Terms and Conditions

terms and conditions

STRYBE TERMS AND CONDITIONS

Effective Date: 9 September 2026

Version: 2.1

1. INTERPRETATION AND DEFINITIONS

1.1 Definitions

In these Terms and Conditions, unless the context otherwise requires:

"Account" means the user profile and associated credentials created by a User to access and use the Platform;

"Advertising Content" means any Content that promotes, endorses, or features a brand, product, service, or third party in exchange for payment, compensation, free products or services, or other valuable consideration;

"AI Tools" means any artificial intelligence, machine learning, or automated features made available by Strybe through the Platform, including features that draft, suggest, schedule, publish, price, moderate, summarise, or respond on a Creator's behalf;

"AI-Generated Content" means Content that has been created, generated, modified, enhanced, or significantly altered using artificial intelligence, machine learning, generative AI tools, deepfake technology, or similar automated or synthetic media generation tools;

"Apple" means Apple Inc. and its subsidiaries, and "App Store" means the Apple App Store;

"Call" means a paid voice or video call between a Subscriber and a Creator conducted through the Platform;

"Co-Authored Content" or "Collaborative Content" means Content that features, depicts, or includes individuals other than the Creator who uploaded it;

"Content" means any and all text, images, videos, audio recordings, graphics, data, information, materials, software, or other works of any kind uploaded, posted, transmitted, displayed, or otherwise made available by Users on or through the Platform;

"Creator" means a User who uploads Content to the Platform and may offer subscription-based, paid, or free access to such Content;

"Creator Price" means the amount a Creator sets for a subscription, product, or other paid item, being the amount the Creator is entitled to receive before any deductions expressly permitted under these Terms;

"Digital Product" means any file, download, or other electronically delivered item offered for sale by a Creator through the Platform, including training programs, guides, templates, plans, and media;

"Gift" means a voluntary payment sent by a Subscriber to a Creator through the Platform's gifting feature, by whatever name, tier, or denomination the Platform gives it from time to time;

"Indemnified Parties" means Strybe, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers;

"Intellectual Property Rights" means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, trade secrets, know-how, confidential information, and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967;

"Live Stream" means a real-time audio-visual broadcast by a Creator through the Platform, and includes any replay of that broadcast made available on the Platform;

"Paid Direct Message" means a message sent by a Subscriber to a Creator through the Platform's messaging feature for which the Creator has set a charge;

"Physical Product" means any tangible goods offered for sale by a Creator through the Platform;

"Platform" means the Strybe website, mobile applications, software, services, and all related technology and infrastructure operated by Strybe;

"Platform Fee" means the fee charged by Strybe in connection with payments processed through the Platform, calculated as set out in clause 4.1;

"Post Unlock" means a one-off payment by a Subscriber to access an individual item of Content that a Creator has designated as paid;

"Presentment Currency" means the currency in which the Purchase Price is displayed to, and charged to, a Subscriber;

"Purchase Price" means the total amount payable by a Subscriber at checkout, being the Creator Price plus the Platform Fee, applicable payment processing costs, and any applicable GST, as displayed before the Subscriber confirms the transaction;

"Subscriber" means a User who subscribes to, or purchases from, a Creator on the Platform, whether on a paid or free basis;

"Terms" means these Terms and Conditions, as amended from time to time;

"Strybe," "we," "our," or "us" means Sports Exclusive Pty Ltd ACN 684 430 895 trading as Strybe, a company incorporated in Australia; and

"User" or "you" means any individual or entity that creates an Account, accesses, browses, or uses the Platform in any capacity, including but not limited to Creators and Subscribers.

1.2 Interpretation

In these Terms, unless the context otherwise requires:

(a) headings are for convenience only and do not affect interpretation;

(b) words importing the singular include the plural and vice versa;

(d) references to persons include corporations, partnerships, joint ventures, associations, and other legal entities;

(e) references to any statute, regulation, or legislative provision include any statutory modification, consolidation, or re-enactment thereof; and

(f) where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

2. APPLICATION OF TERMS TO DIFFERENT USER TYPES

These Terms contain provisions that apply to different categories of Users:

(a) Some provisions apply to all Users, regardless of whether you are a Creator, Subscriber, or general user of the Platform;

(b) Some provisions apply specifically to Creators only (primarily set out in Section 5);

(d) Section 18 applies to the products and services that Creators may offer other than subscriptions, and Section 19 applies to Users of the iOS application;

(e) Throughout these Terms, the words "you" and "your" refer to the User reading these Terms. To determine whether a particular provision applies to you, refer to the section headings, subsection titles, and context of the provision. Provisions in sections specifically titled for Creators or Subscribers apply only to Users acting in that capacity; and

(f) If you use the Platform in multiple capacities (for example, as both a Creator and a Subscriber), you agree to comply with all provisions applicable to each role in which you are acting.

