Terms & Conditions
Last Updated: 30 August 2026
These Terms & Conditions (the "Terms") constitute a legal agreement between you ("you," "User," or "Account Holder") and Solutionize Tech, LLC, a Delaware limited liability company ("Finsta," "we," "us," "our," or the "Company"). They govern your access to and use of the Finsta mobile apps, websites, and related services (collectively, the "Platform").
By creating an account, accessing, or using any part of the Platform, you agree to be bound by these Terms and our incorporated policies (collectively, the "Standards"). If you do not agree, do not access or use the Platform.
The incorporated policies are:
- Privacy Policy
- Creator Consent & Media License
- SMS & Messaging Terms
- Prohibited Content & Activity List
- Content Moderation Policy
- Age & Identity Verification Policy
- Complaints & Content Removal Policy
Important: These Terms include provisions that (1) restrict off-platform interactions (see Section 5); (2) restrict the jurisdictions from which you may access the Platform (see Section 2A); (3) describe automated screening of Uploaded Content before publication (see Section 8); (4) describe subscriptions that renew automatically until you cancel (see Section 6.6); (5) set out our complaints and appeals processes, including a seven (7) business-day target for complaints and a 48-hour process for reports of non-consensual intimate imagery (see Section 12); (6) restrict liability, disclaim warranties, and require you to indemnify us (see Sections 18-20); and (7) address dispute resolution and governing law, including an agreement to resolve disputes by individual arbitration and a waiver of class and representative actions, which you may opt out of within 30 days (see Section 24).
1. What Finsta Is
Finsta is a privacy-first, closed-ecosystem social platform that connects verified creators with consumers for premium one-on-one messaging, live one-to-one video and voice sessions, and digital product sales (collectively, "Interactions"). All communications, transactions, and content remain within the Platform. Creators complete identity and age verification before any funds are released to them. Every consumer must be at least 18 and confirms this when accepting these Terms at sign-up.
Finsta provides the technology, not the content. Creators produce and own what they publish; Finsta supplies the platform, the safety and verification systems, and the payment infrastructure that let them offer it and be paid for it.
All Interactions are delivered online, within the Platform. Finsta does not facilitate, arrange or permit in-person meetings, escort services or prostitution, and any promotion, arrangement or solicitation of them is prohibited under the Prohibited Content & Activity List and will result in immediate termination.
Finsta is a platform for adults, and Interactions cover a wide range: consultations and coaching, advice, tuition, conversation, and companionship. An Interaction is private between the two adults taking part, and what they exchange is for them to decide within the limits set by these Terms and applicable law. Age-restricted material may exist only on an Interaction Surface and never on a Public Surface; both terms are defined in Section 8.7.
What is bought and sold on Finsta is digital. The Platform is for digital content and online Interactions only. It is not a marketplace for physical goods: nothing bought on the Platform is shipped, delivered or handed over, and you must not use Finsta to sell, promote or arrange the supply of physical items of any kind.
Key features: paid 1:1 messaging, live 1:1 sessions (video or voice, priced by duration), monetized digital products (images, audio, video, text), pay-to-unlock media with preview protection. Live sessions are strictly one-to-one: each session connects one consumer with one creator. We operate content screening, consent tracking and fraud-prevention systems as described in Section 8 and in our Content Moderation Policy, and apply the standards required by the card networks and our payment partners.
2. Eligibility; Minors Prohibited
The Platform is for adults only. You must be at least 18 years old (and the age of majority in your jurisdiction) to access or use the Platform. We forbid under-18 access. If you believe a minor is using the Platform, report it immediately via admin@solutionize.tech or in-app reporting.
2A. Restricted Jurisdictions
The Platform is not offered or directed to any jurisdiction in which its content or services are unlawful, and you must not access or use the Platform from any such jurisdiction.
