Terms of Service & Privacy Policy

PART 1 — TERMS OF SERVICE

1. Acceptance of Terms

By accessing or using SpoonieFans (the "Platform"), operated by Pickii Group, LLC, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use the Platform.

2. Description of Service

SpoonieFans is a subscription-based content platform that connects creators living with chronic illnesses to subscribers seeking peer support, shared experiences, and community. The Platform facilitates content sharing, community interaction, and creator monetization. SpoonieFans does NOT provide medical advice, diagnosis, or treatment.

3. Eligibility

You must be at least 18 years old to use SpoonieFans, whether as a Creator or Subscriber. By using the Platform, you represent and warrant that you are 18 or older.

4. Account Registration

Creators must:

• Provide accurate identification and verify identity through government-issued ID
• Provide accurate payment information
• Complete tax documentation (W-9 for US creators)
• Agree to a background check
• Maintain accurate payment method information

Subscribers must:

• Provide a valid payment method
• Maintain accurate account information
• Use one account per person (no sharing)

You are responsible for maintaining the confidentiality of your account credentials.

5. Content Ownership & Policies

5.1 Content Ownership

You retain ownership of all content you post. By posting, you grant SpoonieFans and Pickii Group, LLC a non-exclusive, worldwide, royalty-free license to host, display, and distribute your content on the Platform. You may remove your content at any time, but earnings already attributed to that content remain with the Platform.

5.2 Prohibited Content

You may NOT post content that:

• Contains medical advice, diagnosis, or treatment recommendations presented as professional
• Violates HIPAA or exposes private health information of others
• Is false, misleading, fraudulent, or constitutes misinformation about medical conditions or treatments
• Promotes self-harm, dangerous activities, or unproven "cures"
• Contains nudity, sexual content, pornography, or child sexual abuse material (this is not an adult platform)
• Constitutes harassment, bullying, threats, hate speech, or discrimination
• Violates copyright or other intellectual property rights
• Constitutes spam or scams

5.3 Mandatory Medical Disclaimer

All creators must include the following disclaimer on their profile and on every health-related post:

6. Subscriber Conduct

Subscribers agree to:

• Respect creator boundaries and privacy
• Not harass, bully, or discriminate against creators or other subscribers
• Not download, redistribute, screenshot, screen-record, or share creator content outside the Platform
• Not attempt to contact creators outside the Platform without explicit permission

7. Payment & Earnings

7.1 Subscription Fees

• Monthly subscription: $9.99 USD (auto-renews unless cancelled)
• Cancel anytime through account settings
• No refunds for partial months; subscriptions are non-refundable except in cases of platform error or technical issues

7.2 Revenue Split

• Platform fee: 20% of subscription revenue
• Creator Pool: 80% of subscription revenue
• Distribution based on quality-adjusted engagement metrics and tier multipliers

7.3 Payouts

• Payments processed monthly (on the 5th of each month) via Stripe, ACH, or direct deposit
• Minimum payout threshold: $50 (balances below roll over)
• US creators must complete W-9 before first payment
• International creators are responsible for their own tax obligations

7.4 Third-Month Bonus

• Creators with 100+ quality-adjusted followers will receive a $500 bonus
• Bonus applies for the first 3 months only if creators reach 100+ quality-adjusted followers

7.5 Studio / Professional Cap

• Studios, professional doctors, and hospitals (entities representing multiple individuals) are limited to 20% of the total Creator Pool
• Excess earnings are redistributed to individual creators
• Studios must verify legal representation of all individuals they represent

8. Termination & Suspension

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Illegal activity
• Fraudulent behavior
• Harassment or harmful behavior toward other users
• Repeated medical advice violations
• At our sole discretion

Effect of termination:

• Creators: Final payment processed for earned revenue (minus outstanding obligations); unpaid earnings below the minimum threshold are forfeited
• Subscribers: Subscription ends immediately, no refunds
• All users: All content may be removed from the Platform

9. Disclaimers

9.1 No Medical Advice

SpoonieFans is a peer support platform, not a medical service. Content is not medical advice, diagnosis, or treatment. Always consult healthcare professionals for medical decisions.

