The DMs — Terms of Use
Effective as of September 7, 2026.
Version 2.1
(This version supersedes Version 1.2, effective September 7, 2025.)
PLEASE READ THESE TERMS CAREFULLY.
SECTION 16 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A WAIVER OF YOUR RIGHT TO A JURY TRIAL, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. THESE PROVISIONS AFFECT HOW DISPUTES BETWEEN YOU AND MOBBYN INC. ARE RESOLVED. YOU MAY OPT OUT OF THE RETROACTIVE APPLICATION OF SECTION 16 AS DESCRIBED IN SECTION 16.6.
THE SERVICES ARE OFFERED ONLY TO PERSONS WHO RESIDE IN AND ARE LOCATED WITHIN THE UNITED STATES AND WHO ARE 18 YEARS OF AGE OR OLDER.
Table of Contents
INTRODUCTION AND CHANGES TO THESE TERMS
ACCOUNT ELIGIBILITY, TERRITORIAL AVAILABILITY AND YOUR RESPONSIBILITIES
TYPES OF ACCOUNTS
CONTENT
COPYRIGHT AND DMCA POLICY
PRIVACY
RIGHTS YOU ARE GRANTED BY THE DMS
RIGHTS YOU GRANT THE DMS
DM COIN — INTERNAL ACCOUNTING UNIT
CREATOR REFERRAL PROGRAM
APPLICATION STORE TERMS
ELECTRONIC COMMUNICATIONS AND NOTICES
ACCOUNT TERMINATION
DISCLAIMER
LIMITATION OF LIABILITY
DISPUTE RESOLUTION SECTION
GOVERNING LAW
STATE LAW PROVISIONS
INDEMNITY BY YOU
FORCE MAJEURE
SURVIVAL
ACCEPTANCE OF TERMS
ENTIRE AGREEMENT
1. INTRODUCTION AND CHANGES TO THESE TERMS
By accessing or using The DMs Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions outlined in this Terms of Use Agreement (referred to herein as the “Terms” or the “Agreement”), as well as our Privacy Policy. Accordingly, it is essential that you review both this Agreement and the Privacy Policy carefully before registering for an account or utilizing the Services.
Welcome to The DMs.
These Terms of Use constitute a binding agreement between you and:
Mobbyn INC.
C-Corporation
1111B S Governors Ave STE 34624
Dover, DE 19904
United States
The DMs is a product/service developed, owned, and operated by Mobbyn INC.
For the purposes of these Terms of Service, all references to “The DMs” refer to the product/service provided by Mobbyn INC., and all rights, obligations, and responsibilities described herein relate to your use of The DMs.
The terms “we,” “us,” “Company,” and “The DMs” refer collectively to Mobbyn INC., the company operating The DMs app, a product and service provided by Mobbyn INC. Collectively, you and the Company may be referred to as the “Parties,” and individually as a “Party.” By accessing or using our Services—whether through the website located at the-dms.app (the “Website”), The DMs mobile application (the “App”), or any other platforms or services provided by The DMs (collectively referred to as the “Service” or “Services”)—you confirm that you have read, understood, and agree to be legally bound by this Agreement. These Terms apply to all individuals who access or use the Services, regardless of the manner or platform used.
1.1. Changes to These Terms
The DMs may modify, amend, or update these Terms from time to time. Any changes will be made in accordance with the following procedure:
Notice of material changes. Where a change is material — including any change to the Dispute Resolution Section, to the DM Coin provisions in Section 9, to the Creator Referral Program in Section 10, or to any provision that materially and adversely affects your rights — The DMs will provide you with at least thirty (30) days’ advance notice before the change takes effect. Notice will be given by email to the address associated with your account, by in-app notification, or by both, in accordance with Section 12.
Non-material changes. Changes that are not material — including corrections of typographical errors, clarifications that do not alter the substance of any provision, and updates to contact details — take effect upon publication, and The DMs will update the effective date at the top of this page.
No retroactive effect. Changes apply prospectively only. No change will retroactively alter rights that have already accrued to you, including any entitlement to payment of Creator-Earned DM Coins under Section 9.4 or any Referral Fee that has already accrued under Section 10.6.
Your options. If you do not agree to a change, you must stop using the Services before the change takes effect and may close your account in accordance with Section 13. Your continued access to or use of the Services after the change takes effect constitutes your acceptance of the revised Terms.
Dispute Resolution Section. Where a change is made to Section 16, your rights in relation to that change are set out in Section 16.6.
The most current version of these Terms is always available at the-dms.app and within the App. You are encouraged to review this page periodically.
2. ACCOUNT ELIGIBILITY, TERRITORIAL AVAILABILITY AND YOUR RESPONSIBILITIES
Before registering for an account or using the Services, you must ensure that you meet the eligibility requirements outlined herein. This section also describes the territorial availability of the Services and your responsibilities as a user, including permitted and prohibited conduct, as well as the rights you grant to The DMs.
2.1. Eligibility Criteria
You are not permitted to access or use the Services, or to create an account, unless all of the following conditions are satisfied. By using the Services, you represent and warrant that each of the following statements is true:
The Services are intended solely for users who are 18 years of age or older. If you are under 18, you may not access or use the Services under any circumstances;
You possess the legal capacity and authority to enter into a binding agreement with The DMs;
You are a resident of the United States and are physically located within the United States, as further described in Section 2.2;
You are not included on any government list of individuals prohibited from doing business with the United States (including, without limitation, the U.S. Department of the Treasury’s list of Specially Designated Nationals or any equivalent list maintained by a governmental authority), and you are not located in, ordinarily resident in, or organised under the laws of any country or territory that is the target of comprehensive economic sanctions or trade embargoes administered by the United States;
You are not otherwise prohibited by applicable law from accessing or using the Services;
You have not been convicted of, pled no contest to, or otherwise committed any felony or indictable offense (or any crime of similar gravity), including but not limited to sex crimes or offenses involving violence or threats of violence—except where you have received legal clemency for a non-violent offense and The DMs has determined, at its sole discretion, that you do not pose a risk to other users;
You maintain no more than one active account on the Services; and
You have not previously been suspended or permanently removed from the Services.
Should you, at any time, no longer satisfy the eligibility criteria outlined in these Terms, your authorization to access the Services and any related systems shall be deemed immediately and automatically revoked. In such an event, you must promptly discontinue use of the Services and permanently delete your account. The DMs reserves the right to suspend or terminate your access to the Services at any time, with or without notice, if you are found to be in breach of these requirements.
2.2. Territorial Availability of the Services
The Services are offered exclusively in the United States. The DMs distributes the App, offers accounts, sells DM Coins, and makes payouts only to users who reside in and are located within the United States. The DMs does not offer, market, or make the Services available in any other country or territory.
You acknowledge and agree that:
You may create an account and use the Services only if you reside in the United States and are physically located within the United States at the time of use;
The DMs makes no representation or warranty that the Services, or any part of them, are appropriate, lawful, or available for use in any jurisdiction outside the United States. If you access the Services from outside the United States, you do so on your own initiative, in breach of these Terms, and at your own risk, and you are solely responsible for compliance with all local laws that apply to you;
The DMs may, at its sole discretion and at any time, restrict, suspend, or withdraw the availability of the Services, or of any individual feature of the Services, in any state, territory, or location, including where required by applicable law, regulatory requirement, sanctions regime, application store policy, or the requirements of a payment provider;
The DMs may employ geographic restrictions, IP-based blocking, application store distribution settings, device or account-level restrictions, or other technical measures to enforce this Section 2.2, and you must not circumvent, or attempt to circumvent, any such measure, including through the use of a virtual private network, proxy service, falsified location data, or an application store account registered outside the United States;
Should The DMs elect in the future to make the Services available in any additional country or territory, it will do so only after taking such steps as it considers necessary, and these Terms will be updated accordingly. Nothing in these Terms obliges The DMs to expand availability, and no user acquires any right or expectation that the Services will be made available in any additional location.
Nothing in this Section 2.2 limits, waives, or overrides the requirements set out in Sections 2.1(4) and 2.1(5) concerning sanctions, government lists, and legal prohibitions, all of which continue to apply in full and in all circumstances.
2.3. General Obligations
By using the Services, you further agree to:
Adhere to all provisions of these Terms and periodically review this page to remain informed of any updates or modifications;
Comply with all applicable laws and regulations, including, without limitation, those about privacy, intellectual property, anti-spam measures, and other legal obligations;
Utilize only the most current version of the Website and/or the App;
Take all reasonable precautions to safeguard the confidentiality and security of your login credentials, and notify The DMs promptly of any unauthorized use of your account.
2.4. Prohibited Conduct
You expressly agree not to engage in any of the following actions when accessing or using The DMs Services:
Falsify or misrepresent your identity, age, residence, location, affiliations, or any other personal information;
Use the Services in any manner that damages, disables, overburdens, or impairs the functioning of the Services or prevents other users from fully enjoying the Services;
Interfere with, disrupt, or negatively impact the operation of the platform, servers, or networks related to the Services;
Utilize the Services for any unlawful, harmful, fraudulent, or malicious purpose, including but not limited to using Virtual Items for money laundering or other financial crimes;
Harass, bully, stalk, intimidate, assault, defame, or cause physical or psychological harm to any individual;
Post, upload, or share any Prohibited Content as defined in these Terms;
Solicit or attempt to collect passwords, personal identifying information, or other confidential data from other users for commercial, unlawful, or unauthorized purposes, or distribute such information without consent;
Access or use another user’s account without permission;
Use the Services to engage in fraudulent schemes, pyramid schemes, chain-referral schemes, endless chain schemes, or similar deceptive practices. For the avoidance of doubt, lawful participation in the Creator Referral Program operated by The DMs in accordance with Section 10 does not constitute a breach of this paragraph;
Violate the terms of the license granted by The DMs;
Disclose any private, confidential, or proprietary information that you do not have the legal right to disclose;
Copy, modify, reproduce, distribute, transmit, create derivative works from, or otherwise exploit any Member Content, Our Content, or intellectual property accessible via the Services without prior written consent from The DMs;
Represent or imply that any statements or content you provide are endorsed or sponsored by The DMs without explicit authorization;
Use any automated system or software (such as robots, crawlers, spiders, or scrapers) to access, retrieve, index, or data mine any portion of the Services or circumvent its navigational structure or presentation;
Upload or introduce viruses, malware, or any other malicious code or harmful components to the Services;
Forge or manipulate headers or other identifiers to disguise the origin of any content transmitted through the Services;
Frame, mirror, or otherwise replicate any part of the Services without The DMs’s prior written approval;
Use meta tags, hidden text, or code containing references to The DMs or its trademarks to direct users to third-party websites without authorization;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any part of the Services, or assist others in doing so;
Develop, use, or deploy any third-party applications or automated systems, including artificial intelligence or machine learning tools, that interact with the Services or Member Content without prior written permission;
Access or publish any The DMs application programming interface (“API”) without written authorization;
Probe, scan, or test the vulnerability of the Services, any systems, or networks;
Encourage, promote, facilitate, or participate in any activity that violates these Terms;
Create a new account after suspension or termination by The DMs without express prior consent;
Submit false, misleading, or unfounded reports regarding other users’ conduct or content, or misuse The DMs reporting and appeals systems;
Circumvent or attempt to circumvent any territorial, technical, or account-level restriction applied by The DMs, including as described in Section 2.2.
