1. INTRODUCTION
This Creator and Fan Agreement ("Agreement") governs the legal relationship and interactions between a Fan and a Creator on the My Secret Needs platform (the "Platform", "MSN"). It applies each time a Digital Interaction is initiated and is read together with the Platform Terms of Service, Privacy Policy, Acceptable Use Policy, Refund Policy, Community Guidelines, and Age Verification materials.
This Agreement is intended to align with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (the "ACL") and other applicable Commonwealth, State, and Territory laws of Australia.
2. SCOPE AND PARTIES
Binding Agreement: This Agreement is a legally binding contract between the Fan and the Creator. It is formed each time a Digital Interaction is initiated and continues for the duration of, and to the extent of, that Digital Interaction.
The Parties: The only parties to this Agreement are the Fan and the Creator. My Secret Needs (the "Platform Provider") is not a party to this Agreement. The Platform Provider acts as a marketplace facilitator and, where shown at checkout, as the Creator's payment collection agent. The Platform Provider may enforce its own Terms of Service, Acceptable Use Policy, and safety controls independently of this Agreement.
Digital Twins: For the purposes of this Agreement, "Creator" includes the human Creator and their authorised AI Digital Twin personas. Interactions with a Digital Twin are licensed uses of the Creator's persona and likeness. Digital Twins are provided for entertainment and do not create any agency, employment, fiduciary, professional, therapeutic, or other special relationship between the Fan, the Creator, or the Platform Provider.
3. KEY DEFINITIONS
"ACL" means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Content" means any material made available through the Platform by or on behalf of the Creator, including photographs, videos, audio, text captions, AI-generated chat responses, Digital Twin outputs, and associated metadata.
"Digital Interaction" means any transaction on the Platform that grants the Fan access to Content or to an AI persona, including Subscriptions, Pay-Per-View (PPV) unlocks, tips, message bundles, and AI Twin chat sessions.
"Interaction License" means the limited, personal, non-exclusive, non-transferable, revocable licence granted by the Creator to the Fan to access and interact with Content for personal, non-commercial entertainment use only.
"GST" means Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Subscription" means a recurring Digital Interaction that grants the Fan access to a Creator's subscriber-only Content and entitlements for the duration of each paid billing period.
4. PRICING AND PAYMENT
Prices: The price for each Digital Interaction, the billing cycle (where applicable), the access window, any applicable taxes (including GST), and the currency are displayed at checkout before the Fan authorises payment.
Authorisation: By initiating a Digital Interaction, the Fan authorises the Platform Provider and its payment processors to charge the Fan's selected payment method for the disclosed amount (and, for Subscriptions, on a recurring basis as described in Section 5).
Collection agent: Where indicated at checkout, the Platform Provider collects payment on the Creator's behalf, deducts the disclosed Platform Fee, and remits the remaining Creator Earnings to the Creator through the Platform Provider's payout system.
GST: Where the Creator is registered for GST, the price displayed includes GST. The Platform Provider may issue tax invoices on behalf of the Creator where permitted by law.
Section 5 · Subscriptions
5. SUBSCRIPTIONS, AUTO-RENEWAL, CANCELLATION, AND ACCESS WINDOWS
Recurring billing: By selecting "Subscribe", the Fan authorises the Platform Provider's payment processors to charge the Fan's selected payment method on a recurring basis at the price, billing cycle, and currency disclosed at checkout. Subscriptions renew automatically at the end of each billing period for the same term until cancelled.
Access window: A Subscription grants the Fan access to the Creator's subscriber-only Content and entitlements for the duration of each paid billing period only. Pay-Per-View unlocks, tips, and other one-off purchases are not part of the Subscription and remain governed by their own checkout terms.
Cancellation: The Fan may cancel auto-renewal at any time through account billing settings on the Platform (or, where the Subscription was purchased through an app store, through that store's subscription controls). Cancellation takes effect at the end of the current billing period: the Fan retains access for the remainder of that period and no further charges will be made for the Subscription after the period ends.
No refunds for partial periods: Except where required by law or the ACL guarantees in Section 7 apply, refunds are not provided for unused portions of a paid Subscription period after cancellation. The Fan remains liable for fees properly incurred before cancellation takes effect.
Price changes: If the Subscription price will increase on renewal, the Platform Provider will give the Fan reasonable prior notice (by email to the address on file and in-product) before the new price is charged. The Fan will have a clear opportunity to cancel before the new price applies, and continued Subscription past the notice period (or affirmative consent where required) will be treated as acceptance of the new price.
Failed payments: If a renewal payment is declined, the Platform Provider may retry the charge for a short period. If recovery fails, access to subscriber-only Content may be paused until the billing issue is resolved.
ACL guarantees still apply: Nothing in this Section 5 limits the Fan's non-excludable rights under the ACL, including the consumer guarantees and the refund or credit remedies set out in Section 7.
6. LICENSE AND OWNERSHIP OF CONTENT
Intellectual property: All Content remains the intellectual property of the Creator (and, where applicable, the Platform Provider's licensors for platform-supplied elements such as AI Twin tooling and templates).
Interaction License: The Creator grants the Fan the Interaction License during the access window for the relevant Digital Interaction. The Fan must not reproduce, redistribute, publicly perform, screen-record at scale, screen-share to third parties, or commercially exploit any Content outside the in-product features expressly enabled by the Platform.