By accessing or using the Platform, you represent and warrant that you are not located in, resident in, or accessing the Platform from any jurisdiction in which access to or use of adult content, or of the services described in these Terms, is prohibited or restricted, and that your access to and use of the Platform is lawful where you are.
Using a VPN, proxy, false location data, or any other method to disguise where you are or to circumvent access controls, age verification, or these Terms is a material breach of these Terms and may result in immediate suspension or termination of your account and forfeiture of amounts obtained in breach.
You are responsible for complying with the laws that apply to you. If your access to or use of the Platform is unlawful where you are, do not access or use the Platform.
3. Accounts & Security
- You must register an account to use most features and provide accurate information (valid email and mobile number).
- Keep your credentials confidential. You are responsible for all activity on your account.
- Notify us promptly of any unauthorized use or security incident.
- We may suspend or terminate accounts for actual or suspected violations of these Terms, the Standards, payment-card rules, or applicable law.
4. Identity & Age Verification
We use trusted third-party verification providers and may require government-issued ID and biometric selfie checks:
- Creators: verification is required before any funds are released. A creator must complete identity and age verification before we pay out any earnings.
- Consumers: you must be at least 18 years of age. You confirm this when you accept these Terms at sign-up.
Verification requirements and processes are set out in our Age & Identity Verification Policy. You consent to our processing of verification data as described in our policies.
5. No Off-Platform Interactions
To protect users and comply with safety obligations, off-platform communications or transactions are prohibited. You must not exchange contact details or transact outside the Platform. Any such activity is at your own risk and may result in account action.
Automated systems are used to detect the exchange of contact details, external links, and payment identifiers in Interactions, and to attach metadata to the Interactions concerned. Interactions flagged by those systems may be restricted or removed automatically and may be examined by an internal reviewer, and we may delay, block, or remove the message or attachment and take action under Section 11. No automated system detects every instance, and the absence of a flag is not approval of an off-platform exchange.
5A. Lawful Interactions
You are responsible for your own conduct in an Interaction. Before and during any Interaction, take reasonable steps to satisfy yourself that it is lawful both where you are and where the other person is, and do not take part in one that is not. This applies to everyone on the Platform, creators and consumers alike.
You must never communicate or exchange content with anyone you know or suspect to be under 18. If at any point you have reason to believe that the other person may be under 18, or that an Interaction may involve coercion, trafficking, or someone who cannot freely consent, stop immediately and report it through in-app reporting or to admin@solutionize.tech. Reporting something in good faith is never itself a breach of these Terms, even if we find no violation.
Our screening and safety systems do not relieve you of this responsibility. They are not a substitute for your own judgement, and the absence of a warning is not confirmation that an Interaction is lawful. You remain responsible, and liable, for what you say and send.
6. Payments, Credits & Payouts
6.1 Credits
The Platform may use in-app credits/tokens (the "Credits"). Credits are not redeemable for cash and are non-transferable. Credits are a prepayment held as a balance on your account, and are consumed when you use them to pay for an Interaction, a Digital Product, a subscription, or another Platform feature. Credits do not expire.
6.2 Prices, taxes and refunds
Prices and fees are shown before you complete a purchase and at checkout. Where taxes apply to a purchase, they may be added and shown at checkout based on your location.
Credits do not expire, and you may request a refund of any Credits you have not yet spent at any time, by contacting us using the details in Section 23. We refund unspent Credits to your original payment method where that method is still available to us, and otherwise by another reasonable method. We may decline or delay a refund request where we reasonably suspect fraud, chargeback abuse, or a breach of these Terms, and we will tell you if we do.
Credits that have already been consumed, and completed purchases, are not generally refundable, except where the law requires a refund, where these Terms provide for one, or where we decide to grant one.
6.3 Role of Finsta
Finsta is the merchant of record and the seller of record for every purchase made on the Platform, including paid direct messages, live 1:1 sessions, pay-to-unlock media, Digital Products, and subscriptions. Your contract of sale is with Finsta. Finsta charges your payment method, handles refunds and chargebacks.