The license granted to you under these Terms, along with any authorization to access or use the Services, shall be immediately and automatically revoked upon your engagement in any of the prohibited activities described above.
2.5. Prohibited Content
The DMs strictly prohibits the uploading, posting, or sharing of any content that:
Could reasonably be construed as offensive, harassing, abusive, or causing psychological distress to others;
Is obscene, pornographic, violent, or contains nudity;
Is abusive, threatening, discriminatory, or promotes or encourages racism, sexism, hatred, or bigotry;
Encourages or facilitates any illegal activity, including, but not limited to, terrorism, incitement of racial hatred, or any conduct that itself constitutes a criminal offense;
Encourages or facilitates any activity that may result in harm to yourself or others, including, without limitation, promotion of self-harm, eating disorders, dangerous challenges, or violent extremism;
Is defamatory, libelous, or factually untrue;
Pertains to commercial activities such as sales, contests, promotions, advertising, solicitation for services, sex work, “sugar daddy” or “sugar baby” relationships, or contains links to external websites or premium-rate telephone numbers. For the avoidance of doubt, sharing a Referral Code issued by The DMs in accordance with Section 10 does not constitute a breach of this paragraph, provided that such sharing complies with Sections 10.10 and 10.14;
Involves or facilitates the transmission of unsolicited spam;
Contains any spyware, adware, viruses, corrupted files, worms, Trojan horses, or other malicious software or code intended to disrupt, damage, or limit the functionality of software, hardware, telecommunications networks, servers, or other equipment, or to unlawfully intercept, expropriate, or interfere with any data or personal information of The DMs or third parties;
Infringes on any third party’s rights, including but not limited to intellectual property or privacy rights;
Was not authored by you unless expressly authorized by The DMs;
Includes the image, likeness, or personal information of another person without their consent, or in the case of minors, without consent of a parent or guardian;
Includes images or likenesses of minors who are unaccompanied by a parent or guardian, are not fully clothed, or depict or imply minors engaged in sexual activity;
Is inconsistent with the intended use of the Services; or
May damage or harm the reputation of The DMs, including but not limited to content defamatory toward The DMs.
Any upload or sharing of such Prohibited Content may result in the immediate suspension or termination of your account.
3. TYPES OF ACCOUNTS
3.1. Types of Accounts
The DMs platform provides the following types of accounts, each with different access levels, functionalities, and responsibilities: Fan accounts (Section 3.2), Creator accounts (Section 3.3), and Administrator and Moderator accounts (Section 3.5). By registering an account, the user agrees to the terms and conditions associated with the applicable account type. The DMs reserves the right to verify, modify, restrict, or deactivate any account that violates these Terms of Use.
Every user of the Services is initially registered as a Fan. Creator status is not granted automatically and may be obtained only in accordance with Section 3.3.
3.2. Fan Account (“Fan”)
The Fan account is intended for users who wish to access the platform as consumers of content and/or supporters of Creators. All new accounts are Fan accounts by default.
Fan account holders are granted the following privileges:
Browsing public Creator profiles and other publicly available user profiles;
Sending and receiving multimedia messages (including text, voice, images, and video) to/from Creators, subject to Creator pricing;
Sending tips to Creators;
Purchasing DM Coin through the mobile application using Apple In-App Purchase, subject to the App Store's terms and account requirements, as set out in Section 9.2;
Publishing a public profile consisting of one profile picture and a profile description (“bio”), in accordance with Section 3.4;
Applying for Creator status in accordance with Section 3.3;
Using additional features made available to Fans in the app.
Fan account limitations include:
No eligibility to earn DM Coins. Fan accounts are not eligible to earn, accrue, receive, or be credited with DM Coins or any other form of remuneration in consideration for responding to messages, for receiving tips, or otherwise, as further set out in Section 9.3.1;
No eligibility for withdrawals or payouts of any kind;
No access to content publishing tools, other than the public profile picture and bio described in Section 3.4;
No ability to advertise, promote, or conduct commercial activity on the platform, or to promote goods or services of any kind. For the avoidance of doubt, this restriction does not prohibit a Fan from applying for Creator status, and does not prohibit a Creator from sharing a Referral Code in accordance with Section 10.
Fans must comply with all community standards and are prohibited from violating public decency or engaging in unsolicited or inappropriate contact with Creators.
3.3. Creator Account (“Creator”)
The Creator account is designated for users who have been approved and activated by The DMs and who intend to provide interactive responses and receive remuneration, measured in DM Coin, for engaging with Fans.
Creator account holders are granted the following privileges:
Receiving and responding to multimedia messages (text, voice, images, video) from Fans;
Earning DM Coins in consideration for responding to messages from Fans, in accordance with Section 9;
Sending and receiving multimedia messages to and from other Creators. Such messages are provided free of charge: no DM Coins are charged to either Creator, and no DM Coins, tips, or other remuneration accrue to either Creator in respect of them, as further set out in Section 9.3.2;
Receiving tips (non-refundable voluntary contributions) from Fans;
Accessing interaction history and performance statistics;
Requesting withdrawals of accumulated DM Coin in USD, in accordance with the payout policy set out in Section 9.4;
Managing their Creator profile;
Publishing public-facing content such as profile descriptions and profile pictures, in accordance with Section 3.4;
Participating in the Creator Referral Program in accordance with Section 10;
Being eligible for inclusion in featured, recommended, or promotional placements within the Services, at the sole editorial discretion of The DMs. The DMs curates the content and profiles it features, and no Creator has any right, claim, or expectation of appearing in any featured placement, of any particular level of visibility, discoverability, or promotion, or of any resulting level of Fan engagement or earnings. The DMs may change, reorder, or withdraw any placement at any time, and does so on the basis of editorial and product criteria that it determines.
Creator account obligations and restrictions:
No solicitation of, or engagement with, Fans outside The DMs mechanisms;
Completion of Stripe onboarding, including submission of the identity and tax information required for payouts, in accordance with Sections 9.4.2 and 9.7.4;
Maintaining ethical, authentic, and secure communication with Fans;
Compliance with the public profile content standards set out in Section 3.4.
3.3.1. Activation of a Creator Account
Every user of the Services is initially registered as a Fan. To obtain Creator status, a user must:
Successfully complete The DMs’s account verification process, which is currently conducted through Instagram or through any other platform designated by The DMs from time to time. The verification process is intended to confirm the user’s identity and the authenticity of the account, and may require the user to submit a verification code, to confirm control of a third-party account, or to provide such other information as The DMs may reasonably request; and
Be approved and activated as a Creator by The DMs.
No minimum audience, follower count, subscriber count, or engagement metric is required or applied as a condition of eligibility under these Terms.
The DMs decides, at its own sole and absolute discretion, whether to approve any user as a Creator. Completion of the verification process does not entitle a user to Creator status and does not guarantee approval. The DMs may approve or reject any application, in whole or in part, on any lawful ground or on a case-by-case basis, and is under no obligation to provide reasons for a rejection, save where applicable law requires otherwise. No user has any right, claim, or legitimate expectation to be granted Creator status.
The DMs reserves the right to update the criteria and the process applicable to Creator accounts at any time. Creator status may be denied, suspended, or revoked at any time if the user fails to meet the applicable criteria, ceases to satisfy the eligibility requirements in Section 2.1, or violates these Terms of Use.
Creator status takes effect only from the date on which The DMs activates that status. A user acquires no entitlement to DM Coins, payouts, or Referral Fees in respect of any period preceding activation.
3.4. Public Profile Content (All Users)
All users of the Services, whether Fans or Creators, may publish a public profile consisting of:
one (1) profile picture; and
a profile description or biography (“bio”).
You acknowledge and agree that:
Visibility. Your profile picture and bio are public information. They may be visible to other users of the Services, including users with whom you have never interacted, and — depending on the functionality of the Services, including any profile-sharing, linking, preview, or discovery features — may also be visible to persons who are not registered users of the Services, may be displayed outside the App or the Website, and may be indexed, cached, copied, or retained by third parties beyond the control of The DMs. You should not publish any information in your profile picture or bio that you would not wish to be publicly available.
Rights and warranties. You represent and warrant that you own, or have obtained all necessary rights, licences, consents, and permissions in respect of, all content that you publish as your profile picture or bio, including any third-party intellectual property, and including the consent of any identifiable individual depicted. You must not publish a profile picture depicting a person other than yourself without that person’s consent, and you must not publish a profile picture depicting a minor.
Sensitive information. You should not include in your profile picture or bio any information revealing your health status, precise location, government identifiers, financial or payment information, home address, or telephone number, or any other information that you would not wish to disclose publicly. Where you nonetheless choose to publish such information, you do so voluntarily and at your own risk.
Content standards. Public profile content, whether published by a Fan or a Creator, must not:
contain sexual, erotic, or suggestive material, or imply the provision of sexual services;
depict or promote physical, psychological, or emotional violence;
contain hate speech, discrimination, racism, xenophobia, homophobia, or other intolerant content;
include pornography, nudity, NSFW material, or visuals inappropriate for minors;
promote or imply participation in illegal activity, including drug use, smuggling, financial fraud, or animal cruelty;
infringe copyright or third-party rights (for example, unauthorised photographs, logos, or third-party materials);
contain advertising, external links, premium-rate numbers, or solicitations to transact outside the Services, save that a Creator may include a Referral Code issued under Section 10;
impersonate another person or entity, or falsely suggest an affiliation or endorsement; or
otherwise breach Section 2.5.
Moderation. The DMs reserves the right, but assumes no obligation, to review, moderate, restrict, blur, remove, or replace any profile picture or bio that violates these rules or that otherwise jeopardises user safety or platform integrity, and to suspend or terminate the associated account.
Removal and control. You may edit or remove your profile picture and bio at any time through the Services. Removal will cease further public display through the Services, but The DMs cannot recall or delete copies made or retained by third parties before removal, and copies may be retained by The DMs in accordance with the Privacy Policy.
Processing of the personal information contained in your public profile is described in the Privacy Policy.
3.5. Administrator and Moderator Accounts
To ensure proper platform functioning, regulatory compliance, and fraud prevention, The DMs may utilize administrator and moderator accounts with elevated technical permissions.
Key characteristics of such accounts include:
Ability to manage user content, accounts, and platform mechanisms;
Used for testing features, reviewing user reports, monitoring activity, and enforcing rules;
Authorized to take actions such as content removal, account suspension, or transaction cancellation;
Not used for general user communication or customer support;
Not eligible to earn, receive, or accrue DM Coins, tips, or Referral Fees.
Administrator and Moderator accounts operate in compliance with applicable privacy regulations, including the California Consumer Privacy Act (CCPA) and other applicable United States state privacy laws, and only access user data to the extent necessary to fulfil their administrative, moderation, support, or enforcement roles.