Prohibition on external model training: Without the Creator's prior written consent, the Fan must not use, reproduce, extract, compile, or permit any third party to use, any Content (including photographs, videos, audio, text captions, and metadata), or any AI Twin chat logs, direct message transcripts, exports, screenshots used as training corpora, or other records of conversational output, for the purpose of training, fine-tuning, distilling, aligning, benchmarking, or otherwise improving any machine-learning system, large language model, generative artificial intelligence, embedding model, retrieval index, or automated decision-making tool that operates outside the Platform's own documented, in-product features. This prohibition applies whether processing is commercial or non-commercial, on-device or cloud-hosted, or performed through an intermediary. A breach is a material breach of this Agreement and may result in immediate account termination, injunctive relief, and a claim for damages (including for copyright and confidential information where applicable).
Section 7 · Refunds (Australian Consumer Law)
7. STATUTORY GUARANTEES AND REFUNDS
ACL guarantees: Our supplies to the Fan come with consumer guarantees under the ACL that cannot be excluded, restricted, or modified by this Agreement. Nothing in this Agreement excludes, restricts, or modifies any right or remedy that the Fan has under the ACL or any other law of the Commonwealth, State, or Territory that cannot lawfully be excluded.
Major failures: For a "major failure" with a Digital Interaction — including where access to the Content is unavailable for a substantial period, the AI Digital Twin is non-functional, or the supply is significantly different from what was advertised at checkout — the Fan is entitled, at the Fan's election, to a refund or a Platform credit, plus compensation for any other reasonably foreseeable loss or damage caused by the failure.
Non-major problems: For problems that are not a major failure, the Creator and the Platform Provider will, at no additional cost to the Fan, make the supply right within a reasonable time — for example, by re-delivering Content, restoring access, or substituting equivalent Content. If the problem is not remedied within a reasonable time, the Fan may treat the failure as major and exercise the remedies described above.
No refunds for change of mind once digital content is accessed or a Digital Interaction has commenced: Consistent with Australian law, the nature of digital content, and our Refund Policy, refunds for change of mind are not provided once digital content has been accessed or used, or a Digital Interaction has commenced. A Digital Interaction has commenced when, for example, the Fan has accessed or streamed the Content, started a Pay-Per-View unlock, redeemed credits, or exchanged any message with a Digital Twin. This does not affect any non-excludable ACL right, including remedies for major failures.
How to claim: To request a refund or credit, the Fan should contact MSN Support through the in-product Support page within a reasonable time of the issue and provide the order ID, account email, and a description of the failure. Where the Platform Provider acts as the Creator's collection agent, it will coordinate the refund or credit with the Creator and the relevant payment processor. Refunds will be issued to the original payment method where technically possible; otherwise an equivalent permitted by law will be offered.
Chargebacks: Initiating a payment-card chargeback without first contacting Support may result in temporary suspension of billing features pending investigation. Meritless or abusive chargebacks may also result in account closure under the Terms of Service.
8. EXPIRY OF LICENSE
The Interaction License automatically expires if the relevant Subscription ends or is cancelled, if a Fan Payment is reversed or charged back without justification, or if the Fan breaches this Agreement, the Acceptable Use Policy, or the Platform's Terms of Service.
Expiry of the Interaction License does not, on its own, give rise to a refund right, except where required by the ACL (see Section 7) or otherwise required by law.
9. MUTUAL OBLIGATIONS AND WARRANTIES
Creator warranties: The Creator warrants that they are at least 18 years of age (or the age of majority in their place of residence if higher), that they have completed the Platform's verification requirements, and that they possess all necessary rights, consents, and authorisations for the likeness, voice, name, persona, and other materials used in their Content and Digital Twin.
Fan conduct: The Fan agrees to comply with the Acceptable Use Policy and Community Guidelines, not to use any Digital Twin or Content to generate, request, or distribute material that is illegal under Australian law (including under the Online Safety Act 2021 (Cth)), and not to attempt to jailbreak or otherwise circumvent safety controls.
AI disclosure: The Fan acknowledges that interactions with a "Digital Twin" are generated by artificial intelligence systems, are provided for entertainment only, may be inaccurate or inconsistent with the Creator's real views, and must not be relied on for medical, legal, financial, therapeutic, or emergency advice.
Confidentiality: Each party will treat the substantive content of private chats and Pay-Per-View Content as confidential and will not disclose it to third parties except as permitted by the Platform's features (for example, in-product sharing controls) or as required by law.
10. LIMITATION OF LIABILITY
Subject to the ACL and any other law that cannot be excluded, the Creator's liability for breach of any guarantee, warranty, or condition that cannot be excluded is, at the Creator's election, limited to the re-supply of the Digital Interaction or the payment of the cost of having the Digital Interaction supplied again.
To the maximum extent permitted by law, neither the Creator nor the Platform Provider is liable to the Fan for any indirect, consequential, special, or punitive loss, or for loss of profits, revenue, goodwill, or opportunity, arising out of or in connection with a Digital Interaction or this Agreement, regardless of the legal theory of liability.
11. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws in force in Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts of the Commonwealth of Australia exercising jurisdiction in Queensland, and waives any objection to those courts on the grounds of inconvenient forum.
12. SEVERABILITY AND GENERAL
If any provision of this Agreement is held to be invalid or unenforceable under Australian law, that provision will be read down to the extent necessary to make it valid and enforceable or, if it cannot be read down, severed; the remaining provisions will continue in full force.
A failure or delay by either party to enforce a right under this Agreement is not a waiver of that right. This Agreement is the entire agreement between the Fan and the Creator on its subject matter for each Digital Interaction and supersedes any prior representations on the same subject (other than the Platform's published Terms of Service and Policies, which are incorporated by reference).