Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and TBT Consulting LLC, a New Mexico limited liability company (“Company,” “we,” “us,” or “our”), governing your access to and use of OFM Finance Hub (the “Service”), accessible at https://app.ofmfinances.com.

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree with these Terms, you must not access or use the Service.

The following definitions apply throughout these Terms:

• “Agency” means an OnlyFans Management (OFM) agency or similar talent management business that subscribes to the Service.
• “Agency Administrator” means a Customer user designated with administrative privileges for their Agency’s account.
• “Authorized Users” means individuals who are granted access to the Service by the Agency Administrator, including team members assigned roles such as admin, accountant, HR manager, bookkeeper, or viewer.
• “Model Portal User” means a model (creator or talent) who has been invited by an Agency Administrator to access the self-service portal to view their own financial data.
• “Customer Data” means all data, information, content, and materials that Customer or its Authorized Users upload, enter, import, or otherwise provide to the Service, including but not limited to financial records, model data, employee data, documents, and configuration settings.
• “Subscription” means the paid plan under which Customer accesses the Service, as described in Section 6.

To use the Service, you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into a binding agreement.
• Be acting on behalf of a legitimate business entity, sole proprietorship, or other lawful organization.
• Not be prohibited from using the Service under any applicable law or regulation.

The Service is designed exclusively for business use by OFM agencies and similar talent management organizations. It is not intended for individual consumer or personal use.

4.1 Account Creation

To use the Service, you must create an account by providing a valid email address and password. You may also be required to provide additional information about your Agency during the onboarding process.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password and keep it confidential.
• Enable two-factor authentication (2FA) where available. We strongly recommend enabling 2FA for all accounts with administrative privileges.
• Notify us immediately at hello@ofmfinances.com if you become aware of any unauthorized access to or use of your account.
• Not share account credentials with any third party or allow any unauthorized person to access your account.

4.3 Agency Administrator Responsibilities

Agency Administrators are responsible for:

• Managing Authorized Users, including inviting and removing team members and assigning appropriate roles.
• Ensuring all Authorized Users comply with these Terms.
• Managing Model Portal Users, including invitations, access levels, and revocation of access.
• The accuracy and legality of all Customer Data entered into the Service by their Authorized Users.

4.4 Multi-Tenant Isolation

Each Agency account operates in an isolated environment. Your Customer Data is logically separated from the data of other agencies at the database level through row-level security. You cannot access, view, or modify data belonging to another agency.

OFM Finance Hub is a web-based, multi-tenant SaaS finance management platform built specifically for OFM agencies. The Service provides tools for:

• Revenue and expense tracking, including per-model profit calculations.
• Model (creator/talent) management, including profiles, contracts, payment details, and revenue share configurations.
• Employee management, compensation tracking, and model assignment.
• Invoicing, payout batch creation, and payout tracking.
• Full accounting functionality, including chart of accounts, journal entries, general ledger, and trial balance.
• Bank transaction import and allocation.
• Inventory and equipment tracking with cost-sharing calculations.
• A self-service model portal where models can view their earnings, invoices, payouts, and documents.
• Cash flow analysis and advanced financial reporting (15 report types).
• Company calendar with event management and email notifications.
• Webhook integration for automation (outgoing and incoming).
• CSV and Excel data import and export.
• Audit logging of all significant data operations.

The Service is a financial management and operational tool. It does not provide financial advice, tax advice, legal advice, or accounting services. You are responsible for the accuracy of your financial records and for complying with all applicable tax, financial, and regulatory obligations.

6.1 Subscription Plans

Access to the Service requires a paid monthly subscription. Subscription plans, pricing, and feature availability are as described on our website or as communicated to you at the time of purchase. We reserve the right to modify pricing for future billing periods with at least 30 days’ prior written notice.

6.2 Billing and Payment

Subscription fees are billed in advance on a monthly recurring basis. Payment is processed through our third-party payment processor, Stripe, Inc. By subscribing, you authorize us to charge the payment method on file for all applicable fees.

You are responsible for providing accurate and up-to-date billing information. If a payment fails, we may suspend access to the Service until the outstanding balance is resolved. We reserve the right to suspend or terminate your account after 14 days of non-payment.

6.3 Taxes

All fees are exclusive of applicable taxes (including VAT, sales tax, and other levies). You are responsible for all taxes associated with your Subscription, except for taxes based on the Company’s net income. Where required by law, applicable taxes will be added to your invoice.