Creators are independent suppliers of content and availability to Finsta. They are not our employees or partners, and we do not act as an agent for any creator. Creators set their own prices, subject to the maximum prices permitted by the Platform. Finsta does not request, script, schedule, commission, or direct any Interaction or any item of content, and pays no guarantees, retainers, or advances to any creator.
Finsta retains a platform commission. The commission is charged for providing the Platform and the services described in these Terms — hosting, transmission, identity and age verification, content screening, payment processing, payouts, fraud prevention and support. It is not a share of any creator's intellectual property and gives Finsta no ownership interest in Uploaded Content. If you are a creator, the commission is the rate applicable to your account, which is shown in your creator dashboard and which we will not increase without notice to you.
6.4 Paid messages: creator response window
If you pay to send a message, the amount is held while the creator has the opportunity to respond. If the creator does not respond within 24 hours, the amount is automatically released back to your Finsta balance and is available to spend again. A release to your balance restores your Credits; it is not a refund to your original payment method. Eligible accounts may qualify for a shorter release window. For live sessions, if the creator does not join, no Credits are consumed. You may separately request a refund of unspent Credits at any time, as described in Section 6.2.
6.5 Payment processing
Payments are processed by the payment providers shown at checkout. You authorize charges to your selected payment method for purchases and fees.
We employ fraud-prevention tools (e.g., device fingerprinting, velocity checks). Suspicious activity may lead to holds, reversals, or account action.
6.6 Subscriptions & automatic renewal
Some Platform features are offered as a subscription. Before you buy a subscription, and before you are asked to pay, we will show you clearly and in plain language: what the subscription includes; the price; the billing frequency (for example, monthly); the date of the first charge; that the subscription renews automatically at that price and frequency until you cancel; and, where an introductory, trial, or promotional price applies, the price that will apply once that period ends.
You must give your affirmative consent to those terms before a subscription starts. By completing the purchase you authorise us to charge your selected payment method the subscription price at the stated frequency, on a recurring basis and without further authorisation, until the subscription is cancelled. We will send you confirmation of the subscription and its renewal terms.
You can cancel at any time and you do not have to contact us to do it: open your account settings on the Platform, select the subscription, and choose to cancel. If you bought the subscription through a mobile app store, you may need to cancel it in that store's subscription settings, and we will tell you so at the point of purchase. You may also ask us to cancel for you using the contact details in Section 23.
Cancellation takes effect at the end of the billing period you have already paid for. You keep access to the subscription for the remainder of that period, and you will not be charged again after you cancel. Amounts already charged for the current billing period are not refunded on cancellation, except where the law requires a refund or we decide to grant one. If the price or billing frequency of a subscription changes, we will tell you before the change takes effect and tell you how to cancel.
6.7 Creator payouts
Creators: payouts require successful verification and compliance with the Standards and applicable laws. Earnings become available for payout once the applicable holding period has passed. Payouts are requested from your creator dashboard, are subject to a minimum payout amount, and are paid by a third-party provider to the account you have verified with them. Where a consumer charges back a payment after you have been paid, we may recover the corresponding amount from your balance or future earnings. We may withhold or forfeit funds obtained through violations or fraud. If your account is closed other than for a breach of the Standards, earnings already accrued remain payable to you. Creators are independent suppliers and are responsible for their own taxes, including, where applicable, registering for and accounting for taxes on the services they supply.
7. Content Definitions & Ownership
Uploaded Content means any text, images, video, audio, or other material you upload, post, send, or otherwise make available on or through the Platform, including Digital Products and attachments in private chats.
Finsta acquires no ownership of your Uploaded Content. The licence you grant below is non-exclusive and limited to what is set out in this Section. We do not claim copyright in your Uploaded Content, and we do not sell, license or transfer it to any third party other than the service providers who act on our behalf to operate the Platform. The licence ends when the content is removed from the Platform, except where we are required to retain a copy to meet a legal obligation.
