VELUM AGENCY

Terms of Service

1. Agreement and scope

These Terms of Service (“Terms”) govern your access to and use of the Velum Agency website, including its application form, contact form, earnings calculator, content, and related website features (collectively, the “Site”). “Velum,” “we,” “us,” and “our” refer to Velum Agency. By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms govern the Site only. Applying through the Site does not create a talent-agency, management, representation, employment, fiduciary, partnership, joint-venture, or other service relationship. If Velum offers to work with you, the specific services, fees or commissions, responsibilities, content permissions, account access, payment terms, and termination rights must be set out in a separate written agreement. If that agreement conflicts with these Terms regarding the services it covers, the separate agreement controls.

2. Adults only and eligibility

The Site and application process are intended only for people who are at least 18 years old and legally capable of entering a binding agreement. By using the Site, you represent that you meet those requirements. The Site’s age gate and application confirmation are declarations and do not independently verify your age or identity. Velum may require additional age, identity, authority, or eligibility verification before any onboarding or services begin.

If you use the Site on behalf of a company or another legal entity, you represent that you have authority to bind that entity to these Terms. You may not apply for, impersonate, or submit information about another person without lawful authority.

3. Applications and recruitment

You agree to provide complete, current, and accurate application information and to submit only profiles, links, and materials you are authorized to share. You are responsible for correcting information that becomes inaccurate by contacting us at hello@velumagency.com.

An application is only a request to begin a conversation. Velum may accept, decline, pause, or stop reviewing an application at its discretion, subject to applicable law. Applying does not guarantee a response, interview, offer, representation, employment, services, bookings, revenue, audience growth, account approval, or any particular result. No application fee or payment is collected through the Site.

4. Separate service and talent agreements

No management, talent-agency, marketing, content, chatting, account-management, or other professional service begins through use of the Site alone. Before covered work begins, the parties must agree in writing to the applicable scope, compensation, authority, approvals, ownership or licenses, platform access, security responsibilities, content boundaries, recordkeeping, and termination terms.

Nothing in these Terms waives or limits any requirement, protection, or obligation that cannot lawfully be waived under applicable talent-agency, employment, consumer-protection, privacy, or other law. Where Florida talent-agency law applies, it and the parties’ separate compliant written agreement control the regulated relationship.

5. Earnings calculator and performance information

The earnings calculator is an educational scenario tool. It uses editable assumptions selected by the user, including assumed revenue per new subscriber. Its outputs are arithmetic illustrations, not observed results, valuations, forecasts, promises, guarantees, or statements of typical performance. Actual results vary and may be materially lower or zero.

Calculator outputs exclude or may not fully account for subscription sales, renewals, existing fans, refunds, chargebacks, platform fees, agency fees, taxes, expenses, geographic differences, audience behavior, content quality, account restrictions, and other factors. You must not rely on a calculator output as financial, tax, legal, investment, accounting, or business advice. You are responsible for your own evaluation and for obtaining advice from qualified professionals where appropriate.

Any case study, testimonial, example, or social-media result reflects the stated circumstances and does not promise that you will obtain the same result. Material relationships will be disclosed where required by law.

6. Your submissions

You retain your rights in information and content you submit. You grant Velum a limited, non-exclusive right to receive, store, reproduce internally, and review your application, contact inquiry, and linked public profiles for the purposes described in the Privacy Policy, including evaluating your inquiry, preventing abuse or duplicate submissions, and contacting you about a potential working relationship.

This limited permission does not authorize Velum to publish your submitted content or use your likeness in advertising. Any broader content, name, image, likeness, publicity, or account permissions must be addressed separately in writing.

Do not submit passwords, government identification numbers, payment-card or bank information, medical information, explicit media, confidential information belonging to another person, or material you are not authorized to disclose. The application and contact forms are not secure channels for emergency, legal, or highly sensitive communications.

7. Communications and electronic records

When you submit an application or contact inquiry and provide the required consent, you authorize Velum to use the contact information you supplied to respond to that submission and discuss its subject. This is not consent to unrelated promotional email or text messaging. You may ask us to stop non-required communications by emailing hello@velumagency.com, although we may still send messages required to administer a request, comply with law, or protect legal rights.

You agree that Site notices, acknowledgments, and records may be provided electronically. Electronic acceptance of these Terms and related records has the same effect as acceptance on paper to the extent permitted by law.

8. Acceptable use

You may use the Site only for lawful, personal, and legitimate business-inquiry purposes. You may not:

9. Velum content and intellectual property

The Site, including its design, text, branding, logos, graphics, animations, software, and arrangement, is owned by Velum or its licensors and is protected by applicable intellectual-property laws. Subject to these Terms, Velum grants you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for its intended purpose. No other rights are granted.

“Velum,” Velum’s logos, and related branding may not be used in a way that suggests sponsorship, endorsement, affiliation, or authorization without written permission. If you voluntarily provide feedback about the Site, you permit Velum to use that feedback without restriction or compensation, provided we do not publicly identify you without permission.

10. Third-party platforms, links, and services

The Site may link to or reference Instagram, OnlyFans, Fansly, Google, and other third-party services. Velum does not control those services and is not responsible for their availability, content, security, policies, or conduct. Your use of each third-party service remains subject to that service’s own terms, policies, eligibility requirements, and enforcement decisions.

Velum does not guarantee that any platform will approve, retain, monetize, or refrain from restricting an account. A link or reference does not imply ownership, sponsorship, or endorsement unless expressly stated.