6.4 No Refunds

All subscription fees are non-refundable. No refunds or credits will be issued for partial months of service, for periods in which the Service was available but not used, or for downgrades or cancellations during a billing period. If you cancel your Subscription, you will continue to have access to the Service until the end of your current billing period.

6.5 Free Trial or Promotional Access

We may, at our sole discretion, offer free trials or promotional access to certain users. Free trial or promotional terms will be communicated separately. At the end of any trial or promotional period, your account will convert to a paid Subscription unless you cancel before the trial or promotional period ends. We reserve the right to modify or discontinue trial or promotional offers at any time.

7.1 Cancellation by Customer

You may cancel your Subscription at any time through your account settings or by contacting us at hello@ofmfinances.com. Upon cancellation:

• Your Subscription will remain active until the end of the current billing period.
• You will retain full access to the Service and your Customer Data until the end of the billing period.
• No further charges will be applied after the current billing period.
• After the billing period ends, your account will be deactivated and your Customer Data will enter a 30-day soft-deletion window, during which you may request reactivation and data restoration.
• After the 30-day soft-deletion window, all Customer Data will be permanently and irreversibly deleted.

7.2 Termination by Company

We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice, if:

• You breach any provision of these Terms.
• Your payment is overdue by more than 14 days.
• We reasonably believe your use of the Service poses a security risk, may cause harm to other users, or may subject us to legal liability.
• We are required to do so by law or legal process.

Where practicable, we will provide you with reasonable notice and an opportunity to cure the breach before terminating your account. In the event of termination for cause, no refund of prepaid fees will be issued.

7.3 Effect of Termination

Upon termination or expiration of your Subscription:

• Your right to access and use the Service immediately ceases (or at the end of the billing period, in the case of cancellation by Customer).
• We will retain your Customer Data for 30 days in a soft-deleted state, after which it will be permanently deleted.
• You may request an export of your Customer Data prior to termination. The Service provides CSV and Excel export functionality for this purpose. In accordance with GDPR Article 20 (Right to Data Portability), we will provide your personal data in a structured, commonly used, machine-readable format (CSV or XLSX) within 30 days of your written request. We recommend initiating data exports before cancellation to ensure you retain complete records.
• Any provisions of these Terms that by their nature should survive termination will remain in effect, including Sections 8 (Customer Data and Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), 14 (Data Processing Agreement), and 15 (Governing Law).

8.1 Ownership of Customer Data

You retain all rights, title, and interest in and to your Customer Data. We do not claim ownership of any Customer Data. By using the Service, you grant us a limited, non-exclusive, worldwide license to use, store, process, and transmit your Customer Data solely for the purpose of providing and maintaining the Service in accordance with these Terms and our Privacy Policy.

8.2 Customer Data Responsibilities

You represent and warrant that:

• You have all necessary rights, consents, and permissions to upload, store, and process all Customer Data through the Service.
• Your Customer Data does not violate any applicable law, regulation, or third-party right (including intellectual property, privacy, and data protection rights).
• You will comply with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR), with respect to personal data you process through the Service, particularly regarding data of your models, employees, and other individuals.
• You are solely responsible for the accuracy, completeness, and legality of your Customer Data.

8.3 No Explicit Content

The Service is a financial management and operational tool. It does not host, store, process, transmit, or display explicit or adult content of any kind. You agree not to upload, store, or transmit any explicit, pornographic, or obscene material through the Service. This includes but is not limited to images, videos, audio files, and text content of an explicit nature. Violation of this provision constitutes grounds for immediate termination of your account.

8.4 Ownership of the Service

The Service, including all software, code, user interfaces, designs, trademarks, trade names (including “OFM Suite” and “OFM Finance Hub”), logos, documentation, and all related intellectual property, is and remains the exclusive property of the Company. These Terms do not grant you any rights to use the Company’s trademarks, trade names, logos, or other brand features without prior written consent.

All rights not expressly granted in these Terms are reserved by the Company.

You agree to use the Service only for its intended business purposes and in compliance with all applicable laws and regulations. You agree not to:

• Use the Service for any unlawful, fraudulent, or deceptive purpose.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any part thereof.
• Use automated tools, bots, scrapers, or other automated means to access the Service, except through officially supported APIs and webhook integrations.
• Interfere with or disrupt the integrity, performance, or availability of the Service, or the data contained therein.
• Upload or transmit viruses, malware, or any other malicious code.
• Use the Service to store or process explicit, pornographic, or obscene content.
• Use the Service in any way that violates the rights of any third party, including intellectual property, privacy, or contractual rights.
• Resell, sublicense, or otherwise make the Service available to third parties outside of your Agency, except through the Model Portal functionality as intended.
• Circumvent or attempt to circumvent any access controls, rate limits, or security measures implemented by the Service.

