Creator agreement

1. Parties, acceptance and electronic signature

This Creator Agreement ("Agreement") is a binding contract between MD WATER LLC, a Florida limited liability company doing business as Karina XO ("Platform", "we", "us") and the individual who signs it below ("Creator", "you"). It governs your use of karinaxo.com, its apps, and related services (the "Service") as a creator.

You sign this Agreement electronically by typing your full legal name and checking the acceptance box. You agree that your electronic signature is the legal equivalent of your handwritten signature and has the same force and effect under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Florida Uniform Electronic Transaction Act (Fla. Stat. § 668.50). You consent to receive this Agreement, notices, and records electronically. We record your name, email, account ID, IP address, device/browser, date and time, the agreement version, and a fingerprint (SHA-256) of the exact text you signed, and email you a copy.

This Agreement incorporates the Terms of Use, Privacy Policy, Content Protection Agreement, and Community Guidelines posted on the Service. If they conflict, this Agreement controls for creator matters.

2. Eligibility, identity and records

You are at least 18 years old (or the age of majority where you live, if higher) and legally able to enter this Agreement. You will complete government ID verification before publishing content or taking bookings, and re-verify on request. All information you give us is true and kept current.

Every person who appears in any content you upload is at least 18 years old at the time of creation, has given you written, informed, and voluntary consent to be recorded and to have the content distributed and sold on the Service, and has signed a release you keep on file. You will keep age and identity records for every performer as required by 18 U.S.C. § 2257 and 28 C.F.R. Part 75 and any similar law, and provide copies to us within 48 hours of request. We may remove any content for which records are not provided.

3. Independent contractor

You are an independent contractor, not an employee, partner, agent, or joint venturer of the Platform. You control when, whether, and what you create, and you supply your own equipment. You are solely responsible for all taxes on your earnings and for any licenses your activities require where you live or work. You will provide a completed IRS Form W-9 (or W-8, if applicable) before your first payout; we may withhold payouts until it is received and may issue a Form 1099.

4. Payments, revenue share and payouts

Fans pay the Platform, not you. All fan payments (subscriptions, unlocks, bookings, tips, custom requests, and passes) are collected by MD WATER LLC into its own accounts through payment methods the Platform chooses (currently Zelle and Cash App). You appoint the Platform as your limited agent to collect these payments, and a fan's payment to the Platform satisfies the fan's obligation to you.

Revenue share: you earn 85% of Net Revenue from your content and bookings; the Platform keeps 15%. "Net Revenue" means amounts actually received and cleared by the Platform, minus refunds, reversals, chargebacks, payment fees, and taxes collected. We may change the split or fees with 30 days' notice; changes apply only to sales after the effective date.

Payouts: we pay your earned share by a method we choose (for example Zelle, Cash App, or bank transfer) to the account you register, typically within 14 days after the end of each calendar month, once your balance is at least $50. Our transaction records determine the amounts owed, absent clear error. You must dispute a payout in writing within 60 days of the payout date or the payout is final.

Holds and set-off: we may hold payouts for up to 90 days (or longer while an investigation, dispute, chargeback, legal claim, or suspected breach is open). We may deduct from any payout any amount you owe us — including refunds, chargebacks, fees, advances, amounts owed for services we provided to you, and damages from your breach of this Agreement. If deductions exceed your balance, you will pay the difference within 30 days of our invoice.

5. Your content and the license you grant

You keep ownership of the copyright in your content. You grant the Platform a worldwide, non-exclusive, royalty-free, transferable, and sublicensable (to our hosting, payment, and technology providers) license to host, store, copy, reproduce, transcode, format, display, perform, distribute, and sell access to your content on and through the Service, and to use your approved stage name, likeness, teasers, previews, and profile media to promote you and the Service.

The license lasts while your account is active and afterwards as needed to: (a) keep providing access that fans already paid for through the end of their paid period; (b) keep non-public archive copies for legal, tax, compliance, fraud-prevention, and dispute purposes; and (c) enforce this Agreement.

Removal: you may unpublish content from your Studio. Unpublished or "deleted" content is archived, not destroyed — it is hidden from the public but kept privately by the Platform as a record. You will not delete or remove content to avoid a sale, refund obligation, or dispute. If you ask us in writing to take down all your content, we will unpublish it within 10 business days and keep only private archive copies as described above.

You waive any moral rights and any right to approve the technical formatting of your content, and you release the Platform from claims for invasion of privacy or right of publicity arising from uses permitted by this Agreement.