3. ACCEPTANCE AND BINDING EFFECT

3.1 Agreement to Terms

By creating an Account, accessing, browsing, or otherwise using the Platform in any manner, you acknowledge that you have read and understood these Terms, agree to be legally bound by them, and warrant that:

(a) you have the legal capacity and authority to enter into a binding contract;

(b) if you are accessing the Platform on behalf of a company, partnership, or other entity, you have the requisite authority to bind that entity to these Terms; and

(c) you meet the minimum age requirements set out in these Terms. If you are under 18 years of age, you acknowledge that certain restrictions apply to your use of the Platform as set forth in these Terms.

3.2 Breach and Consequences

Any breach of these Terms may result in immediate suspension or termination of your Account and access to the Platform, at Strybe's sole discretion and without prior notice, and without prejudice to any other rights or remedies available to Strybe at law, in equity, or under statute (including under the Australian Consumer Law).

4. PAYMENTS, FEES, AND FINANCIAL TERMS

4.1 Platform Fees Are Charged On Top, Not Deducted

Strybe operates on a fees-on-top model. The fee that funds the Platform is added to the Creator Price and paid by the Subscriber at checkout. It is not deducted from the Creator's earnings.

(a) Creator Price. A Creator sets the amount they wish to receive for a subscription, product, or other paid item. That amount is the Creator Price, and it is the amount displayed on the Creator's profile.

(b) Purchase Price. At checkout, the Subscriber is shown and pays the Purchase Price, being the Creator Price plus:

(i) the Platform Fee;

(ii) the payment processing costs applicable to the transaction; and

(iii) any GST or other tax payable on those amounts.

(c) GST. Where GST applies to the Platform Fee or to payment processing costs, the amount added at checkout is grossed up so that the amount remitted to the Creator is not reduced by that GST. Strybe is registered for GST in Australia and will issue tax documentation in accordance with Australian law.

(d) Transparency. The Purchase Price and its components are displayed to the Subscriber before the transaction is confirmed. No amount is charged that has not been shown at checkout.

(e) What the Creator receives. Subject only to the deductions expressly permitted in clause 5.4, the Creator receives the full Creator Price. Strybe does not take a commission out of the Creator Price.

(f) Changes to the fee structure. Strybe may modify the Platform Fee or the way fees are calculated at any time by providing at least fourteen (14) days' prior written notice to Users through the Platform or by email to the email address associated with their Account. Users who do not wish to accept the modified fee structure may terminate their Account in accordance with these Terms before the effective date of the change. Continued use of the Platform after the effective date constitutes acceptance of the modified fees. Any such change applies prospectively only from the effective date specified in the notice and does not affect fees already charged.

(g) Published rates. The current Platform Fee rate and fee structure are published on the Platform and accessible to Users at any time through account settings or the Platform's pricing pages. Strybe may also communicate fee information to Users in writing, including by email.

(h) Currency. Creator Prices are set in Australian dollars unless Strybe permits otherwise. Where the Platform displays and charges a Subscriber in another currency, the Purchase Price includes any currency conversion cost and any additional processing cost applicable to international or cross-border payments. Those amounts are shown at checkout and are paid by the Subscriber on top of the Creator Price. The Creator receives the Creator Price in Australian dollars and does not bear currency conversion cost or exchange-rate movement.

(i) Exchange rates. Exchange rates are determined by Strybe's payment processors at the time of the transaction and may differ from rates published elsewhere. Strybe does not warrant any particular rate. Refunds are made in the Presentment Currency for the amount originally charged, and Strybe is not liable for any difference arising from exchange-rate movement between the date of charge and the date of refund.

4.2 Purchases Made Through the Apple App Store

(a) Where a Subscriber purchases a subscription, unlock, gift, paid direct message, digital product, or any other in-app item through Strybe's iOS application, that transaction is processed by Apple through In-App Purchase and is subject to Apple's terms.

(b) Apple's commission and Apple's fixed price points mean that the in-app Purchase Price for an item may differ from the price for the equivalent item purchased on the web. The price applicable to your purchase is always the price shown to you at the point of purchase.

(c) Purchases made through Apple In-App Purchase are billed by Apple to your Apple Account. Subscription management, cancellation, and refund requests for those purchases are handled through your Apple Account settings and Apple's support channels, in accordance with Apple's policies. Strybe cannot cancel or refund an Apple transaction on your behalf.