11. Privacy

Our Privacy Policy describes how the Site collects, uses, stores, and shares personal information. The Privacy Policy is incorporated into these Terms by reference. You are responsible for reviewing it before submitting an application.

12. Site availability and changes

Velum may modify, suspend, restrict, or discontinue any part of the Site, including features and content, at any time. We may correct errors and update information without prior notice. We do not guarantee that the Site will be uninterrupted, secure, error-free, compatible with every device, or available in every location.

Velum may block or restrict access when reasonably necessary to protect applicants, systems, legal rights, or the Site; investigate suspected misuse; or comply with law.

13. Disclaimers

To the fullest extent permitted by law, the Site and all Site content are provided “as is” and “as available.” Velum disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that Site information is complete, current, or suitable for your circumstances.

Nothing in these Terms excludes a warranty or responsibility that cannot lawfully be excluded, or excuses fraud, willful misconduct, or any other liability that applicable law does not permit us to disclaim.

14. Limitation of liability

To the fullest extent permitted by law, Velum and its officers, directors, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, opportunities, data, goodwill, or business interruption, arising from or related to the Site, even if advised that such damages were possible.

To the fullest extent permitted by law, the total aggregate liability of Velum and the foregoing parties for all claims arising from or related to the Site will not exceed the greater of one hundred U.S. dollars (US $100) or the amount you paid Velum specifically to use the Site during the twelve months before the event giving rise to the claim. The Site currently does not charge a use fee. These limitations do not apply where prohibited by law.

15. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Velum and its officers, directors, employees, contractors, and affiliates from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees arising from your unlawful use of the Site, your material breach of these Terms, your violation of another person’s rights, or content you submit without required authority. This section does not require indemnification for Velum’s own fraud, willful misconduct, or other conduct for which indemnification is prohibited by law.

16. Governing law, arbitration, and class waiver

Please read this section carefully. It affects the forum in which disputes are resolved. Before starting arbitration or litigation concerning the Site, you and Velum agree to make a good-faith effort to resolve the dispute informally. A notice to Velum must describe the claim, relevant facts, requested relief, and contact information and must be sent to hello@velumagency.com. Either party may proceed after thirty days if the dispute has not been resolved. This process does not prevent either party from seeking emergency relief or acting in time to preserve a legal deadline.

Except for a matter eligible for small-claims court or a claim seeking temporary or preliminary injunctive relief for unauthorized access, misuse of intellectual property, or an imminent threat to safety or security, any dispute arising from or relating to the Site or these Terms will be resolved by binding arbitration on an individual basis. The Federal Arbitration Act governs this arbitration provision. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this section. If AAA is unavailable or declines to administer the matter, the parties will select another nationally recognized arbitration provider or a court of competent jurisdiction will appoint one.

The arbitrator may award any individual remedy available in court that is not lawfully restricted by these Terms. The arbitrator will decide issues of enforceability and scope of this arbitration provision, except that a court will decide issues concerning the class-action waiver. Fees will be allocated under the applicable AAA rules, and Velum will pay fees it is required to pay for the clause to be enforceable. Hearings may occur by video, telephone, documents, or in the county where you live unless the parties agree otherwise.

Claims must be brought only in an individual capacity. Neither party may bring or participate in a class, collective, consolidated, mass, coordinated, or representative action or arbitration, and an arbitrator may not combine claims or award relief for anyone other than the individual claimant. If this waiver is finally held unenforceable for a particular claim, that claim must proceed in court and be severed from any arbitrable claims. To the extent a dispute proceeds in court, each party waives a jury trial to the fullest extent permitted by law.

You may opt out of arbitration by emailing hello@velumagency.com with the subject “Arbitration Opt-Out” within thirty days after you first accept these Terms. The notice must include your full name, the email used in your application if applicable, the date of acceptance, and a clear statement that you opt out of Section 16. Opting out will not affect the remaining Terms or Velum’s consideration of an application.

Florida law governs these Terms and Site-related disputes, without regard to conflict-of-law rules, except where the Federal Arbitration Act or mandatory law requires otherwise. For a claim not subject to arbitration, or if you validly opt out, the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction, subject to any non-waivable jurisdictional right. This section changes only the dispute forum; it does not eliminate a substantive right or regulatory complaint that cannot lawfully be waived.

17. International use

The Site is operated from Florida, United States. If you access it from another jurisdiction, you are responsible for compliance with laws applicable to you. You may not use the Site where doing so is prohibited by law or would require Velum to offer services through the Site that it has not agreed to provide. Mandatory rights under applicable local law remain unaffected.

18. General terms

These Terms and the incorporated Privacy Policy are the entire agreement concerning use of the Site. They do not replace a separate signed agreement for services. If any provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without Velum’s written consent; Velum may assign them in connection with a merger, reorganization, sale of assets, or by operation of law, subject to applicable law.

Headings are for convenience only. “Including” means “including without limitation.” Provisions that by their nature should survive termination—including intellectual-property, disclaimer, liability, indemnification, dispute, and general provisions—will survive.

19. Updates to these Terms

Velum may update these Terms from time to time. The “Last updated” date identifies the current version. Material changes will apply prospectively and will be presented or communicated when required by law. Continuing to use the Site after revised Terms become effective constitutes acceptance where permitted by law; if you do not agree to a revision, stop using the Site.

20. Contact

Questions, notices, and requests concerning these Terms may be sent to hello@velumagency.com.