Customer support is provided by The DMs personnel through the in-app support tools and through the contact channels identified in these Terms. Support communications do not constitute a separate category of user account, and The DMs personnel do not participate in DM Coin transactions, tip transactions, Referral Fees, or any monetised or Creator-like interactions with users.
3.6. Restriction on Multiple Accounts
Users are not permitted to maintain more than one account, or more than one account of the same type, without prior written consent from The DMs. Violation of this policy may result in:
Suspension or permanent ban of duplicated accounts;
Loss of access to features associated with those accounts;
Forfeiture of accumulated DM Coin balances, if applicable;
Forfeiture of any accrued Referral Fees, in accordance with Section 10.10.
3.7. Account Confidentiality and Personal Use
Each account is intended for use by a single, identified individual. Account sharing, delegation, or transfer to third parties is strictly prohibited. Disclosing login credentials or allowing another person to use your account constitutes a serious breach of these Terms and may result in temporary suspension or permanent account termination.
4. CONTENT
This section outlines the rules, rights, and responsibilities related to all forms of content within The DMs, including user-generated content, Creator publications, public profiles, interactions via direct messages, and all materials made accessible through the platform.
4.1. Definitions
For the purposes of these Terms of Use, “Content” includes, without limitation:
All text, voice messages, images, audio, video, and other materials posted, uploaded, sent, or shared on or through the Services;
Content displayed in public profiles of any user, whether a Fan or a Creator, including profile pictures and profile descriptions (bios), as described in Section 3.4;
Content included in private or direct messages exchanged between users;
Any content generated or submitted with the assistance of our Services.
Content is categorized as follows:
Your Content — Content submitted by you (as a Fan or Creator) through the platform.
Member Content — Content provided by other users, whether Fans or Creators.
Our Content — Platform-owned or licensed content, including interface designs, code, trademarks, and promotional assets.
4.2. Your Content
You are solely responsible for Your Content. This includes any content you upload, submit, send, or otherwise provide through the Services, such as in your public profile picture or bio, your Creator description, or your direct interactions with other users.
Your Content may include, but is not limited to, text, voice recordings, images, and video files. All such content is subject to these Terms of Use, regardless of its format or delivery method.
Do not post, send, or share any content that you would not want others to see, that violates these Terms, or that could expose you or The DMs to legal liability. You represent and warrant that you own or have the necessary rights, licenses, and permissions to share Your Content.
By submitting Your Content, you grant The DMs a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content solely in connection with the operation, promotion, and improvement of the Services.
You acknowledge and agree that:
Your Content may be visible to other users depending on your settings and the functionality of the Service, and content published in your public profile is visible publicly as described in Section 3.4;
Any personal information you include in Your Content is shared at your own risk;
The DMs reserves the right, but not the obligation, to monitor, review, remove, edit, restrict, or delete Your Content at any time and for any reason, at its sole discretion.
Prohibited Content includes, but is not limited to:
Sexual, pornographic, or sexually suggestive material;
Violence, threats, or depictions of harm to people or animals;
Hate speech or discriminatory content based on race, gender, religion, nationality, disability, or sexual orientation;
Illegal activity, including but not limited to drugs, fraud, weapons, or exploitation;
Any third-party copyrighted material without authorization;
Personal or sensitive information relating to any other person, such as their full name, address, phone number, email address, banking details, or government identifiers, where shared without that person’s consent;
Your own banking details, payment card information, or government identifiers, or links to external payment or transaction services.
You agree to indemnify, defend, release, and hold harmless The DMs from any claims, liabilities, damages, or losses related to Your Content.
4.3. Member Content
While you may access content shared by other users, you acknowledge that such Member Content remains the property of its original author and is made available solely through our Services.
You may not:
Copy, download, redistribute, or publish Member Content outside the platform;
Use Member Content for commercial, advertising, or unauthorized promotional purposes;
Harass, stalk, exploit, or otherwise misuse content shared by other members;
Store or share Member Content in ways that breach privacy or applicable laws.
Unauthorized use of Member Content may result in suspension or termination of your account.
4.4. Our Content
All content provided by The DMs—excluding Your Content and Member Content—is either owned by or licensed to us and protected by applicable copyright, trademark, and intellectual property laws.
This includes (but is not limited to):
Platform design, branding, visual elements, and interface;
Code, software, and back-end systems;
Logos, graphics, icons, and text;
Official promotional material.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Our Content solely for lawful and intended use of the Services. Any other use, including modification, copying, resale, or redistribution, is strictly prohibited without our prior written consent.
4.5. Prohibited Content and Conduct
The DMs enforces a zero-tolerance policy regarding prohibited content and abusive behavior. The following are expressly prohibited:
Uploading or sharing offensive, explicit, fraudulent, or illegal content;
Attempting to exploit, impersonate, or deceive other users;
Soliciting external payments or directing users outside the platform;
Using the platform to coordinate or promote prohibited commercial activities;
Content generated using artificial intelligence for the purpose of impersonation, deception, or manipulation (e.g., deepfakes);
Content making unsubstantiated health claims, or promoting unsafe medical advice or supplements;
Abuse or manipulation of the Creator Referral Program, as further described in Section 10.10.
We encourage users to report violations through the in-app reporting tools or by contacting our support team. You may also block users to prevent further contact. The DMs reserves the right to take any enforcement action, including content removal, warnings, account suspension, or permanent bans, without prior notice, subject to Section 4.7.
4.6. Disclaimer and Risk Acknowledgment
While we strive to maintain a safe environment, The DMs is not liable for content posted by users. By using the platform, you acknowledge:
Content may be visible to other users, and public profile content is visible publicly as described in Section 3.4;
We do not guarantee the accuracy, authenticity, or legality of any user-submitted content;
You use and engage with content and other users at your own risk.
The DMs is a provider of an interactive computer service and does not, by monitoring, screening, or removing content, assume the role of publisher or speaker of any Member Content, and nothing in these Terms creates any obligation to monitor Content.
4.7. Reporting, Blocking and Review of Moderation Decisions
The DMs provides in-app tools for blocking and reporting users who violate these Terms. You may block users to prevent them from contacting you further. You may also report inappropriate or abusive behavior, prohibited content, or suspected violations.
All reports are reviewed by our moderation team, and appropriate actions may be taken, including content removal, warnings, temporary suspensions, or permanent account bans.
As a matter of internal policy, where we remove content that you have provided, restrict its visibility, suspend or terminate your account, or restrict your ability to earn or receive payouts, we will ordinarily inform you of that decision and of the principal reasons for it, except where doing so would prejudice the prevention or detection of crime or fraud, compromise an ongoing investigation, or breach a legal obligation. You may contest such a decision by contacting us at hello@the-dms.app within six (6) months of being notified, and we will review your submission and inform you of the outcome. This Section describes a voluntary internal process and does not create any contractual right, cause of action, or entitlement to any particular outcome.
5. COPYRIGHT AND DMCA POLICY
The DMs respects the intellectual property rights of others and expects users of the Services to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”).
5.1. Notification of Claimed Infringement
If you are a copyright owner, or authorized to act on behalf of one, and you believe that material available through the Services infringes your copyright, you may submit a written notification to our Designated Agent (identified in Section 5.4). To be effective, your notification must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (for example, the username, profile, or message in which it appears);
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note: under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees. If you are unsure whether the material infringes your copyright, you should consult an attorney before submitting a notification.
Upon receipt of a valid notification, The DMs will act expeditiously to remove or disable access to the material claimed to be infringing, and will take reasonable steps to notify the user who provided the material that it has been removed or disabled.
5.2. Counter-Notification
If you believe that material you provided was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification to our Designated Agent containing substantially the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which The DMs may be found), and that you will accept service of process from the person who provided the original notification or an agent of that person.
Upon receipt of a valid counter-notification, The DMs will provide a copy to the person who submitted the original notification and will inform that person that the removed material may be restored in not less than ten (10) and not more than fourteen (14) business days, unless The DMs first receives notice that an action has been filed seeking a court order to restrain the allegedly infringing activity.
5.3. Repeat Infringer Policy
The DMs maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright or other intellectual property rights. The DMs may also, at its sole discretion, limit access to the Services, remove content, or terminate accounts of any user who infringes the intellectual property rights of others, whether or not there is any repeat infringement.
5.4. Designated Agent
Notifications and counter-notifications under this Section 5 should be directed to:
DMCA Designated Agent
Mobbyn INC.
1111B S Governors Ave STE 34624
Dover, DE 19904
United States
Phone: +1 (302) 608-0690
Email: hello@the-dms.app (subject line: “DMCA Notice”)
Notifications and counter-notifications that do not substantially comply with the requirements set out above may not receive a response.
5.5. Other Intellectual Property Claims
If you believe that material available through the Services infringes a trademark, right of publicity, or other intellectual property right, you may contact us at hello@the-dms.app with a description of the claim, identification of the material and its location, information sufficient to contact you, and a statement of the basis of your claim.
6. PRIVACY
We take your privacy seriously and are committed to protecting your personal information. When you use The DMs, certain personal information may be collected, stored, and processed — including but not limited to account details, public profile information, communication history, verification data, referral data, device identifiers, and usage data.
For full details on what data we collect, how it’s used, your rights, and how you can exercise control over your information, please refer to our Privacy Policy.
By accessing or using the Services, you acknowledge and agree that your personal information may be processed in accordance with the Privacy Policy, including for purposes such as account management, verification of Creator applications, operation of the Creator Referral Program, fraud prevention, user support, and improving the platform.
7. RIGHTS YOU ARE GRANTED BY THE DMS
License to Use the Services
Subject to your ongoing compliance with these Terms, The DMs grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, and revocable license to access and use the Services solely for their intended purpose and in accordance with these Terms and all applicable laws.
This license does not grant you any ownership rights in the Services.
The license — along with any related authorization to access or use the platform — will be automatically revoked if you violate any part of this Agreement.
8. RIGHTS YOU GRANT THE DMS
Ownership of Content and License Granted to The DMs
You retain full ownership of all content that you submit, upload, or otherwise make available through the Services (“Your Content”).
However, by creating an account and using the Services, you grant The DMs a worldwide, perpetual, transferable, sub-licensable, royalty-free, and non-exclusive license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into derivative works, promote, distribute, and otherwise make Your Content available as needed for the operation, development, and promotion of the Services.
This license is non-exclusive with respect to Your Content, except that The DMs shall have an exclusive license to any derivative works created by or through the use of the Services.
You further acknowledge and agree that The DMs may access, preserve, and disclose your account information and Your Content when required to do so by law, or when such action is reasonably necessary to:
comply with legal obligations or regulatory processes;
enforce these Terms;
respond to claims of content infringing third-party rights;
respond to your support requests;
protect the rights, property, or personal safety of The DMs, its users, or the public; or
investigate and address fraud, abuse, security threats, or other violations of law or these Terms.