You retain ownership of your Uploaded Content. By uploading, you grant Finsta a worldwide, non-exclusive, non-transferable, royalty-free license, exercisable through service providers acting on our behalf, to host, store, reproduce, transcode, analyze, display, perform, and otherwise process the Uploaded Content for Platform operation, safety, moderation, promotion of your listings within the Platform, and to comply with legal obligations.
You represent and warrant that you own or control the rights to your Uploaded Content, it does not infringe others' rights, and all persons depicted are consenting adults with valid, recorded consent for the intended use and distribution on Finsta.
For every person depicted in your Uploaded Content, you must verify that the person is at least 18 years of age by inspecting a government-issued photographic identity document, obtain and retain that person’s written consent and release covering the creation of the content and its distribution on Finsta, and retain those records. By uploading, you warrant that you hold those records for every person depicted.
You must produce those records to Finsta within five (5) business days of a request. Content depicting a person whose age or consent cannot be evidenced on request is removed, related payouts are frozen, and the account is subject to termination.
Where you are a producer for the purposes of 18 U.S.C. §§ 2257/2257A or any comparable law, you remain responsible for your own records, labelling and custodian obligations. If you are a creator, see our Creator Consent & Media License for more information.
8. Pre-Screening of All Uploaded Content (Before Publication)
All Uploaded Content is subject to automated screening before publication. Screening is applied to every upload, but no screening system detects every violation. We screen to protect users and to meet card-brand and partner requirements. "Publication" includes making content available to another user via chat, session preview/thumbnail, Digital Product listing or purchase, profile display, or any other viewing context.
The full review process is set out in our Content Moderation Policy.
8.1 Automated Review (Default for All Uploads)
On upload, content is scanned in real time using automated tools to detect prohibited or risky categories (e.g., nudity, CSAM indicators, non-consensual content, violence, trafficking, hate, scams).
Content that passes automated checks may publish immediately. Screening assigns signals and categories to content. Where particular signals or categories are present, screening may result in automated action, including restricting or removing the content and suspending or banning the account.
8.2 Internal Review (Exception-Based)
An internal reviewer may additionally examine the content. Internal review is the exception rather than the norm: Finsta does not operate a routine human review queue, and not every flagged item is examined by a person.
Content is also reviewed by Finsta's compliance function in response to disputes, complaints and user reports. Where an internal reviewer does examine content, they assess it against the Standards and applicable law, including consent and age-verification signals and the account’s prior trust-and-safety history. Child-safety reports and requests to remove non-consensual intimate imagery are prioritised ahead of all other review.
8.3 Private Messages & Attachments
Media sent in private chats, including attachments, is subject to automated screening before publication. Flagged messages and attachments may be delayed, blocked or removed automatically, and may be examined by an internal reviewer.
8.4 Digital Products & Publicly Discoverable Elements
Digital Product listings (titles, thumbnails, media) and any publicly discoverable elements (e.g., profile images/banners) are pre-screened. Age-restricted material is blur-gated until purchase and age eligibility is verified.
8.5 Live 1:1 Sessions
Live 1:1 sessions are not recorded. Only automated metadata about a session is collected.
8.6 Right to Delay or Withhold Publication
We may delay, deny, or remove any content, in whole or part, at our discretion to protect user safety, meet legal or partner requirements, or enforce the Standards.
8.7 Public Surfaces and Interaction Surfaces
“Public Surface” means each of the following, and nothing else: (a) your display name and handle; (b) your profile picture or avatar; (c) your profile banner or cover image; (d) your bio and any other text on your profile; (e) the title, description and thumbnail of any Digital Product or paid Interaction you list; (f) any preview image shown before purchase, other than a blur-gated preview of age-restricted media delivered to the consumer purchasing it; (g) Explore, in-app search results and search suggestions; (h) tags, categories and hashtags; and (i) Finsta’s own marketing websites and app-store listings.