(d) The Creator receives the Creator Price on Apple transactions on the same basis as clause 4.1(e), calculated after Apple's commission has been accounted for in the in-app price.

4.3 Subscription Terms

(a) Subscription fees for paid subscriptions are charged on a recurring basis in accordance with the billing cycle selected by the Creator (including but not limited to monthly, quarterly, or annually), unless the subscription is cancelled in accordance with these Terms.

(b) By subscribing to paid Content, Subscribers expressly authorise and consent to Strybe and its third-party payment processors charging the payment method nominated by the Subscriber on a recurring basis in accordance with the applicable billing cycle until the subscription is cancelled in accordance with these Terms. This authorisation constitutes a recurring payment authority under applicable payment card scheme rules and Australian banking regulations. This authorisation shall remain in effect until the subscription is cancelled. Subscribers may revoke this authorisation at any time by cancelling their subscription through their Account settings, through their Apple Account where the subscription was purchased through the App Store, or by contacting Strybe's customer support.

(c) It is the Subscriber's sole responsibility to cancel their subscription prior to the next billing date if they wish to avoid being charged for the next billing cycle. Subscribers acknowledge that Strybe is not responsible for charges incurred due to a Subscriber's failure to cancel their subscription in a timely manner.

4.4 Payment Processing

(a) All payments between Subscribers and Creators for Content accessed through the Platform must be processed through the Platform via third-party payment processors approved by Strybe, including but not limited to Stripe, Apple In-App Purchase, and other payment service providers as determined by Strybe in its sole and absolute discretion from time to time.

(b) Strybe acts solely as an intermediary platform facilitator for payment processing and does not itself provide banking, financial services, payment processing services, or financial advice. Strybe is not a party to the transaction between Creators and Subscribers.

4.5 Third-Party Payment Processor Disclaimer

(a) Strybe does not control and is not responsible for the actions, errors, omissions, or failures of third-party payment processors.

(b) To the fullest extent permitted by law, Strybe disclaims all liability and responsibility for:

(i) failed transactions;

(ii) payment processing delays;

(iii) chargebacks;

(iv) unauthorised transactions; or

(v) security breaches or data compromises occurring at the payment processor level.

(c) Users acknowledge and agree that their use of third-party payment processors is subject to the terms and conditions and privacy policies of those third parties.

4.6 Refunds and Consumer Guarantees

(a) All payments, subscription fees, and charges are final and non-refundable once paid, except as required by law or as otherwise set out in these Terms.

(b) Strybe may issue discretionary refunds on a case-by-case basis where exceptional circumstances warrant such a refund. Any discretionary refund granted does not constitute a waiver of this refund policy or create any obligation to grant similar refunds in the future.

4.7 Taxes

(a) Users are solely responsible for determining and paying any and all taxes, levies, duties, or assessments applicable to their use of the Platform or receipt of payments, including but not limited to income tax and, where applicable, goods and services tax (GST), value-added tax (VAT), or sales tax. Creators are responsible for determining whether GST or other taxes apply to the amounts they charge and for remitting any such taxes to the relevant authorities.

(b) Where Strybe is required by law to collect tax on a supply to a Subscriber (including GST, value-added tax, or sales tax in the Subscriber's jurisdiction), that tax is added to the Purchase Price and shown at checkout. It is not deducted from the Creator Price.

(c) Creators who are not resident in Australia are responsible for all tax obligations in their own jurisdiction, and acknowledge that Strybe may be required to withhold amounts or report payments to tax authorities where the law requires it.

4.8 Prohibition on Payment Circumvention and Direct Transactions

Users must not:

(a) attempt to bypass, circumvent, or otherwise avoid the Platform's payment processing systems;

(b) engage in off-platform transactions with other Users for the purpose of avoiding Platform Fees; or

5. CREATOR RIGHTS, OBLIGATIONS, AND PLATFORM USAGE

5.1 Creator Account Requirements

(a) To become a Creator and offer paid Content on the Platform, you must:

(i) complete the Creator onboarding process and provide all required information;

(ii) verify your identity as may be required by Strybe or its payment processors;

(iii) connect a valid payment account through Strybe's approved payment processor (for example, Stripe) to receive payouts; and

(iv) comply with all applicable laws, including tax and business registration requirements in your jurisdiction.

(b) Strybe reserves the right to approve or reject any Creator application in its sole and absolute discretion, without being required to provide reasons for such decision.