6. Your promises about content

You promise that you own or have licensed all rights to your content (including music, images, and anything created by others); that it is lawful where you live and in the United States; that it does not show anyone under 18, anyone who did not consent, non-consensual acts, incest, bestiality, violence resulting in injury, intoxicated persons unable to consent, or anything else banned by the Community Guidelines; and that it does not infringe anyone's copyright, trademark, privacy, or publicity rights.

7. Bookings, domination and in-person sessions

You may offer paid time with fans, including video calls, role-play, and domination sessions, virtually or in person. All sessions are entertainment and companionship only. You will never offer, sell, or perform sexual intercourse, sexual contact, or any sexual act for payment, and you will not engage in nudity or sexual contact at in-person sessions. You will not use the Service for prostitution, escorting, solicitation, or human trafficking. Violations void all payouts from the session and may be reported to law enforcement.

In-person sessions must take place in a public place or a lawful venue. You are solely responsible for your own safety, for obeying the laws of the place where a session happens, and for any venue costs. The Platform is not a party to sessions and does not supervise them.

You will attend every session you accept, on time. If you cancel or do not show, the fan may be refunded and the refund plus any fees will be deducted from your payouts. Repeated no-shows may lead to suspension.

8. Non-circumvention and fan relationships

Fans you meet through the Service are the Platform's customers, and fan lists, contact details, and purchase data are the Platform's confidential business information. During this Agreement and for 12 months after it ends, you will not ask, encourage, or accept any fan you met through the Service to pay you outside the Service (including by Cash App, Zelle, PayPal, Venmo, crypto, gift cards, OnlyFans, Fansly, or any other site) and you will not share fan information with anyone.

If you break this section, you agree to pay the Platform, as liquidated damages and not a penalty, the platform share (15%) of every off-Service payment you received from that fan, or $500 per fan, whichever is greater, because the Platform's actual loss would be hard to measure. We may deduct this from your payouts. The Platform has a legitimate business interest in these customer relationships under Fla. Stat. § 542.335.

9. Platform rights

We may, at our discretion and without liability to you: review, refuse, unpublish, age-gate, or remove any content; set minimum and maximum prices; change, add, or remove features; freeze or suspend your account or content (including preventing edits and deletion) while we investigate a complaint, dispute, or suspected breach; and cooperate with law enforcement, payment providers, and hosting providers.

10. Chargebacks, refunds and fraud

We decide refunds in our reasonable discretion. Amounts refunded or charged back are deducted from your earnings. You will not create fake accounts, buy your own content, or arrange purchases to move money through the Service. Suspected fraud voids the related earnings.

11. Confidentiality and non-disparagement

You will keep confidential any non-public information about the Platform, its business, payment accounts, pricing, and technology. You will not publish false statements of fact about the Platform. This does not limit your right to report illegal activity to authorities or to make truthful statements required by law.

12. Term and termination

This Agreement starts when you sign and continues until ended. You may end it with 14 days' written notice to info@karinaxo.com. We may end or suspend it at any time, immediately if you breach it. After termination, we will pay your remaining earned balance, minus holds and set-offs, on the next regular payout date after any open holds expire. Sections 4 (holds and set-off), 5, 6, 8, 10, 11, 13, 14, 15, and 16 survive termination.

13. Indemnity

You will defend, indemnify, and hold harmless MD WATER LLC, its members, managers, contractors, and service providers from all claims, losses, fines, damages, and costs (including reasonable attorneys' fees) arising from your content, your sessions, your breach of this Agreement, your violation of any law, or any claim by a person who appears in your content.

14. Disclaimers and limitation of liability

The Service is provided "as is" and "as available". We do not guarantee any level of earnings, traffic, or uptime. To the fullest extent the law allows, the Platform is not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, and its total liability to you for any claim is limited to the platform share it earned from your sales in the 3 months before the claim arose.

15. Disputes, governing law and arbitration

This Agreement is governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules.

Any dispute arising out of or relating to this Agreement will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Florida, before one arbitrator. Judgment on the award may be entered in any court with jurisdiction. You waive any right to a jury trial and to bring or join any class, collective, or representative action. Either party may bring an individual claim in small-claims court. The Platform may seek an injunction in the state or federal courts located in Florida to protect its intellectual property, confidential information, or customer relationships, and you consent to their jurisdiction.

In any action to enforce this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

16. General

This Agreement (with the documents it incorporates) is the entire agreement between us about its subject and replaces any earlier oral or written understanding. We may update this Agreement by posting a new version and asking you to sign it; if you do not sign, we may end your creator access. You may not assign this Agreement; we may assign it to an affiliate or a successor. If any part is found unenforceable, it will be enforced to the maximum extent allowed and the rest remains in effect. Our failure to enforce a term is not a waiver. Notices to you go to your account email; notices to us go to info@karinaxo.com.