You must not place explicit or age-restricted material on a Public Surface. This applies whether the material is real, simulated, animated or AI-generated, and to text, image, audio and video alike. It is a rule about placement, not about taste: material permitted inside an Interaction is still a breach of these Terms if placed on a Public Surface.
“Interaction Surface” means each of the following, and nothing else: (a) the body of a paid 1:1 message thread between one consumer and one creator; (b) media unlocked by that consumer’s payment; and (c) a live 1:1 session between one consumer and one creator. There is no public feed, gallery or browse surface of explicit material anywhere on the Platform.
How we enforce it. Public Surfaces are screened against this rule before publication under this Section 8, and we may remove, replace, blur or restrict any element that does not meet it and take action under Section 11. No screening system detects every violation, so the rule above is your obligation and not merely a description of what our systems catch.
9. Content Standards (Summary)
This is a summary. The complete list is set out in our Prohibited Content & Activity List, which forms part of the Standards. Uploaded Content and Interactions must not:
- Involve minors; depict or sexualize minors; or request, solicit, or imply under-age content.
- Be illegal, exploitative, or non-consensual (including NCII, trafficking, threats, doxxing, or fraud).
- Depict extreme or prohibited acts (e.g., sexual violence, bestiality, necrophilia), or fall within any other category identified in the Prohibited Content & Activity List.
- Infringe intellectual property or publicity/privacy rights.
- Contain hate speech, harassment, or incitement to violence.
- Circumvent Platform safety measures, record or redistribute content in violation of these Terms, or encourage off-platform transactions.
9A. Marketing, Advertising & Search Terms
We hold our own marketing to the same standard as the content on the Platform. Our marketing and advertising creative, landing pages, app-store listings and keywords, in-app search terms and suggestions, tags, and category names must not suggest, imply, or trade on minors, age-play, non-consent, coercion, incest, trafficking, or any other illegal activity, and must not use terms associated with them. We maintain our search-term, tag, and category lists against this standard and remove terms that do not meet it.
The same standard applies to you. You must not use account names, display names, listing titles, descriptions, tags, hashtags, or search terms that suggest any of those things. We may remove or change any such element and take action under Section 11.
10. Consent, Releases & Model Verification
Creators must:
- Obtain written, informed consent from all persons depicted for the specific uses on Finsta (capture, upload, distribution to purchasers/recipients, and any permitted promotional display within the Platform).
- Retain, for every person depicted, a government-issued photographic identity document and a written consent and release, and produce them to Finsta within five (5) business days of a request, as required by Section 7.
- Honor withdrawals of consent where required by law and promptly assist with takedown requests.
11. Monitoring, Enforcement & Safety Actions
We may, at any time and without notice:
- Screen, review, restrict, or remove any Uploaded Content or feature access.
- Suspend, limit, or terminate accounts and access.
- Withhold or forfeit earnings related to violations, fraud, or illegal content.
- Report suspected illegal activity to payment partners or law enforcement and preserve evidence.
We do not assume a general duty to monitor beyond the screening described in Section 8. We monitor as needed to enforce these Terms and to comply with legal and partner requirements.
12. Complaints & Appeals
In line with our Complaints & Content Removal Policy (including Depicted-Person Appeals), we permit reporting of content that may be illegal or violates the Standards.
Service level: we aim to review and resolve complaints within seven (7) business days and to notify parties of outcomes. Where a complaint requires further information or specialist review, we will tell you and give a revised timeframe.
Reports of non-consensual intimate imagery are not subject to that target. We act on a valid report of non-consensual intimate imagery within 48 hours of receiving it, and make reasonable efforts to remove known identical copies, as set out in our Complaints & Content Removal Policy.
Appeals: a fair process for both reporters and affected users; depicted-person appeals for consent disputes; and neutral-body resolution where required.
Contact points: In-app report, landing.finsta.app/report, admin@solutionize.tech (general). We may prioritize imminent harm (e.g., child safety) for immediate action.