9. DM COIN — INTERNAL ACCOUNTING UNIT
9.1. Definition and Nature of DM Coin
DM Coin (also appearing as: DMC, DMc, DM Coins) is a digital accounting unit used exclusively within The DMs Services. DM Coin is not a fiat currency, a cryptocurrency, a security, a financial instrument, a stored-value or prepaid access product, or any form of legal tender, and it is not issued by, or redeemable against, any bank or financial institution. DM Coins cannot be traded, transferred, or used outside the Services except through the mechanisms expressly provided in these Terms.
For the avoidance of doubt and to ensure the internal consistency of these Terms, DM Coins are subject to two distinct legal regimes depending on how they are held:
9.1.1. Fan-Held DM Coins
DM Coins purchased or held by a Fan represent a limited, revocable, non-transferable licence to access certain features of the Services, as described in Section 9.13. Fan-Held DM Coins have no monetary value outside the Services, are not redeemable for cash, are non-refundable except as required by applicable law or by the applicable application store’s policies, and confer no proprietary or monetary claim against The DMs.
9.1.2. Creator-Earned DM Coins
DM Coins irrevocably credited to an approved and activated Creator under Section 9.3 do not represent a currency or a store of value. They constitute an accounting unit by which The DMs measures the remuneration contractually owed by The DMs to that Creator in consideration for the messaging services performed by the Creator for Fans. Accordingly, a Creator-Earned DM Coin gives rise to a contractual claim against The DMs for payment of the corresponding amount in United States Dollars, subject to and in accordance with Sections 9.4, 9.6, 9.7, and 9.10. That claim is a claim for payment of a service fee; it is not a proprietary claim to the DM Coin itself, and it does not make DM Coin a currency or a financial instrument.
Nothing in these Terms shall be construed as conferring upon any Fan a monetary claim in respect of DM Coins, nor as extinguishing an approved and activated Creator’s contractual entitlement to payment in respect of Creator-Earned DM Coins that have accrued and become payable in accordance with these Terms.
9.2. Purchase of DM Coin
DM Coins may be purchased exclusively through the mobile application, using Apple In-App Purchase. No other method of purchasing DM Coins is offered, authorised, or supported by The DMs. The DMs does not sell DM Coins through the Website or through any external payment processor, and any offer purporting to sell DM Coins through any other channel is unauthorised.
Payment processing is handled entirely and securely by Apple. The DMs does not access, collect, process, or store your payment card details or other financial account information. The DMs receives only the information necessary to credit purchased DM Coins to your account, such as your app account identifier and the transaction record.
You must have an active account in the mobile application in order to purchase DM Coins. DM Coins are credited to the account from which the purchase was made, immediately following confirmation of the transaction by the applicable application store.
All purchases of DM Coins are subject to the terms, conditions, and policies of the applicable application store, including its account, billing, parental control, and refund policies, in addition to these Terms. Where the application store’s terms conflict with these Terms in relation to the processing of a purchase or a refund, the application store’s terms govern that transaction.
Users must ensure that all purchases of DM Coins are made using accurate and up-to-date account information.
9.3. Use of DM Coin
DM Coins may be used solely for accessing certain features within the Services, primarily for sending messages to Creators. When a Fan sends a message to a Creator, the specified number of DM Coins is pre-authorized and held. If the Creator responds within 24 hours, the DM Coins are irrevocably transferred to the Creator and become Creator-Earned DM Coins within the meaning of Section 9.1.2. If no response is received within that time, the DM Coins are returned to the Fan’s account.
Fans may also voluntarily tip Creators using DM Coins. Tips are non-refundable and do not obligate the Creator to render any service.
9.3.1. Exclusivity of Earning Rights
Only users who have been approved and activated as Creators by The DMs are eligible to earn, receive, accrue, or be credited with DM Coins in consideration for responding to messages from Fans, or to receive tips.
Fan accounts, Administrator accounts, and Moderator accounts are not eligible to earn, accrue, receive, or withdraw DM Coins, tips, or any other form of remuneration through the Services, under any circumstances.
No user shall earn or accrue any entitlement in respect of any period preceding the date on which The DMs activated that user’s Creator status. Any DM Coins, balances, or amounts recorded to a user who is not an approved and activated Creator, or recorded in respect of a period preceding activation, are recorded in error, confer no entitlement whatsoever, and may be reversed, corrected, or cancelled by The DMs at any time without compensation.
The functionality of earning DM Coins by responding to messages from Fans is a feature of the Creator account only. Any statement, marketing material, help article, or third-party description suggesting otherwise does not form part of these Terms and does not vary them.
9.3.2. Creator-to-Creator Messaging
The DMs makes available messaging between Creator accounts. Such messaging is provided free of charge and lies entirely outside the DM Coin mechanism.
For the avoidance of doubt, in respect of any message sent or received between two Creator accounts:
no DM Coins are charged to, debited from, pre-authorized against, or held from either Creator;
no DM Coins, tips, or other remuneration of any kind accrue, are credited, or become payable to either Creator, and no entitlement to any payout arises for either Creator;
no Creator-Earned DM Coins are created within the meaning of Section 9.1.2, and no contractual claim for payment arises against The DMs; and
neither Creator may solicit, request, accept, or receive any payment, consideration, or other benefit from the other, whether within or outside the Services, in exchange for sending or responding to such messages.
Remuneration for responding to messages arises only where a Fan sends a message to an approved and activated Creator and DM Coins are transferred in accordance with Section 9.3. No other message exchange on the Services gives rise to any monetary entitlement.
Messaging between Fan accounts is not offered. The DMs may introduce, restrict, suspend, or withdraw messaging between users of the same account type at any time, and may impose limits on it, including limits intended to prevent spam, harassment, or circumvention of the DM Coin mechanism. All messaging, whether paid or free, remains subject to Sections 2.4, 2.5, 4, and 4.7.
9.4. Withdrawal of DM Coins by Creators
9.4.1. Exchange to USD
Only approved and activated Creators may request a payout. Creators may request conversion of accumulated Creator-Earned DM Coins into U.S. Dollars (USD). The exchange rate is fixed at 1 DM Coin = $1 USD. Payouts are subject to identity, sanctions, anti-money-laundering, and tax verification as required by applicable law and The DMs’ internal policies.
For the avoidance of doubt, Fan-Held DM Coins, including any unused DM Coins purchased by a Fan, are not eligible for conversion or payout, and a Fan account may not request a payout of any kind.
9.4.2. Payout Procedures
Payouts are processed through Stripe, Inc. ("Stripe"), our third-party payment provider. In order to receive any payout, a Creator must first complete onboarding with Stripe through the link provided in the App. During that process the Creator creates an account directly with Stripe, accepts Stripe's own terms of service, and provides Stripe with the identity, bank account, and tax information that Stripe requires. That account relationship is between the Creator and Stripe, and The DMs is not a party to it. The DMs receives from Stripe only confirmation of the Creator's onboarding status and of the outcome of each payout instruction.
A Creator initiates a payout request within the App, and The DMs submits the corresponding instruction to Stripe. Payment is then made by Stripe to the United States bank account the Creator has designated with Stripe. Processing times may vary depending on Stripe, the Creator's banking institution, and applicable banking systems. Any transaction or account fees charged by Stripe or by the Creator's bank are determined by those providers and are borne by the Creator; The DMs is not responsible for such fees.
Withdrawals of Creator-Earned DM Coins are only processed for balances of $20 USD or more. Payouts are subject to the identity, sanctions, anti-money-laundering, and tax verification required by applicable law, by The DMs' internal policies, and by Stripe. The DMs cannot make a payout to a Creator who has not completed Stripe onboarding, or whose Stripe account is restricted, suspended, or closed, and The DMs is not liable for any delay or failure of payment attributable to Stripe or to the Creator's failure to complete or maintain that onboarding. Where a payout cannot be completed for any such reason, the relevant balance remains accrued to the Creator, subject to the remainder of this Section 9.
This Section 9.4.2 applies to the payment of Referral Fees under Section 10 as it applies to the payout of Creator-Earned DM Coins, subject to Section 10.9.
9.5. DM Coin Pricing and Valuation
9.5.1. Coin Packages and Pricing
DM Coins are sold in predefined packages, the composition and pricing of
which are displayed within the App at the point of purchase, through
Apple In-App Purchase. DM Coin pricing and packages are determined solely
by The DMs, subject to the pricing tiers and requirements of the Apple
App Store.
9.5.2. Price Changes
The DMs reserves the right to change DM Coin pricing at any time. Price changes become effective upon publication and are not retroactive, and do not affect DM Coins already purchased.
9.5.3. Creator Account Valuation
Creator-Earned DM Coins are displayed in Creator dashboards as converted USD balances for informational and operational purposes. Displayed balances are indicative, are subject to verification, correction, reversal, chargeback adjustment, applicable withholding, and the conditions set out in this Section 9, and do not constitute a confirmation that any particular amount is payable.
9.6. Validity and Expiration of DM Coins
9.6.1. Validity Period
DM Coins remain valid as long as the user’s account is active.
9.6.2. Refund Policy
DM Coins purchased by Fans are non-refundable except as required by applicable law or as provided under the refund policies of the applicable application store. This Section does not affect an approved and activated Creator’s entitlement under Section 9.4.
9.6.3. Account Termination
Upon account termination (voluntary or otherwise), all remaining Fan-Held DM Coins are permanently forfeited, unless otherwise required by law. Before you complete the account deletion process, The DMs will, where reasonably practicable, notify you that any unused DM Coins in your account will be lost and cannot be restored, so that you may use them or reconsider before proceeding.
The treatment of Creator-Earned DM Coins and of accrued Referral Fees on termination is set out in Sections 9.10.3 and 10.11 respectively.
9.6.4. Inactivity Clause
The DMs may restrict or deactivate DM Coins in accounts inactive for 12 months or more, with at least 30 days’ prior notice sent to the email address associated with the account. This is separate from, and without prejudice to, the closure of inactive accounts described in the Privacy Policy.
9.6.5. Acknowledgment of Nature
Users acknowledge that DM Coins are loyalty and accounting tokens, and are not legal tender, securities, stored-value products, or financial instruments, as further described in Section 9.1.
9.7. Taxes and Financial Reporting
9.7.1. Sales Tax on Purchases
DM Coins sold to Fans are classified as digital goods and may be subject to state or local sales tax. All purchases of DM Coins are made through Apple In-App Purchase. Where Apple acts as the marketplace facilitator or seller of record for a transaction, that store is responsible for the calculation, collection, and remittance of any applicable sales tax, which is displayed to the user at the point of purchase in accordance with that store’s practices.
9.7.2. User Responsibility
Users are responsible for any local tax obligations that are not collected at the point of sale by the applicable application store.
9.7.3. Creator Income Reporting
Amounts paid in respect of Creator-Earned DM Coins, and any Referral Fees paid under Section 10, may constitute taxable income of the recipient. Creators are engaged as independent contractors and not as employees of The DMs.