We reserve the right to investigate and take appropriate action, including suspension or termination of your account, if we reasonably believe you have violated this Section.

10.1 Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, the Company does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service will be accurate, reliable, or complete.
• Any errors or defects in the Service will be corrected.
• The Service will meet your specific requirements or expectations.

The Service provides tools for financial tracking and reporting but does not guarantee the accuracy of financial calculations, tax computations, or regulatory compliance. You are solely responsible for verifying all financial data and ensuring compliance with applicable laws.

10.2 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, agents, or affiliates be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, or business interruption.
• Any damages arising from or related to your reliance on the Service for financial, tax, legal, or accounting decisions.
• Any damages resulting from unauthorized access to or alteration of your Customer Data.
• Any damages arising from the acts or omissions of third-party service providers, including payment processors and hosting providers.

In no event shall the Company’s total aggregate liability arising out of or relating to these Terms or the Service exceed the greater of (a) the total amount paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred euros (€100).

These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if the Company has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the Company’s liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

• Your use of the Service or any activity under your account.
• Your breach of these Terms or any representation or warranty herein.
• Your violation of any applicable law, regulation, or third-party right.
• Any Customer Data you upload, store, or process through the Service.
• Any dispute between you and your models, employees, or other third parties in connection with data processed through the Service.
• Any claim by a Model Portal User, employee, or third party arising from your use of the Service.

This indemnification obligation survives the termination or expiration of these Terms and your use of the Service.

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) informally by contacting us at hello@ofmfinances.com. We will attempt to resolve the Dispute within 30 days of receiving your written notice. If the Dispute is not resolved within 30 days, either party may proceed to binding arbitration as described below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any Dispute that is not resolved through informal resolution shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer-Related Disputes.

The arbitration shall be conducted by a single arbitrator, in the English language, and shall take place in Bernalillo County, New Mexico, United States, unless the parties mutually agree to a different location or a virtual proceeding. The arbitrator’s decision shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

Each party shall bear its own attorneys’ fees and costs in the arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party.

12.3 Class Action Waiver

You and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or consolidated action. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or collective proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may:

• Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
• Bring an individual action in small claims court for claims within that court’s jurisdictional limits.

12.5 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions of this Section 12 by sending written notice to hello@ofmfinances.com within 30 days of first accepting these Terms. Your notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all Disputes will be resolved exclusively in the state or federal courts located in Bernalillo County, New Mexico.

The Service supports outgoing and incoming webhook integrations for automation purposes. With respect to webhooks and integrations:

• You are solely responsible for configuring, securing, and maintaining the endpoints to which outgoing webhooks deliver data. We are not responsible for data loss, unauthorized access, or any other issue arising from the configuration or security of your webhook endpoints.
• Incoming webhooks (for example, from payment processors) are authenticated using HMAC signature verification. You are responsible for protecting the webhook secrets provided by the Service.
• We do not guarantee the delivery, timing, or order of webhook events. While the Service includes retry mechanisms with exponential backoff, webhook delivery is provided on a best-effort basis.
• You agree not to configure webhooks that send Customer Data to endpoints in violation of applicable data protection laws or that could expose sensitive information to unauthorized parties.

Where the Customer acts as a data controller under the GDPR or other applicable data protection laws and engages us to process personal data on its behalf through the Service, the following terms apply and constitute a Data Processing Agreement (“DPA”) within the meaning of Article 28 of the GDPR:

• Scope and purpose: We process personal data solely on behalf of and in accordance with the Customer’s documented instructions, for the purpose of providing and maintaining the Service as described in these Terms.
• Types of data and data subjects: The categories of personal data processed and data subjects affected are described in our Privacy Policy (Sections 4.1 through 4.7). Data subjects may include the Customer’s models (creators/talent), employees, and team members.
• Sub-processors: We engage the sub-processors listed in our Privacy Policy (Section 6). We will notify the Customer at least 14 days before engaging any new sub-processor. If the Customer objects to a new sub-processor on reasonable data protection grounds, the Customer may terminate the affected Service by providing written notice within 14 days of our notification.
• Security measures: We implement the technical and organizational security measures described in our Privacy Policy (Section 9), including encryption at rest and in transit, row-level security, role-based access control, two-factor authentication, and comprehensive audit logging.
• Data subject requests: We will promptly notify the Customer if we receive a request from a data subject to exercise their rights under applicable data protection law. We will assist the Customer in fulfilling such requests through the functionality of the Service and, where necessary, through additional reasonable cooperation.
• Breach notification: We will notify the Customer without undue delay upon becoming aware of a personal data breach affecting Customer Data. Notification will include the nature of the breach, likely consequences, and measures taken or proposed to mitigate its effects.
• Data return and deletion: Upon termination of the Service, we will retain Customer Data for 30 days in a soft-deleted state (during which the Customer may request data export), after which all Customer Data will be permanently deleted. The Customer may request data export in structured, commonly used, machine-readable formats (CSV, XLSX) at any time during the active subscription or soft-deletion period.
• Audit rights: The Customer may, upon reasonable written notice and no more than once per calendar year, request information regarding our compliance with this DPA. We will provide such information through written responses, compliance certifications, or third-party audit reports as reasonably available. On-site audits may be arranged by mutual agreement, at the Customer’s expense, with reasonable scope and scheduling.
• International transfers: Where Customer Data is transferred outside the EEA, we rely on the transfer mechanisms described in our Privacy Policy (Section 7), including Standard Contractual Clauses and, where applicable, the EU-US Data Privacy Framework.

This DPA is incorporated into and forms part of these Terms. In the event of a conflict between this DPA and other provisions of these Terms, the provisions of this DPA shall prevail with respect to data protection matters. Customers requiring a separately executed DPA document may contact us at hello@ofmfinances.com.

These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles.

Subject to Section 12 (Dispute Resolution), any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and each party irrevocably consents to the personal jurisdiction and venue of such courts.

16.1 Availability

We use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to scheduled maintenance, unscheduled maintenance, system updates, or circumstances beyond our reasonable control (including but not limited to internet outages, third-party service failures, and force majeure events).

The Service does not currently include a formal Service Level Agreement (SLA) with guaranteed uptime commitments or financial credits for downtime. We may introduce an SLA in the future, which would be communicated as a separate addendum to these Terms. Notwithstanding the absence of an SLA, we are committed to maintaining high availability and will communicate planned maintenance windows in advance where practicable.

16.2 Modifications to the Service

We reserve the right to modify, update, enhance, or discontinue any aspect of the Service at any time. We will use reasonable efforts to notify you of material changes that negatively affect your use of the Service. If we discontinue a material feature that significantly impacts your use of the Service, you may terminate your Subscription and receive a pro-rata refund for any prepaid but unused period.

16.3 Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will update the Effective Date at the top of these Terms and notify you via email or in-app notification at least 14 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service and cancel your Subscription before the changes take effect.

The Service includes a self-service portal (“Model Portal”) through which Agency Administrators may invite models to access their own financial data.

17.1 Agency Responsibility

Agencies that invite models to the Model Portal are responsible for:

• Ensuring they have the legal right and appropriate consent to store and share model data through the Service.
• The accuracy of all model data entered into the Service.
• Complying with applicable data protection laws, including providing appropriate privacy notices to their models.
• Managing Model Portal access, including timely revocation of access when a model leaves the agency.

17.2 Model Portal User Acknowledgment

If you access the Service as a Model Portal User, you acknowledge that:

• Your access is provided by and at the discretion of your Agency.
• The financial data displayed in the Model Portal is entered and maintained by your Agency. We do not independently verify its accuracy.
• Your Agency may revoke your portal access at any time.
• These Terms apply to your use of the Model Portal. Questions about the data displayed should be directed to your Agency.

“Confidential Information” means any non-public information disclosed by either party to the other in connection with the Service, including but not limited to business plans, financial information, technical data, trade secrets, and Customer Data. Each party agrees to:

• Use the other party’s Confidential Information only for the purpose of performing obligations or exercising rights under these Terms.
• Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or service providers who have a need to know and are bound by confidentiality obligations at least as protective as those in these Terms.
• Protect Confidential Information using at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives the disclosing party prompt written notice where legally permitted.

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, epidemics or pandemics, government actions, internet or telecommunications failures, power outages, or failures of third-party service providers. The affected party shall use reasonable efforts to mitigate the impact of the force majeure event and resume performance as soon as practicable.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

These Terms, together with our Privacy Policy and any other documents or policies expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision shall be effective only if made in writing and signed by the waiving party.

All notices under these Terms shall be in writing and shall be deemed duly given when sent to the email address associated with your account (for notices to you) or to hello@ofmfinances.com (for notices to us). You are responsible for keeping your account email address up to date.