13. Privacy & Data Use
Our Privacy Policy explains how we collect, use, share, and retain personal data. We may process and transfer data across borders and comply with lawful requests from authorities.
13A. Copyright and the DMCA
If you believe content on the Platform infringes your copyright, send a notice to our designated agent at admin@solutionize.tech, or by post to Solutionize Tech, LLC, 1111B South Governors Avenue, Dover, DE 19904, USA, marked for the attention of the Copyright Agent. Your notice must contain the elements required by 17 U.S.C. § 512(c)(3), including: a signature; identification of the copyrighted work; identification of the material claimed to be infringing and enough information for us to locate it; your contact details; a statement that you have a good-faith belief the use is not authorised; and a statement, under penalty of perjury, that the information is accurate and that you are authorised to act for the copyright owner.
We remove or disable access to content that is the subject of a valid notice and notify the person who posted it, who may submit a counter-notice under 17 U.S.C. § 512(g). We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyright.
14. Intellectual Property — What We Own and What You Own
Finsta owns the technology. Creators and other users own the content they upload. Nothing in these Terms transfers ownership of Uploaded Content to Finsta, and nothing transfers ownership of the Platform to you.
The Platform, software, interfaces, and branding are owned by Finsta and our licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-transferable license to access and use the Platform for lawful, personal purposes in accordance with these Terms.
You must not copy, modify, distribute, reverse engineer, or create derivative works of the Platform or remove proprietary notices.
15. Prohibited Uses (Examples)
You must not use the Platform to:
- Violate any law or the Standards; exploit or harm any person.
- Send spam or unsolicited promotions.
- Impersonate others or misrepresent affiliation.
- Interfere with Platform operation, security, or integrity; upload malware or attempt scraping.
- Record or rebroadcast Interactions without all required consents.
16. Third-Party Services & Links
The Platform may integrate third-party services (e.g., payment processors, verification providers) or link to third-party sites. We are not responsible for third-party content, terms, or privacy practices.
17. Changes to the Platform
We may modify, suspend, or discontinue features or content at any time. We are not liable for unavailability.
18. Disclaimers
You use the Platform at your own risk. Except as required by law, the Platform and all content/services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service, security, or that content will meet your expectations.
19. Limitation of Liability
To the maximum extent permitted by law, Finsta and its affiliates, officers, employees, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, goodwill, or other intangible losses, arising from or related to your use of the Platform, even if advised of the possibility. Our total liability for any claim will not exceed the greater of $250 or the amounts you paid to Finsta for the service giving rise to the claim in the three (3) months preceding the claim.
Some jurisdictions do not allow certain limitations; in those cases, the limitations apply to the fullest extent permitted by law.
20. Indemnity
You agree to defend, indemnify, and hold harmless Finsta and its affiliates, officers, employees, and partners from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Uploaded Content; (b) your Interactions; (c) your breach of these Terms or the Standards; (d) your violation of law or third-party rights; or (e) your offline conduct related to Platform use.
21. Termination
You may stop using the Platform at any time. We may suspend or terminate access immediately for violations, risk to users, fraud, non-payment, legal requirements, or partner requests. Upon termination, licenses end and we may delete or retain data as permitted by law and our Privacy Policy.
22. Changes to These Terms
We may update these Terms from time to time. Changes become effective on the "Last Updated" date above. We will provide notice of material changes in-app or by email. If you continue to use the Platform after changes take effect, you accept the revised Terms.
23. Notices & Contact
General & Safety: admin@solutionize.tech
Abuse/CSAM (urgent): use in-app report and email admin@solutionize.tech
Web form: landing.finsta.app/report
Support: in-app support
Postal: Solutionize Tech, LLC, 1111B South Governors Avenue, Dover, DE 19904, USA
Electronic communications satisfy any legal requirement that communications be in writing.