Where applicable thresholds are met, The DMs will issue an IRS Form 1099-NEC (or such other form as applicable law requires) to the Creator. Tax information collection, form preparation, filing, and delivery are administered on The DMs' behalf through Stripe, and the form is made available to the Creator electronically through Stripe Express or by postal mail, in accordance with the delivery preference the Creator selects with Stripe. Amounts paid in respect of Creator-Earned DM Coins and amounts paid as Referral Fees to the same person may be aggregated for the purposes of determining whether a reporting threshold has been met.
The DMs does not provide tax advice. Creators should consult their own adviser as to the treatment of amounts received.
9.7.4. Tax Information Requirement
Before any payout can be made, a Creator must provide the tax information and documentation required in the course of Stripe onboarding, including a completed IRS Form W-9 and a valid taxpayer identification number. That information is collected and held by Stripe, not by The DMs, and The DMs does not receive the Creator's full taxpayer identification number.
It is the Creator's sole responsibility to ensure that the information provided to Stripe is accurate, complete, and kept up to date. Failure to do so may result in payouts being delayed, withheld, or rejected, or in the application of backup withholding at the rate prescribed by law. Creators are solely responsible for the declaration and payment of all federal, state, and local taxes arising in respect of amounts received.
9.8. Claims and Complaints
9.8.1. Filing Complaints
Complaints must be submitted via email at hello@the-dms.app. Complaints relating to the processing of a purchase, to billing, or to a refund of an in-app purchase must be directed to the applicable application store, as The DMs does not process those transactions.
9.8.2. Resolution Timeline
Complaints will be reviewed within 14 business days unless required otherwise by law.
9.8.3. Documentation Requirement
The DMs may request additional documentation to evaluate the claim. Incomplete or unsubstantiated complaints may be denied.
9.8.4. Discretionary Remedies
If a complaint is validated, The DMs may offer remedies at its sole discretion, including reinstatement of DM Coins or account access.
9.9. Limitations and Prohibited Uses
DM Coins may not be:
Transferred to other users except through app-approved mechanisms;
Exchanged for external currencies outside official withdrawal methods;
Purchased, sold, or acquired outside the Apple In-App Purchase channel described in Section 9.2;
Used for speculation, investment, or any unauthorized financial activity;
Generated, accrued, or credited through artificial, automated, collusive, or otherwise manipulative means, including for the purpose of generating Referral Fees under Section 10.
9.10. Account Suspension and Termination
9.10.1. Right to Restrict Access
The DMs may suspend or permanently terminate user accounts for violations of these Terms of Service, Community Guidelines, or applicable law.
9.10.2. Grounds for Suspension/Termination
Including but not limited to:
Violation of platform terms;
Unlawful content;
Attempted fraud or chargebacks;
Abuse of DM Coins;
Abuse or manipulation of the Creator Referral Program;
Inaccurate or missing identity/tax information;
Residing or being located outside the United States;
Suspicion of illegal or money-laundering activity.
9.10.3. Consequences of Termination
Where The DMs terminates an account for breach of these Terms, for fraud, or for unlawful conduct, all remaining DM Coins are forfeited, unless otherwise required by law.
Where a Creator voluntarily closes their account, Creator-Earned DM Coins that have accrued and are eligible for payout may be paid out in accordance with Section 9.4, provided the Creator requests payout before completing the closure. The DMs will, where reasonably practicable, remind the Creator of this before completing the closure. Any balance not so requested is forfeited on closure, unless otherwise required by law.
9.10.4. Reinstatement Requests
Users may request reinstatement via email with supporting documentation. The DMs is not obligated to restore access, DM Coin balances, or Referral Fees.
9.11. Refunds and Chargebacks
9.11.1. Refunds Handled by the Application Store
All DM Coin purchases are made through Apple In-App Purchase and are subject to Apple’s refund policy. The DMs does not process, authorize, or decide refunds for in-app purchases. Requests for a refund must be submitted directly to the applicable application store. Users understand that Fan-Held DM Coins have no monetary value outside the platform.
9.11.2. Unauthorized Reversals
Initiating a chargeback or unauthorized payment reversal may result in account suspension or termination.
9.11.3. Reversal Outcomes
Where a purchase is refunded or reversed, The DMs may debit the corresponding DM Coins from the user’s balance, and, if the balance is insufficient, may suspend the account until the position is resolved. If a chargeback or refund dispute is resolved in The DMs’ favor, users must contact support for potential account reactivation. The DMs reserves the right not to reinstate any voided DM Coins or access.
9.11.4. Effect on Creator Balances and Referral Fees
Where a DM Coin purchase is refunded, charged back, or otherwise reversed, The DMs may reverse or adjust any corresponding Creator-Earned DM Coins and any Referral Fee accrued in respect of those DM Coins under Section 10, and may set off the relevant amount against any current or future balance or payment owed to the affected Creator or Referrer.
9.12. Modifications to DM Coin System
9.12.1. Right to Modify
The DMs reserves the right to manage, modify, or discontinue any aspect of the DM Coin system at its sole discretion, subject to the notice requirements in Section 1.1. Where practical, users will be notified in advance of significant changes.
9.12.2. No Liability
The DMs is not liable for any impact such modifications may have on the usability or perceived value of DM Coins. This Section does not affect amounts that have already accrued and become payable to a Creator in accordance with Section 9.4 or Section 10.
9.13. License Nature of Fan-Held DM Coins
9.13.1. Limited License Grant
Users are granted a limited, revocable, non-transferable license to use DM Coins within The DMs functionalities only.
9.13.2. No Ownership Rights in Fan-Held DM Coins
DM Coins are not property of the user. All rights, title, and interest in and to the DM Coin system, and in and to Fan-Held DM Coins, remain with The DMs, and a Fan holds no monetary or proprietary claim in respect of Fan-Held DM Coins.
This Section 9.13.2 applies to Fan-Held DM Coins only. It does not apply to, limit, or extinguish an approved and activated Creator’s contractual entitlement to payment of remuneration measured by reference to Creator-Earned DM Coins, as set out in Sections 9.1.2 and 9.4, or a Referrer’s entitlement to a Referral Fee accrued under Section 10. In the event of any inconsistency between this Section 9.13.2 and Sections 9.1.2, 9.4, or 10, those Sections prevail.
9.13.3. Revocation and Expiration
This license may be suspended or terminated in accordance with these Terms, especially in cases of misuse or account closure.
10. CREATOR REFERRAL PROGRAM
10.1. Definitions
For the purposes of this Section 10, the following definitions apply:
"Referral Program" means the creator referral programme operated by The DMs and described in this Section 10.
"Referral Code" means the unique alphanumeric code issued by The DMs to a Creator for the purposes of the Referral Program.
"Referrer" means an approved and activated Creator to whom a Referral Code has been issued by The DMs.
"Referred User" means a user of the Services who validly submits another Creator's Referral Code during the Creator verification and application process described in Section 3.3.1, and whose submission has been accepted and recorded by The DMs.
"Referred Creator" means a Referred User whom The DMs has subsequently approved and activated as a Creator.
"Qualifying DM Coin" means a DM Coin that is irrevocably credited to a Referred Creator under Section 9.3 during that Referred Creator's Earning Window, in consideration for that Referred Creator responding to a message from a Fan or receiving a tip, and that has not been reversed, cancelled, refunded, charged back, or otherwise adjusted.
"Referral Fee" means the amount payable by The DMs to a Referrer under Section 10.6 in respect of Qualifying DM Coins.
"Enrolment Period" means the period beginning at 00:00:00 UTC on 1 September 2026 and ending at 23:59:59 UTC on 1 September 2027 (inclusive), during which a Referral Code may be submitted under Section 10.4.
"Earning Window" means, in respect of each Referred Creator, the period of three hundred and sixty-five (365) consecutive calendar days beginning on the date on which The DMs activates that person as a Creator under Section 3.3.1. Each Referred Creator has a single Earning Window, and the Earning Window of one Referred Creator is independent of that of any other.
"Accrual Quarter" means each successive period of three calendar months beginning on 1 September 2026, with the first Accrual Quarter running from 1 September 2026 to 30 November 2026 (inclusive).
"Settlement Date" means each date on which The DMs makes payment of Referral Fees in accordance with Section 10.9.
"Final Settlement" means the Settlement Date determined under Section 10.9(2).
10.2. Nature and Eligibility
The Referral Program is a promotional and business-development arrangement operated by The DMs. Participation is voluntary and is offered only to approved and activated Creators. Fans, Administrator accounts, and Moderator accounts are not eligible to act as Referrers and may not earn Referral Fees.
Participation is free. No payment, purchase, subscription, or other consideration of any kind is required in order to receive a Referral Code, to participate in the Referral Program, or to earn a Referral Fee.
Participation in the Referral Program does not alter a Creator’s account status, does not create any partnership, joint venture, employment, agency, or fiduciary relationship between the Creator and The DMs, and does not entitle the Creator to any right in respect of the Services other than the right to be paid a Referral Fee that has validly accrued and become payable in accordance with this Section 10.
The Referral Program is a single-tier programme. A Referrer earns Referral Fees only in respect of Qualifying DM Coins earned by Creators whom that Referrer has personally and directly referred. A Referrer earns nothing in respect of persons referred by a Referred Creator, or at any further level of referral. The Referral Program does not provide any reward for recruitment as such, for the number of persons introduced, or for any payment, purchase, or subscription made by a Referred User or Referred Creator. A Referral Fee arises only where a Referred Creator has performed services for which real Fans have paid.
10.3. Referral Codes
The DMs issues each Creator a unique Referral Code. Referral Codes:
remain the property of The DMs and are licensed to the Creator for use in accordance with this Section 10 only;
are personal to the Creator and may not be sold, auctioned, leased, transferred, assigned, or shared for consideration;
may not be published on coupon, discount, cashback, incentive, or code-aggregation websites or services, or distributed through paid search advertising bidding on The DMs's brand terms, without the prior written consent of The DMs;
may be shared by the Creator in ordinary personal communications, including individually written text messages, direct messages, and email sent to persons known to the Creator who would reasonably expect to hear from them;
may not be distributed by any automated or bulk means, including any automatic telephone dialling system, mass or broadcast text messaging service, SMS marketing platform, prerecorded or artificial voice message, or automated calling system, and may not be sent by text message or telephone call to any person who has not requested or consented to receiving it, or who has asked the Creator to stop;
may be suspended, cancelled, or reissued by The DMs at any time.
10.4. Establishing a Referral Link
A user may submit a Referral Code during the Creator verification and application process described in Section 3.3.1. A referral link between a Referrer and a Referred User is established only if and when The DMs accepts and records that submission in its systems. The records of The DMs shall be determinative of whether a referral link exists, of the identity of the Referrer, and of the date on which the link was established, save in the case of manifest error.
A Referral Code may be submitted only once per user, only during the verification and application process, and only before The DMs makes its decision on that user's application. A Referral Code cannot be added, changed, or applied retroactively after a user has been approved and activated as a Creator. Each Referred User may be linked to one Referrer only.
Referral links validly established and recorded by The DMs before the effective date of these Terms remain valid for the purposes of this Section 10, provided that the relevant Referral Code was submitted within the Enrolment Period.
