. We follow standard DMCA procedures for counter-notice processing.

Accounts with multiple substantiated copyright violations may be terminated in accordance with our repeat infringer policy.

11. Data Protection and Privacy

11.1 Privacy Policy Integration

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms and is incorporated by reference.

11.2 Data Collection and Use

We collect only the personal data necessary to operate the Service, including basic usage analytics (views, engagement metrics, device information, IP addresses) to improve functionality and detect fraudulent activity.

We do not sell, rent, or otherwise monetize personal data. We share data only with vetted service providers who help us operate the Service under strict data processing agreements that comply with applicable privacy laws.

11.3 Service Provider Data Sharing

We may share data with essential service providers including payment processors, email delivery services, analytics providers, and hosting services. All such providers are bound by contractual obligations to protect your data and use it only for the specified purposes.

11.4 Creator Responsibilities for Subscriber Data

Creators who receive subscriber data must comply with applicable privacy laws, use the data only for authorized purposes, and implement appropriate security measures to protect subscriber information.

12. Platform Operation and Service Changes

We strive to maintain high service availability but cannot guarantee uninterrupted access. Planned maintenance will be announced in advance when practicable.

We may add, modify, or discontinue features at any time as part of our ongoing platform development. For changes that materially affect core functionality or creator earnings, we will provide at least 30 days' advance notice.

13. Account Termination

13.1 Termination by You

You may terminate your Account at any time by following the account deletion process in your settings. Outstanding creator payouts above the minimum threshold will be processed in the next regular payout cycle, subject to standard fraud review procedures.

13.2 Termination by Us

We may suspend or terminate Accounts for material violations of these Terms, repeated policy violations, or as required by applicable law. Where possible, we will provide notice and an opportunity to remedy violations before termination.

13.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. The licensing provisions in Section 4, payment obligations, indemnification, limitation of liability, and other provisions that by their nature should survive will remain in effect after termination.

14. Disclaimers and Limitation of Liability

14.1 Service Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

14.2 Limitation of Liability

Nothing in these Terms limits our liability for death, personal injury caused by our negligence, fraud, or other matters where liability cannot be excluded under applicable law.

Subject to the above, our total liability to any user for all claims arising from or relating to the Service will not exceed the greater of (a) EUR 100 or (b) the total Platform Fees we earned from that user's account in the 12 months preceding the claim.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption.

15. Indemnification

You agree to indemnify, defend, and hold harmless Detail, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses arising from (a) your Creator Content or use of the Service; (b) your breach of these Terms; (c) your violation of applicable laws or third-party rights; or (d) your negligent or wrongful conduct.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

If you are a consumer resident in the European Union, you may bring legal proceedings in the courts of your country of residence. For all other disputes, the exclusive jurisdiction lies with the competent courts of Amsterdam, the Netherlands.

We are not obligated to participate in alternative dispute resolution procedures, except as required by applicable law such as European Union Regulation 524/2013.

17. Changes to These Terms

We may modify these Terms from time to time to reflect changes in law, regulation, or business practices.

We will provide at least 30 days' advance notice of material changes by posting the updated Terms on our website and notifying users via email or in-app notification.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may delete your Account.

18. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Detail regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment: You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

Contact Information: For questions about these Terms, please contact us at legal@detail.co or dsa@detail.co for Digital Services Act matters.

These Terms are effective as of the date listed above and replace all previous versions. We encourage creators to review these Terms regularly and contact us with any questions.