How we give notice to you: we may give you notice by email to the address on your account, by message or notification within the Platform, or by posting on the Platform. Notice sent by email or in-app message is treated as given on the day it is sent; notice given by posting is treated as given on the day it is posted. You must keep the email address and mobile number on your account accurate and current, and you are responsible for notices sent to the details you have given us.
How you give notice to us: notice to us must be in writing and in English, sent to admin@solutionize.tech or to the postal address above, and is treated as given when we receive it. Notices under Section 24, including a notice of dispute and a notice opting out of arbitration, must be given in the way that Section 24 describes.
24. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Where required by applicable consumer law, you may also have rights in the country or region where you live, and nothing in these Terms limits any rights you may have under applicable consumer protection laws.
Please read this Section carefully. It requires most disputes between you and Finsta to be resolved by individual arbitration rather than in court, and it waives class and representative actions. You may opt out of arbitration within 30 days, as described in Section 24.7, and opting out will not affect any other part of these Terms.
24.1 Informal resolution first
Before starting an arbitration or any other formal proceeding, you agree to contact us first so we can try to resolve the issue informally. Send a notice of dispute to admin@solutionize.tech, or to the postal address in Section 23, describing the dispute, the relief you want, and your name, account email address, and contact details. We will send any notice of dispute to you using the contact details on your account. Both you and Finsta agree to try in good faith to resolve the dispute for sixty (60) days after the notice is sent. Completing this step is a condition of starting an arbitration, and any applicable limitation period is paused while it runs.
24.2 Agreement to arbitrate
If a dispute is not resolved informally, you and Finsta agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Standards, the Platform, or your relationship with Finsta, whether based on contract, statute, tort, or any other legal theory, and whether it arose before or after these Terms took effect (a "Dispute"), will be resolved by binding individual arbitration and not in court, except as set out in Sections 24.3 and 24.8. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
The arbitration will be administered by a nationally recognised arbitration administrator that we designate when the arbitration is commenced, under that administrator’s rules for consumer disputes in effect at that time, as modified by this Section. Those rules and the forms for starting an arbitration are available from the administrator. If the named administrator is unavailable or will not administer the arbitration consistently with this Section, you and Finsta will agree on a substitute administrator or, failing agreement, ask a court to appoint one.
Questions about the interpretation, applicability, enforceability, or formation of this arbitration agreement are for the arbitrator to decide, except that a court, and not an arbitrator, decides any question about the scope, enforceability, or interpretation of Section 24.5 (the class and representative action waiver).
24.3 Exceptions: small claims and injunctive relief
Either you or Finsta may bring an individual claim in a small-claims court that has jurisdiction, instead of in arbitration, for as long as the claim stays in that court, remains individual, and is not made on behalf of a class or in a representative capacity. Either party may also ask a court for injunctive or other equitable relief to stop actual or threatened infringement or misuse of intellectual property or unauthorised access to the Platform.
24.4 How arbitration works
The arbitration will be conducted by a single neutral arbitrator. Unless you and Finsta agree otherwise, any in-person hearing will take place in the county (or equivalent) where you live, or, at your election, the arbitration may be conducted on written submissions or by telephone or video. The arbitrator may award any individual relief, including statutory damages, attorneys' fees, and costs, that a court could award to you individually on your claim, and must apply these Terms as a court would. The arbitrator must give a written decision explaining the essential findings and conclusions. Arbitration fees are allocated under the administrator's consumer rules; where those rules require it, Finsta will pay the filing, administration, and arbitrator fees, and Finsta will not seek its attorneys' fees or costs from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose. An arbitration award may be entered as a judgment in any court with jurisdiction.
24.5 Class and representative action waiver
You and Finsta agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, private attorney general, or other representative proceeding. The arbitrator may not preside over the claims of more than one person, and may not consolidate or join the claims of more than one person, except as Section 24.6 allows. The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent needed to give relief on that party's own claim.