9.2 No Guarantees

We do not guarantee:

• Specific earnings amounts (except the $500 third-month bonus for qualifying creators)
• Subscriber growth or retention
• Platform availability (we strive for 99.9% uptime but cannot guarantee it)
• Accuracy of content posted by users

9.3 Technology Limitations

We are not responsible for service interruptions, data loss, security breaches (despite reasonable protections), or third-party service failures (payment processors, hosting).

9.4 HIPAA Notice and Disclaimer

SpoonieFans and Pickii Group, LLC ("the Platform") are not a "Covered Entity" or "Business Associate" as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations (45 C.F.R. Parts 160 and 164). The Platform does not provide healthcare services, health insurance, healthcare clearinghouse functions, or any other service that would subject it to HIPAA.

Accordingly:

1. No Protected Health Information (PHI) Relationship. Any health-related information that creators or subscribers voluntarily share on the Platform is shared at their own discretion and is not considered Protected Health Information ("PHI") under HIPAA. Once shared on the Platform, such information is governed solely by our Terms of Service and Privacy Policy — not by HIPAA.
2. Voluntary Disclosure. Users acknowledge that any personal health information, medical history, symptoms, diagnoses, treatments, medications, or related content they choose to post, message, comment, or otherwise disclose on the Platform is shared voluntarily and at their own risk. Such disclosures may be visible to other users, subscribers, the Platform, and its service providers.
3. No Confidentiality Guarantee. Because the Platform is not a healthcare provider, no physician-patient privilege, therapist-patient privilege, or HIPAA-protected confidentiality applies to information shared on the Platform. Users should not share health information they wish to keep confidential under HIPAA-equivalent protections.
4. Third-Party PHI Prohibited. Users may not post, share, or disclose Protected Health Information about any third party (including family members, other patients, or healthcare providers) without that person's express written consent. This includes, but is not limited to: medical records, test results, diagnoses, photographs of identifiable individuals in medical contexts, and identifying details combined with health conditions. Violation of this provision may result in immediate account termination and may expose the violating user to legal liability under HIPAA, state privacy laws, or other applicable regulations.
5. Healthcare Professionals. If you are a licensed healthcare professional using the Platform, you are solely responsible for ensuring that your use of the Platform — including any content you post — complies with HIPAA, your professional licensing requirements, your employer's policies, and any applicable Business Associate Agreements. You may not post PHI about your patients on the Platform under any circumstances.
6. Not a Substitute for Medical Care. Content on the Platform reflects personal experiences and peer support only. It is not medical advice, diagnosis, or treatment, and does not create a doctor-patient or other professional healthcare relationship between users, creators, or the Platform. Always consult a qualified healthcare provider for medical decisions.
7. Reporting Violations. If you believe another user has shared PHI in violation of this policy or HIPAA, please report it immediately to legal@spooniefans.com.

10. Limitation of Liability

To the maximum extent permitted by law, SpoonieFans and Pickii Group, LLC shall not be liable for:

• Any indirect, incidental, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Medical decisions made based on Platform content
• Damages exceeding the amount you paid us in the 12 months preceding the claim

11. Indemnification

You agree to indemnify and hold harmless SpoonieFans and Pickii Group, LLC from any claims, damages, or expenses arising from:

• Your content or conduct on the Platform
• Your violation of these Terms
• Your violation of any law, regulation, or third-party rights
• Any medical advice you provide

12. Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email or platform notification. Continued use of the Platform constitutes acceptance of updated Terms.

13. Governing Law & Dispute Resolution

• These Terms are governed by the laws of the State of Illinois, USA, without regard to conflict of law principles.
• Any disputes shall be resolved through binding arbitration in Cook County, Illinois, under the rules of the American Arbitration Association.
• Class Action Waiver: You may not bring class action claims against SpoonieFans.

14. Contact Information

• General inquiries: contact@spooniefans.com
• Legal department: legal@spooniefans.com
• Mailing Address: SpoonieFans / Pickii Group, LLC, Bloomingdale, IL

PART 2 — PRIVACY POLICY

1. Introduction

SpoonieFans and Pickii Group, LLC ("we," "us," "our") respect your privacy and are committed to protecting your personal information. This Privacy Policy describes how we collect, use, and disclose information about you when you use our Platform. We are based in the United States; by using our Platform, you consent to the collection and processing of your information in the US.