A Referral Code submitted within the Enrolment Period remains capable of giving rise to a Referral Fee even where The DMs makes its decision on the relevant application after the end of the Enrolment Period, provided that The DMs activates that person as a Creator no later than ninety (90) days after the end of the Enrolment Period. Where activation occurs after that date, no Referral Fee arises in respect of that person. A Referral Code submitted after the end of the Enrolment Period gives rise to no Referral Fee under any circumstances.
10.5. No Guarantee of Creator Approval; Condition of Entitlement
Submission of a Referral Code does not entitle any user to be approved as a Creator and does not oblige The DMs to approve that user. The DMs retains full and absolute discretion to approve or reject any application for Creator status in accordance with Section 3.3.1, and the presence of a Referral Code shall not be taken into account as a factor in favour of approval.
No Referral Fee accrues, and no Referrer acquires any right, claim, or expectation of payment, unless and until The DMs has approved and activated the relevant Referred User as a Creator. If a Referred User is not approved, or withdraws, or is approved and subsequently has that approval revoked before earning any Qualifying DM Coin, the Referrer is entitled to nothing in respect of that person.
10.6. Referral Fee: Rate, Accrual and Character
Subject to this Section 10, The DMs shall pay the Referrer USD 0.10 (ten United States cents) for each one (1) Qualifying DM Coin earned by a Referred Creator.
By way of illustration only: if a Referred Creator earns ten (10) Qualifying DM Coins, the Referrer accrues a Referral Fee of USD 1.00.
Accrual. The right to a Referral Fee accrues on a coin-by-coin basis, at the moment at which a Qualifying DM Coin is irrevocably credited to the Referred Creator's balance in accordance with Section 9.3, provided that at that moment: (i) the referral link was validly established and recorded under Section 10.4; (ii) the Referred Creator had been approved and activated as a Creator under Section 3.3.1; (iii) the DM Coin was earned within that Referred Creator's Earning Window; (iv) the Referrer's account was active and not suspended or terminated; and (v) no circumstance described in Section 10.10 applies.
Maturity. A Referral Fee that has accrued becomes due and payable on the applicable Settlement Date determined in accordance with Section 10.9. Accrual does not, of itself, create an immediately enforceable payment obligation.
Character of the Referral Fee. The Referral Fee:
is payable by The DMs out of its own funds, as a business-development fee owed by The DMs to the Referrer;
is not a DM Coin, is not credited to any DM Coin balance, is not subject to the 1 DM Coin = 1 USD conversion in Section 9.4.1, and does not form part of any Creator's DM Coin balance;
does not reduce, dilute, or in any way affect the DM Coins earned by, or the amounts payable to, the Referred Creator, who receives their full entitlement under Section 9 irrespective of the Referral Program;
is not funded by, and does not constitute a share of, any Fan's purchase; and
accrues without interest and is payable in United States Dollars.
10.7. Number of Referrals
There is no predetermined limit on the number of users a Referrer may refer during the Enrolment Period, and no predetermined cap on the aggregate amount of Referral Fees that a Referrer may accrue.
The DMs reserves the right to introduce a limit on the number of referrals or on the aggregate Referral Fee payable to any Referrer, where it considers this necessary to address fraud, abuse, manipulation of the Referral Program, or a legitimate operational or financial concern. Any such limit operates prospectively only, from the date on which notice of it is given in accordance with Section 1.1, and does not affect Referral Fees that have already validly accrued under Section 10.6.
This Section 10.7 is subject in all respects to Section 10.2 (single-tier), Section 10.10 (abuse and fraud), and Section 10.13 (modification of the Program).
10.8. Enrolment Period and Earning Windows
The Referral Program operates on the basis of two distinct periods.
Enrolment Period. A Referral Code may be submitted under Section 10.4 only during the Enrolment Period, being the period from 00:00:00 UTC on 1 September 2026 to 23:59:59 UTC on 1 September 2027 (inclusive). The Enrolment Period is fixed and expires automatically. No Referral Code may be submitted after it ends, and no new referral link can be established thereafter, subject only to the ninety (90) day activation allowance in Section 10.4.
Earning Window. A Referral Fee accrues in respect of a Referred Creator only for Qualifying DM Coins earned by that Referred Creator within that Referred Creator's Earning Window, being the period of three hundred and sixty-five (365) consecutive calendar days beginning on the date of that person's activation as a Creator. Each Referred Creator has their own Earning Window, which runs independently of the Enrolment Period and independently of the Earning Window of any other Referred Creator.
Accordingly, an Earning Window may continue after the end of the Enrolment Period. By way of illustration only: where a Referred Creator is activated on 30 August 2027, that person's Earning Window runs until approximately 29 August 2028, and the Referrer continues to accrue Referral Fees throughout that period even though no new Referral Code may be submitted after 1 September 2027.
Operation of the Earning Window. For the avoidance of doubt:
An Earning Window runs by reference to calendar days and is not suspended, paused, or extended by any suspension of the Referred Creator's account, by any period of inactivity, or by any other circumstance;
Where a Referred Creator's Creator status is revoked or lost and is subsequently restored, the original Earning Window continues to run from the date of that person's first activation and no new Earning Window commences. No Referral Fee accrues in respect of any period during which that person did not hold Creator status;
DM Coins earned by a Referred Creator before the start or after the end of that person's Earning Window are not Qualifying DM Coins and give rise to no Referral Fee.
The expiry of the Enrolment Period or of any Earning Window does not extinguish Referral Fees that validly accrued before that expiry; such Referral Fees remain payable in accordance with Sections 10.9 to 10.12.
10.9. Payment of Referral Fees
The DMs calculates, verifies, and pays accrued Referral Fees automatically on a quarterly basis. No application, claim, or request by the Referrer is required.
Payment is made in accordance with the following:
Quarterly settlement. Referral Fees accrued during an Accrual Quarter are paid on the Settlement Date falling after the end of the following Accrual Quarter. The DMs will make payment within thirty (30) days of that Settlement Date. By way of illustration only: Referral Fees accrued between 1 September and 30 November 2026 are paid following the end of the Accrual Quarter ending 28 February 2027. This one-quarter interval allows refunds, chargebacks, and reversals affecting the underlying transactions to be identified before payment is made;
Final Settlement. The Settlement Date next following the close of the last Earning Window capable of generating a Qualifying DM Coin is the Final Settlement. At the Final Settlement, The DMs pays all remaining accrued Referral Fees, including any amount carried forward under paragraph 4 below, regardless of amount, and the Referral Program is thereby concluded;
Conditions of payment. Payment is conditional upon the Referrer having provided valid and current payout details and the tax documentation required under Section 9.7.4, and upon the Referrer having completed any identity, sanctions, and anti-money-laundering verification applicable under Section 9.4.2. The DMs will contact the Referrer at the email address associated with the account to request any missing information. Where the Referrer does not supply the required information, the amount remains accrued to the Referrer, is carried forward to the next Settlement Date, and, if still unpaid at the Final Settlement, is dealt with in accordance with applicable law, including any applicable unclaimed property legislation;
Minimum payment amount. Where the total Referral Fee payable to a Referrer at a Settlement Date is less than twenty United States Dollars (USD 20), that amount is not forfeited but is carried forward and added to the amount payable at the next Settlement Date, and so on until the threshold is met or until the Final Settlement, whichever occurs first;
Method. Payment is made in United States Dollars by standard bank transfer to the United States bank account designated by the Referrer, in accordance with the payout procedures set out in Section 9.4.2. Transaction fees charged by external providers are borne by the Referrer;
Deductions and set-off. The DMs may deduct or withhold any amount that it is required to deduct or withhold under applicable tax law, and may set off any Referral Fee against any amount owed by the Referrer to The DMs, including amounts arising under Section 9.11.4 or Section 10.12;
Extension for investigation. Where an investigation under Section 10.10 or an adjustment under Section 10.12 is pending in respect of a Referrer, The DMs may withhold payment of the affected amount beyond the applicable Settlement Date until the matter is resolved, and will inform the Referrer that it has done so;
No interest. No interest is payable on any Referral Fee, whether before or after it becomes due, save to the extent that the payment of interest cannot be excluded under applicable law;
Discretionary early payment. The DMs may, at its sole discretion but without any obligation to do so, make payments of accrued Referral Fees in advance of any Settlement Date;
Not an in-app purchase. Referral Fees are paid by Mobbyn INC. directly to the Referrer and do not constitute an in-app purchase, a digital good, or content delivered through the Apple App Store. Referral Fees are not processed through, and are not the responsibility of, Apple or any application store.
A Referrer may view their accrued Referral Fee balance through the Services where The DMs makes such a function available. Any figure so displayed is indicative only and is subject to verification, adjustment, and the conditions set out in this Section 10.
10.10. Fraud, Abuse and Prohibited Referral Conduct
The Referral Program is intended to reward genuine introductions of genuine Creators. The following conduct is strictly prohibited and constitutes a material breach of these Terms:
Self-referral — submitting or arranging the submission of your own Referral Code, whether directly or through an account controlled, operated, or beneficially owned by you;
Multiple accounts — creating, controlling, or procuring the creation of more than one account, or of accounts using false, borrowed, stolen, synthetic, or otherwise inauthentic identities, for the purpose of obtaining Referral Fees;
Collusive or artificial earning — arranging, coordinating, funding, or participating in the sending of messages or tips for the principal purpose of generating DM Coins that give rise to Referral Fees, including circular arrangements between a Referrer and a Referred Creator or their associates;
Automation — using bots, scripts, emulators, click farms, or any automated or artificial means to generate accounts, submissions, messages, tips, or DM Coins;
Code manipulation — attempting to apply a Referral Code more than once, to apply a code retroactively, to alter a recorded referral link, or to interfere with the attribution logic of the Services;
Misrepresentation and earnings claims — promoting a Referral Code by means of false, misleading, deceptive, or unsubstantiated statements, including any statement, guarantee, or projection as to the earnings, income, or financial results that a person may achieve through the Services or the Referral Program, or any statement about the likelihood of being approved as a Creator, or about any endorsement or affiliation with The DMs;
Spam and unauthorised marketing — distributing a Referral Code through unsolicited communications, spam, malware, misleading advertising, or trademark-infringing domains or handles, or in breach of applicable marketing, advertising, or anti-spam law;
Prohibited channels — distributing a Referral Code in breach of Section 10.3, including by automated, bulk, or unsolicited text message or telephone call;
Any other conduct intended to obtain a Referral Fee otherwise than through a genuine, arm’s-length introduction, or otherwise to circumvent the letter or spirit of this Section 10.
Where The DMs determines, acting reasonably and on the basis of the information available to it, that any of the above has occurred or is reasonably suspected to have occurred, The DMs may, in addition to any other remedy available to it:
suspend the processing and payment of any Referral Fee pending investigation;
cancel, reduce, or refuse to pay any accrued Referral Fee, in whole or in part;
invalidate the affected referral links and Referral Codes;
exclude the Referrer from the Referral Program permanently;
suspend or terminate the Referrer’s account in accordance with Sections 9.10 and 13;
reclaim any Referral Fee already paid, in accordance with Section 10.12; and
report the matter to the competent authorities.
