Terms of Service
Last Updated: March 14, 2025
Welcome to Floyd ("Floyd," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our platform, website, and services (collectively, the "Services"), including floyd.so (the "Website"). By accessing or using Floyd, you agree to be bound by these Terms.
If you do not agree to all of these Terms, do not use our Services.
1. Legal Entity & Contact
- Company Name: Floyd LLC (a Delaware Limited Liability Company)
- Email: hey@floyd.so
- Website: floyd.so
2. Definitions
- Creator: An individual or entity who creates or manages a membership-based "Club" to offer exclusive content or experiences.
- Member: A user who subscribes to a Creator's Club to access exclusive content and experiences.
- Visitor: Any person visiting Floyd without registering or subscribing.
3. Description of Services
Floyd provides a platform for Creators to build subscription-based Clubs, share exclusive content, and engage Members.
Floyd partners with Stripe for payment processing. Creators must connect their Stripe account via Stripe Connect Standard to process payments for subscriptions or other payment transactions. These Terms incorporate the relevant Stripe Connected Account Agreements and Stripe Services Agreement (SSA). By using Floyd, you also agree to comply with Stripe's terms.
4. Account Registration & Eligibility
- Creator Accounts: To create clubs and receive payouts, Creators must register for a Creator Account, providing
accurate and complete information. Additional individuals or entities may manage a single Club.
- Member Accounts: Members must register to subscribe and engage to Clubs.
- Age Requirement: Users must be at least 18 (or the age of majority in your jurisdiction) to use our Services. If
you are under 18, you may only use the Services under the supervision of a parent or legal guardian.
- Account Responsibility: You are responsible for your account activity and must secure your login information.
5. Pricing & Fees
- Platform Fees: Floyd charges 5% plus Stripe fees per membership transaction.
- Payment Processing: We use Stripe to process all transactions. You agree to Stripe's terms.
- Creator Payments: When using Stripe Connect Standard, payments from Members go directly to the Creator's connected Stripe account. Floyd utilizes Creators' Stripe account capabilities for services such as Stripe Subscriptions and Stripe Tax. Creators are responsible for managing their Stripe account, including handling refunds, disputes, and compliance with Stripe's terms.
6. Refunds & Cancellations
- Creator Responsibility: The Creator is the merchant of record and is responsible for refunds, cancellations, and addressing any disputes with Members.
- Floyd's Refund Rights: Floyd reserves the right to refund any transaction (subscriptions, tips, etc.) at our discretion---especially if there are platform issues or rule violations.
- Non-Refundable Fees: Floyd's platform fees and Stripe processing fees are generally non-refundable.
7. Content Ownership & License
- Creator Content: Creators retain ownership of their uploaded content.
- Member Content: Members retain ownership of any content they generate or upload within a Club, including messages, media, or interactions. However, by posting content, Members grant Floyd and the respective Club's Creator a non-exclusive, royalty-free license to use, display, and distribute it within the Club.
- License to Floyd:
- By submitting or posting content on Floyd, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, modify (for formatting purposes), create derivative works, and distribute your content in connection with the operation and improvement of our Services.
- You may delete your content at any time, and our license ends once the content is fully removed (except for backup or archival copies, which we'll remove according to our data retention policies).
- Data & Analytics: Floyd may use any data or content in anonymized or aggregated form for analytics, reporting, or service improvement.
8. Acceptable Use & Restrictions
- Compliance with Laws: You agree to comply with all applicable laws and regulations when using Floyd.
- No Illegal Activities: Creators bear responsibility for any illegal activity that occurs in their clubs (e.g., copyright infringement, hate speech, or other prohibited content).
- Intellectual Property: If you use third-party content, you must have the rights or permissions to do so. Floyd is not liable for Creators' or Membbers' infringement of copyright, trademark, or other IP rights.
- Club & Account Removal: Floyd reserves the right to remove any club or disable accounts that violate our terms, contain unlawful or objectionable content, or are otherwise deemed unacceptable at our sole discretion.
9. Disclaimers
- No Warranty: Floyd provides its Services "as is" and "as available" without warranties of any kind (express or implied), including fitness for a particular purpose, merchantability, or non-infringement.
- Platform Reliability: We do our best to keep Floyd operational, but we do not guarantee uninterrupted or error-free service.
- Third-Party Services: We are not liable for the performance or reliability of Stripe or any other third-party service integrated with Floyd.
10. Limitation of Liability
To the fullest extent permitted by law, Floyd LLC (including its officers, directors, employees, and agents) is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Services. Our total liability shall not exceed the fees paid to Floyd in connection with your use of the Services over the six (6) months preceding the event giving rise to the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Floyd LLC from any and all claims, damages, liabilities, costs, or expenses (including attorneys' fees) arising out of or related to:
- Your use or misuse of the Services,
- Your violation of these Terms,
- Your violation of any third-party rights (including intellectual property rights), or
- Any illegal or unlawful content or activity in your events.
12. Termination
Floyd may suspend or terminate your access to the Services at any time, with or without notice, if we determine you have breached these Terms or engaged in harmful or illegal behavior. You may also terminate your account at any time by following the instructions on our Website.
13. Governing Law & Dispute Resolution
These Terms and any dispute related to them or the Services are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes arising hereunder.
14. Changes to Terms
We reserve the right to update or modify these Terms at any time. If we make significant changes, we will notify you by posting the revised Terms on our Website or through other communication channels. Continued use of the Services after changes go into effect signifies your agreement to the revised Terms.
15. Miscellaneous
- Entire Agreement: These Terms, together with any policies referenced herein, constitute the entire agreement between you and Floyd LLC regarding your use of the Services.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
- No Waiver: Failure by Floyd to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms.
For questions, please contact hey@floyd.so.
Thank you for choosing Floyd to build your exclusive membership Clubs!