2. Information We Collect

2.1 Information You Provide

• Account information: name, email, password, phone (creators)
• Identity verification: government-issued ID and tax documentation (creators)
• Profile information: bio, profile picture, content preferences
• Health information: voluntarily shared by creators (not required)
• Content: videos, images, text posts, comments, and messages
• Payment information: processed via Stripe — we do NOT store full payment card details

2.2 Information Collected Automatically

• Usage data: content views, likes, comments, watch time, engagement metrics, quality score calculations
• Device information: IP address, browser type, device type, operating system
• Location data: approximate (city-level) location from IP address
• Cookies and similar tracking technologies for session management, analytics, and preferences

2.3 Information from Third Parties

• Payment processors: transaction data from Stripe
• Identity verification: background check information for creators
• Social media: basic profile information if you connect accounts

3. How We Use Your Information

3.1 For Creators

• Calculate quality scores and earnings
• Process payments and payouts
• Verify identity and prevent fraud
• Provide analytics on content performance
• Facilitate community engagement and platform communications

3.2 For Subscribers

• Process subscription payments
• Recommend relevant creators based on viewing history
• Track viewing history and engagement
• Enable community features (comments, likes)
• Provide customer support and platform notifications

3.3 For All Users

• Provide and improve Platform functionality
• Send service-related communications
• Enforce Terms of Service
• Comply with legal obligations
• Prevent fraud and abuse
• Analyze platform usage trends

4. How We Share Your Information

4.1 With Creators

• Subscribers' usernames and engagement data (never payment information)
• Aggregate analytics (never individual subscriber payment data)
• Quality scores for their followers (anonymized)

4.2 With Service Providers

• Payment processors: Stripe
• Cloud hosting: Hetzner
• Analytics: Google Analytics (anonymized)
• Email: Brevo

4.3 For Legal Reasons

• To comply with laws, regulations, or legal requests
• To protect our rights, property, and safety
• In connection with a merger, sale, or acquisition

4.4 With Your Consent

• When you explicitly authorize sharing
• For social sharing features you enable

5. Data Retention

We retain your information for as long as your account is active or as needed to provide services. Specific retention periods:

• Account data: until deletion + 30 days
• Content: until deletion or as required by law
• Payment data: 7 years (tax compliance)
• Analytics: 2 years (aggregated)

6. Your Rights and Choices

6.1 Access and Portability

Request a copy of your data by emailing contact@spooniefans.com.

6.2 Correction

Update your profile information through account settings.

6.3 Deletion

You can delete your account, which will remove your profile from public view and delete your content (may take up to 30 days). Payment records are retained for legal compliance.

6.4 Opt-Out

• Marketing emails: via unsubscribe link
• Analytics tracking: via browser settings
• Cookies: via browser settings (may limit Platform functionality)

7. Security Measures

• Encryption: TLS 1.3 in transit; AES-256 at rest
• Access controls: role-based access; two-factor authentication for staff and users
• Monitoring: 24/7 security monitoring and intrusion detection
• Backups: daily encrypted backups retained for 30 days

8. Children's Privacy

SpoonieFans is not intended for users under 18. We do not knowingly collect data from children. If we discover a user under 18, we will delete their account and data.

9. International Users

If you access SpoonieFans from outside the United States, your information will be transferred to and processed in the United States. By using the Platform, you consent to this transfer.

10. California Privacy Rights (CCPA)

California residents have additional rights:

• Right to know what personal information we collect
• Right to delete personal information
• Right to opt out of the sale of personal information (we never sell your data)
• Right to non-discrimination for exercising privacy rights

To exercise these rights, email contact@spooniefans.com with "CCPA Request" in the subject line.

11. GDPR Compliance (EU Users)

If you are in the European Union, you have rights under GDPR:

• Right to access, rectify, or erase your data
• Right to data portability
• Right to object to processing
• Right to withdraw consent

To exercise these rights, contact contact@spooniefans.com.

12. Changes to Privacy Policy

We may update this Privacy Policy periodically. We will notify you of material changes via email or platform notification. Continued use constitutes acceptance of updated terms.

13. Contact Information

• General privacy inquiries: contact@spooniefans.com
• Legal department: legal@spooniefans.com
• Mailing Address: SpoonieFans / Pickii Group, LLC, Bloomingdale, IL