The DMs expressly reserves the right to withhold, reduce, or refuse payment of any amount obtained or claimed as a result of fraud, abuse, manipulation, or breach of these Terms. The DMs will notify the Referrer of any such decision and of the principal reasons for it, and the Referrer may contest the decision in accordance with Section 4.7 or Section 9.8.
10.11. Effect of Account Suspension or Termination
Suspension of the Referrer's account. Where a Referrer's account is suspended, the accrual, verification, and payment of Referral Fees is suspended for the duration of the suspension. If the suspension is lifted without a finding of breach, accrual and payment resume, and Referral Fees that accrued before the suspension remain payable.
Termination by The DMs for breach. Where The DMs terminates a Referrer's account for breach of these Terms, for fraud, or for unlawful conduct, all accrued but unpaid Referral Fees are forfeited, and no further Referral Fees accrue, unless applicable law provides otherwise.
Voluntary closure by the Referrer. Where a Referrer voluntarily deletes or closes their account, Referral Fees that have validly accrued up to the date of closure are not forfeited and remain payable in accordance with Section 10.9, provided that the Referrer supplies The DMs with valid payout and tax information when requested. The Referrer should ensure that The DMs holds a current email address at which the Referrer can be contacted after closure. No further Referral Fees accrue after the date of closure.
Termination or suspension of a Referred Creator's account. Where a Referred Creator's account is suspended or terminated, Qualifying DM Coins validly earned by that Referred Creator before the suspension or termination continue to count towards the Referrer's accrued Referral Fee, except where the suspension or termination arises from fraud, abuse, or conduct described in Section 10.10 in which the Referrer participated, was complicit, or from which the Referrer knowingly benefited, in which case Section 10.10 applies. No Referral Fee accrues in respect of any period during which that person does not hold Creator status. The Referred Creator's Earning Window is not suspended, paused, or extended by any such suspension or termination, as set out in Section 10.8.
Change of the Referrer's account status. A change in a Referrer's account status does not of itself affect the accrual or payment of Referral Fees, provided the Referrer's account remains active and in good standing. Where a Referrer ceases to hold Creator status, no further Referral Fees accrue from the date on which that status ends, but Referral Fees accrued before that date remain payable in accordance with Section 10.9.
10.12. Adjustments, Reversals and Clawback
Referral Fees are calculated by reference to Qualifying DM Coins. Where a DM Coin ceases to qualify — including as a result of a refund, chargeback, payment reversal, correction of an error, reversal of a fraudulent transaction, or a determination under Section 10.10 — the corresponding Referral Fee is reduced or cancelled accordingly.
Where a Referral Fee has already been paid and subsequently ceases to be payable under this Section 10.12 or Section 10.10, The DMs may set off the relevant amount against any current or future amount payable to the Referrer (whether under Section 9.4 or under this Section 10) and, where set-off is not possible, may require the Referrer to repay that amount within thirty (30) days of a written demand. This right of recovery survives termination of the Referrer's account, the expiry of the Enrolment Period, the close of any Earning Window, and the Final Settlement.
10.13. Modification, Suspension and Termination of the Referral Program
The DMs may modify, suspend, or terminate the Referral Program, in whole or in part, or amend the terms of this Section 10, at any time:
where required to do so by applicable law, regulation, court order, or the requirements of a regulator, application store, or payment provider;
where necessary to prevent or address fraud, abuse, security incidents, or material misuse of the Referral Program;
where the Referral Program is discontinued for legitimate business reasons, including its natural conclusion upon the expiry of the Enrolment Period and the close of the last Earning Window; or
to reflect a change in the Services or in the manner in which they are provided.
Except where an immediate change is required by law or is necessary to address fraud, abuse, or a security incident, The DMs will give Referrers at least thirty (30) days' prior notice, in accordance with Section 1.1, of any modification, suspension, or termination that materially and adversely affects them.
Any modification, suspension, or termination of the Referral Program operates prospectively only and does not affect Referral Fees that have already validly accrued under Section 10.6 before it takes effect. Such accrued Referral Fees remain payable in accordance with Sections 10.9 to 10.12.
10.14. Independent Status and Disclosure Obligations
A Referrer participates in the Referral Program as an independent party. Nothing in this Section 10 creates an employment, agency, partnership, franchise, or joint venture relationship, and a Referrer has no authority to make any representation, warranty, or commitment on behalf of The DMs.
Where a Referrer promotes, publishes, or otherwise communicates their Referral Code, the Referrer must:
clearly and conspicuously disclose that they receive, or may receive, compensation from The DMs in connection with the referral, in a manner that complies with the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and with all other applicable advertising, marketing, and consumer protection law;
not make any earnings claim, guarantee, or projection in relation to The DMs, as set out in Section 10.10 (Misrepresentation and earnings claims);
comply with the terms, policies, and community guidelines of any third-party platform on which the Referral Code is shared; and
comply with all applicable anti-spam and telemarketing law, including the CAN-SPAM Act and the Telephone Consumer Protection Act, and with the restrictions on automated, bulk, and unsolicited distribution in Section 10.3.
The Referrer is solely responsible for compliance with this Section 10.14 and indemnifies The DMs in respect of any breach, in accordance with Section 19.
10.15. Taxes
Referral Fees constitute income of the Referrer and are separate from, and additional to, any amounts payable to the Referrer under Section 9.4. Section 9.7 applies to Referral Fees as it applies to Creator payouts. The Referrer is solely responsible for determining, declaring, and paying all federal, state, and local taxes arising in respect of any Referral Fee received, and for providing The DMs with all documentation required under Section 9.7.4.
10.16. Records and Determinations
The records maintained by The DMs are determinative of all matters relating to the Referral Program, including referral attribution, the number of Qualifying DM Coins, and the amount of any Referral Fee, save in the case of manifest error. A Referrer who disputes a determination may raise a complaint in accordance with Section 9.8.
11. APPLICATION STORE TERMS
The App is made available through the Apple App Store. The following provisions apply in addition to the remainder of these Terms, and, in the event of a conflict between this Section 11 and any other provision of these Terms in relation to the matters addressed here, this Section 11 prevails.
11.1. Provisions Applicable to the Apple App Store
Where you obtain the App from the Apple App Store, you acknowledge and agree that:
These Terms are concluded between you and Mobbyn INC. only, and not with Apple Inc. (“Apple”). Mobbyn INC., and not Apple, is solely responsible for the App and its content.
The licence granted to you in Section 7 in respect of the App is a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where applicable.
Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) paid for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Mobbyn INC.
Mobbyn INC., and not Apple, is responsible for addressing any claims relating to the App or your possession and use of it, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Mobbyn INC., and not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties, consistent with Section 2.1.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Questions, complaints, or claims relating to the App should be directed to Mobbyn INC. at hello@the-dms.app. Requests for a refund of an in-app purchase must be directed to Apple in accordance with Section 9.11.1.
11.2. No Endorsement
Apple does not endorse, sponsor, or otherwise associate itself with The DMs, and no statement in these Terms or in the Services should be construed to the contrary.
12. ELECTRONIC COMMUNICATIONS AND NOTICES
12.1. Consent to Electronic Communications
By creating an account and using the Services, you consent to receive communications from The DMs electronically, including by email to the address associated with your account, by in-app notification, and by push notification where you have enabled it. You agree that all agreements, notices, disclosures, and other communications that The DMs provides to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and comparable state law.
12.2. Notices to You
Notices given by The DMs under these Terms — including notice of changes under Section 1.1, notice of inactivity under Section 9.6.4, notice of a moderation decision under Section 4.7, and notice of any decision under Section 10.10 — will be given by email to the address associated with your account, by in-app notification, or by both, and are deemed received on the day they are sent.
You are responsible for keeping the email address associated with your account current and for ensuring that communications from The DMs are not filtered or blocked. The DMs is not responsible for any consequence of your failure to receive a notice sent to the address on file.
12.3. Notices to Us
Notices to The DMs must be sent to hello@the-dms.app or, where these Terms so require, to the postal address set out in Section 1. Notices under Section 16 must additionally comply with the requirements of that Section.
12.4. Withdrawal of Consent
You may withdraw your consent to receive marketing communications at any time by using the unsubscribe mechanism in those communications or by adjusting your notification settings. You may not withdraw your consent to receive service, transactional, legal, and account-related communications electronically while you maintain an account, as those communications are necessary to the operation of the Services. If you wish to stop receiving them, you must close your account.
13. ACCOUNT TERMINATION
Account Termination and Its Consequences
You may choose to discontinue use of the Services at any time by logging into the application, navigating to the “Settings” section, selecting “Delete Account,” and completing the deletion process as instructed.
Mobbyn INC., operating The DMs, reserves the right to investigate any suspected breach of these Terms or misuse of the Services, and may, at its sole discretion, suspend or permanently terminate your account—without issuing any refund—if it determines that you have violated these Terms, engaged in misuse of the Services, or acted in a manner deemed inappropriate or unlawful, whether within or outside the scope of the Services.
We retain the right to enforce these Terms through any lawful, technical, or other means available, including restricting your access to the Services, at any time, without liability and without prior notice.
If your account is terminated—either by your action or by Mobbyn INC., operating The DMs—these Terms shall survive and continue to govern the relationship between you and Mobbyn INC., operating The DMs, to the extent set out in Section 21. You will not be entitled to any reimbursement or refund for any purchases made before termination; refunds of in-app purchases are handled solely by the applicable application store in accordance with Section 9.11.1. The consequences of termination for DM Coin balances are set out in Sections 9.6.3 and 9.10.3, and for Referral Fees in Section 10.11. Any data or personal information associated with your account will be retained and disposed of in accordance with our Privacy Policy.
14. DISCLAIMER
The DMs Services Are Provided Without Warranties and on an “As Is” Basis.
The DMs makes the Services available to you on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, The DMs disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.
The DMs does not guarantee that:
the Services will operate without interruption, be secure, or be free from errors;
any defects or issues in the Services will be identified or corrected; or
any content or information accessed through the Services will be accurate, complete, up to date, or suitable for your intended use.
Furthermore, The DMs makes no assurances regarding the number of users active on the platform at any given time, nor the willingness or ability of users to interact. The DMs makes no representation, guarantee, or projection as to the level of earnings, DM Coins, or Referral Fees that any Creator may achieve. Individual results vary, and many Creators earn little or nothing.
You acknowledge and agree that The DMs bears no responsibility for any content you or other users transmit, receive, or act upon through the Services. Additionally, The DMs does not verify or warrant the identity, intent, legitimacy, or accuracy of any users with whom you may engage. Verification of a Creator account under Section 3.3.1 confirms only that the applicable verification process was completed to The DMs’s satisfaction, and is not a warranty of any user’s identity, character, conduct, or suitability.