24.6 Batching of mass arbitrations
If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Finsta by or with the assistance of the same law firm or coordinated group of firms within a ninety (90) day period, you and Finsta agree that the demands will be administered in batches of up to fifty (50) claimants each. Each batch will be treated as a single arbitration with a single arbitrator, a single set of administrative fees, and one set of scheduling. Batches will be assembled by the administrator by grouping claimants alphabetically, and a party may propose a different grouping for efficiency. Any applicable limitation period is paused for claimants whose demands are awaiting a batch. This Section is intended to promote efficient resolution and does not create a class, collective, or representative proceeding.
24.7 Your right to opt out of arbitration
You may opt out of Sections 24.2 to 24.6 (arbitration, the class and representative action waiver, and batching). To opt out, send a written notice within thirty (30) days of the date you first accept these Terms, or within thirty (30) days of the date these arbitration provisions were first added to these Terms if you already had an account, to admin@solutionize.tech with the subject line "Arbitration Opt-Out", or to the postal address in Section 23. The notice must state your name, the email address on your account, and that you decline to be bound by the arbitration agreement. That is the only way to opt out. Opting out will not affect any other part of these Terms, is not a breach of them, and will not affect your account or your use of the Platform in any way.
24.8 Severability and effect
If any part of Section 24.5 is found to be unenforceable as to a particular claim or a particular request for relief, that claim or request will be severed and brought in a court of competent jurisdiction, and the remaining claims will continue in arbitration. Any severed claim will be stayed until the arbitration of the remaining claims is complete. If any other part of this Section 24 is found unenforceable, it will be severed and the rest of this Section will continue to apply. If this Section 24 is found unenforceable in its entirety, or if you opt out under Section 24.7, you and Finsta agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any Dispute, and each party consents to jurisdiction and venue there. Nothing in this Section limits any right you have under applicable consumer protection law, and where the law that applies to you does not permit binding pre-dispute arbitration or the waiver of class or representative actions, this Section applies only to the extent it is permitted. This Section 24 survives termination of these Terms and closure of your account.
25. General Provisions
25.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Section 24.8 governs severability within Section 24.
25.2 Entire agreement
These Terms, together with the Standards and any additional terms you accept for a specific feature or purchase, are the entire agreement between you and Finsta about the Platform, and replace any earlier agreement or understanding about it. If there is a conflict between these Terms and an incorporated policy, these Terms prevail, except where the policy states that it prevails or where the policy gives you greater protection. Nothing in this Section limits liability for fraud or fraudulent misrepresentation.
25.3 Assignment
You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganisation, or sale of assets, provided the assignee agrees to be bound by these Terms. These Terms bind and benefit each party's permitted successors and assigns.
25.4 No waiver
If we do not enforce a provision of these Terms, or delay in enforcing it, that is not a waiver of that provision or of our right to enforce it later. A waiver is effective only if it is in writing and signed or expressly given by the party granting it, and a waiver in one instance does not waive any other provision or any later breach.
25.5 Survival
Any provision that by its nature should survive termination does so, including Section 6 (as to amounts already owed, refunds, chargebacks, and payouts), Section 7 (content ownership, licences, warranties, and record-keeping), Section 11, Section 14, Section 18, Section 19, Section 20, Section 21, Section 23, Section 24, and this Section 25.
25.6 Force majeure
Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money already due) caused by an event beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strike or labour dispute, government action or legal requirement, failure of telecommunications or internet services, power failure, denial-of-service or other cyber attack, or failure of a third-party service provider. The affected party will use reasonable efforts to resume performance, and will tell the other party where it is reasonable to do so. If such an event continues for more than sixty (60) days, either party may terminate these Terms on notice.
25.7 Relationship of the parties
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Finsta. Creators are independent suppliers, as described in Section 6.3.
25.8 Interpretation
Headings are for convenience only and do not affect interpretation. "Including" and "for example" are not words of limitation. These Terms are drafted in English; where we provide a translation, the English version governs to the extent permitted by law.