Any content or materials downloaded or otherwise obtained through your use of the Services are accessed at your own discretion and risk. The DMs shall not be held liable for any damage to your devices, software, or technology, including, without limitation, damages resulting from security breaches, viruses, bugs, tampering, hacking, fraud, operational failures, interruptions, transmission errors, or other technical malfunctions or disturbances.
15. LIMITATION OF LIABILITY
To the maximum extent permitted under applicable law, Mobbyn INC., operating The DMs, including its employees, licensors, and service providers, shall not be liable for any indirect, incidental, consequential, exemplary, punitive, special, fixed, or enhanced damages. This includes, without limitation, any loss of profits (whether direct or indirect), data, usage, goodwill, or other intangible losses arising out of or relating to:
your access to, use of, or inability to access or use the Services;
the conduct or content of other users or third parties on, through, or in connection with the Services or affiliated platforms; or
any unauthorized access to, use of, or alteration of your content, regardless of whether Mobbyn INC., operating The DMs, was advised of the possibility of such damages.
Except where prohibited by law, the total cumulative liability of Mobbyn INC., operating The DMs, to you for any and all claims arising out of or relating to the use of the Services shall not exceed the greater of:
one hundred U.S. dollars (USD $100); or
the total amount you have paid to Mobbyn INC., operating The DMs, for use of the Services in the twenty-four (24) months immediately preceding the initiation of a legal proceeding—whether through litigation, arbitration, or any other dispute resolution forum—regardless of the legal theory (contract, tort, statute, equity, or otherwise) on which such claim is based.
These limitations shall apply irrespective of the nature of the alleged breach or failure of essential purpose of any limited remedy provided herein.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. This Section 15 is subject to Section 18.
16. DISPUTE RESOLUTION SECTION
This Section 16 is subject to Section 18.
16.1. Informal Resolution Process
If you are dissatisfied with our Services or have a legal concern, you agree to first contact us to attempt to resolve the issue informally.
You may reach us at:
Mobbyn INC. C-Corporation
1111B S Governors Ave STE 34624
Dover, DE 19904
United States.
Before initiating formal legal action, both parties agree to attempt to resolve any disagreement through good faith negotiations. This informal resolution period lasts 60 days from the date a written notice is received by the other party.
A valid notice (“Notice”) must include:
Your full legal name and username;
A detailed description of the dispute and the relief sought;
An estimate of any claimed damages;
Your personal signature.
Mobbyn INC., operating The DMs, will send its Notice to your email address associated with your account. If either party fails to comply with this informal resolution requirement before filing arbitration or a small claims court case, it will constitute a breach of these Terms, and any arbitration filing may be administratively closed.
Tolling of deadlines: Any deadlines under the statute of limitations or arbitration rules are paused during this informal resolution process.
16.2. Individual Arbitration & Waiver of Class Actions and Jury Trial
To the fullest extent permitted by applicable law, you and Mobbyn INC., operating The DMs, agree:
To resolve disputes only on an individual basis;
To waive any right to jury trial or participation in a class action, mass action, or collective proceeding.
This means you may not join your claim with others, and arbitrations or lawsuits must be conducted solely between you and Mobbyn INC.
An arbitrator may award the same remedies as a court, including injunctive or declaratory relief, but only in favor of the individual party. Any relief will apply only to your individual claim and not to others.
If a court rules that a waiver of class or representative claims is unenforceable, that specific claim must be heard in court, not arbitration. All other claims will proceed in arbitration.
16.3. Arbitration or Small Claims Court
If the dispute is not resolved through informal means, it will be resolved either through:
Binding, individual arbitration, or
Small claims court, if your claim qualifies under the rules of that court.
Arbitration shall be administered by National Arbitration and Mediation (NAM) under its applicable rules, subject to the modifications in this Agreement. If NAM is unavailable, both parties will select a substitute arbitration provider. If you proceed in small claims court before an arbitrator is appointed, the arbitration process will be paused or closed.
Arbitration decisions are final and binding for the parties involved but have no precedential effect on other users or disputes.
If arbitration becomes unenforceable for any reason, legal proceedings must be brought exclusively in state or federal courts located in Delaware, and you consent to that jurisdiction.
16.4. Arbitration Procedure
To start arbitration, you must submit a Demand for Arbitration to NAM and send a copy to:
Mobbyn INC., C-Corporation
1111B S Governors Ave STE 34624
Dover, DE 19904
United States
Arbitration will be conducted by a single neutral arbitrator. If requested, the hearing will occur near your place of residence, or virtually if agreed.
Each party may:
Serve up to 5 discovery requests and 5 interrogatories;
File dispositive motions under NAM rules;
Request a hearing or resolve the matter through written submissions.
The arbitrator will:
Issue a reasoned decision within 30 days of the hearing;
Award attorney fees or costs only as permitted under law or if claims are frivolous.
Confidentiality: All arbitration proceedings, filings, and communications are confidential, except as required for enforcement.
16.5. Mass Arbitration Protocol
If 25 or more similar arbitration claims are filed by or through coordinated legal counsel, these may be subject to NAM’s Mass Filing Rules. A bellwether process will be followed, beginning with 30 selected cases and proceeding in rounds if unresolved claims remain.
Both parties commit to engaging in good faith mediation after each round and to cooperating with NAM to ensure an efficient process. Filing fees for claims in the mass arbitration group are only due when a claim is selected to proceed.
Deadlines are paused (tolled) from the start of the informal dispute process until the claim is selected for individual adjudication.
16.6. Changes to Dispute Resolution Terms
This Dispute Resolution section applies to all disputes, including those that arose before your acceptance of this version of the Terms. You may opt out of the retroactive application of this section by emailing us within 30 days of accepting these Terms:
Your opt-out email must include:
Your full name and username;
A clear statement that you are opting out of the retroactive application of the Dispute Resolution section.
Note: Opting out affects only disputes that existed before you accepted these Terms. All future disputes remain subject to these rules.
Where The DMs makes a future material change to this Section 16, it will give you at least thirty (30) days’ notice in accordance with Section 1.1, and the change will not apply to any dispute of which The DMs had actual notice before the change took effect.
17. GOVERNING LAW
This Agreement and any dispute arising between you and Mobbyn INC., the company operating The DMs, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. The United States Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions set forth in these Terms. Where not prohibited by applicable law, you agree that Delaware law will apply to any claim, regardless of your location within the United States.
This Section 17 is subject to Section 18.
18. STATE LAW PROVISIONS
The Services are offered only in the United States, and the law of certain states affords consumers rights that cannot be waived or limited by agreement. Accordingly, and notwithstanding Sections 14, 15, 16, and 17:
Mandatory state law is preserved. Where the law of your state of residence grants you a right or protection that cannot be waived or limited by contract, nothing in these Terms operates to waive or limit it. Each of the exclusions, limitations, waivers, and indemnities in these Terms applies only to the maximum extent permitted by the law applicable to you.
Warranties. Some states do not permit the exclusion of certain implied warranties. Where that is the case, the exclusions in Section 14 apply only to the extent permitted, and any implied warranty that cannot be excluded is limited in duration to the shortest period permitted by that state’s law.
Limitation of liability. Some states do not allow the exclusion or limitation of incidental or consequential damages. Where that is the case, the limitations in Section 15 apply only to the extent permitted, and our liability is limited to the least amount permitted by law.
Small claims and agency complaints. Nothing in Section 16 prevents you from bringing an individual claim in a small claims court of competent jurisdiction, or from reporting a matter to a federal, state, or local agency, which may seek relief on your behalf.
California residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Severability. If any provision of Sections 14 to 17 is held unenforceable as applied to you, that provision shall be enforced to the greatest extent permitted, or severed if it cannot be, and the remaining provisions continue in full force and effect.
In the event of any conflict between this Section 18 and any other provision of these Terms, this Section 18 prevails to the extent of the conflict, but only in relation to a user to whom it applies and only to the extent required by the mandatory law applicable to that user.
19. INDEMNITY BY YOU
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mobbyn INC., operating The DMs, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, demands, complaints, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
your access to or use of the Services;
any content or information you submit, post, or transmit through the Services, including your public profile picture and bio;
your interactions with other users;
your participation in the Creator Referral Program, including any promotion or communication of a Referral Code and any breach of Section 10.10 or Section 10.14; or
your breach of this Agreement or violation of any applicable law or the rights of any third party.
This Section 19 applies only to the extent permitted by the law applicable to you, in accordance with Section 18.
20. FORCE MAJEURE
The DMs shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from a cause beyond its reasonable control, including but not limited to acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour dispute, governmental action, embargo or sanctions, failure or interruption of telecommunications or internet services, failure of a third-party hosting provider, application store, or payment processor, or a widespread cyberattack.
This Section 20 does not excuse The DMs from its obligation to pay amounts that have accrued and become payable to a Creator under Section 9.4 or Section 10.9, but may extend the time for performance of that obligation for the duration of the event.
21. SURVIVAL
Termination of your account or of these Terms, for any reason, does not affect any right, obligation, or liability that accrued before termination. The following provisions survive termination and remain in full force and effect: Section 4.2 (Your Content, including the licence granted), Section 5 (Copyright and DMCA Policy), Section 8 (Rights You Grant The DMs), Sections 9.6.3, 9.7, 9.10.3, 9.11, and 9.13 (DM Coin: forfeiture, taxes, consequences of termination, chargebacks, and licence), Sections 10.9 to 10.12 and 10.15 (Referral Fee payment, clawback, and taxes), Section 11 (Application Store Terms), Section 14 (Disclaimer), Section 15 (Limitation of Liability), Section 16 (Dispute Resolution), Section 17 (Governing Law), Section 18 (State Law Provisions), Section 19 (Indemnity), this Section 21, and Section 23 (Entire Agreement), together with any other provision which by its nature is intended to survive.
22. ACCEPTANCE OF TERMS
By accessing or using The DMs Services on any platform—including but not limited to mobile devices, applications, or desktop computers—you confirm that you have read, understood, and agree to be legally bound by (i) the then-current version of these Terms of Use, and (ii) our Privacy Policy, both of which may be updated from time to time in accordance with Section 1.1. If you do not agree to these Terms in full, you may not access or use the Services.
23. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mobbyn INC., operating The DMs, regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings—whether oral or written—between you and Mobbyn INC., operating The DMs.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Mobbyn INC., operating The DMs, to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Your account with Mobbyn INC., operating The DMs, is personal and non-transferable. Upon your death, your rights and access to the account will terminate unless otherwise required by law. Any rights or licenses granted to you under these Terms may not be transferred or assigned by you, but may be freely assigned or transferred by Mobbyn INC., operating The DMs.
These Terms do not create any partnership, joint venture, agency, fiduciary, or employment relationship between you and Mobbyn INC., operating The DMs, and you may not make any representations or commitments on behalf of Mobbyn INC., operating The DMs.
Headings are for convenience only and do not affect the interpretation of these Terms. The words “including” and “includes” are to be read as “including without limitation.”
© 2026 Mobbyn Inc. All rights reserved.
© 2025 Mobbyn Inc. All rights reserved.