5.2 Creator Content Obligations

(a) Creators are solely and exclusively responsible for all Content they create, upload, publish, distribute, or make available through the Platform, and for ensuring such Content complies with all applicable laws and these Terms.

(b) Creators must ensure that their Content:

(i) complies with all provisions of Section 7 (Professional Conduct, Acceptable Use, and User Obligations);

(ii) is relevant to sports, health, fitness, wellness, or related educational purposes;

(iii) delivers value commensurate with the price charged;

(iv) does not contain misleading, deceptive, or false advertising; and

(v) respects the Intellectual Property Rights of third parties.

(i) upload placeholder, duplicate, or low-quality Content with the intent to defraud Subscribers;

(ii) promise Content or services that they do not intend to or cannot deliver; or

(iii) engage in any conduct that constitutes unfair or deceptive trade practices.

5.3 Pricing and Price Changes

(a) Initial Pricing: Creators have sole discretion to set their Creator Price when creating their Creator account, subject to any minimum or maximum pricing limits established by Strybe and, for in-app purchases, to the fixed price points made available by Apple.

(b) What is advertised: The price displayed on a Creator's profile is the Creator Price. The Purchase Price, including the Platform Fee, processing costs, and any GST, is displayed to the Subscriber at checkout before the transaction is confirmed.

(i) Creators may increase their Creator Price at any time by updating their account settings.

(ii) Price increases apply to new Subscribers immediately upon implementation.

(iii) For existing Subscribers, price increases take effect automatically at the start of their next billing date following the price change.

(iv) Strybe will send automated email notification to all affected existing Subscribers when a Creator implements a price increase, informing them of the current price, the new price, the date the new price takes effect, and their right to cancel the subscription at any time before the new price takes effect.

(v) Existing Subscribers may cancel their subscription at any time prior to their next billing date to avoid being charged the increased price.

(d) Price Decreases:

(i) Creators may decrease their Creator Price at any time.

(ii) Price decreases apply to new Subscribers immediately upon implementation.

(iii) For existing Subscribers, price decreases take effect at the start of their next billing date.

(iv) Strybe may send email notification to existing Subscribers informing them of the price decrease.

(v) No refunds or credits are issued to existing Subscribers who paid the higher price prior to a decrease.

(e) Frequency of Price Changes:

(i) Creators should exercise reasonable discretion when changing prices.

(ii) Creators may not increase prices more than once every ninety (90) calendar days for the same subscription tier, except where a price increase is required to comply with applicable tax law changes or regulatory requirements.

(iii) Strybe reserves the right to limit the frequency or magnitude of price changes if it determines that a Creator is engaging in abusive pricing practices designed to manipulate or defraud Subscribers.

(iv) This limitation does not apply to promotional pricing or temporary discounts.

(f) Promotional Pricing:

(i) Creators may offer promotional discounts, trial periods, or special pricing for limited periods.

(ii) The terms and conditions of any promotional pricing must be clearly disclosed to Subscribers.

(iii) Creators must honour all promotional pricing commitments made to Subscribers.

(g) Currency: All prices are denominated in the currency selected by the Creator at account setup, or as otherwise determined by Strybe based on the Creator's location.

5.4 Creator Earnings and Payouts

(a) Calculation of Earnings. Because Platform Fees are charged on top of the Creator Price under clause 4.1, Creator earnings are the Creator Price for each completed transaction, less only:

(i) any refunds, chargebacks, payment reversals, or disputed transactions, including any associated fees and costs;

(ii) any taxes required by law to be withheld; and

(iii) any amounts withheld under clause 5.4(d) or applicable law.

For the avoidance of doubt, Strybe does not deduct a commission, service charge, or platform fee from the Creator Price, and does not pass its own payment processing costs on to Creators by deduction.

(b) Payout Schedule.

(i) Strybe will use reasonable endeavours to remit Creator earnings on the 1st and the 15th of each month, subject to the terms of this agreement, the payment processor's terms and conditions, and any applicable regulatory requirements. Strybe is not liable for delays in payment caused by the payment processor, banking institutions, or circumstances beyond Strybe's reasonable control.

(ii) Creators must meet the minimum payout threshold before funds are released. The current minimum payout threshold is AUD $100. Strybe will provide Creators with at least thirty (30) days' written notice of any increase to the minimum payout threshold. Strybe may decrease the threshold at any time without notice.

(iii) Earnings that have not reached the minimum payout threshold on a payout date carry forward to the next payout date.

(iv) Earnings from purchases made through an app store's in-app purchase system (for example, Apple's App Store or Google Play) become available for payout only after the relevant app store has paid Strybe for the period in which the purchase was made. App stores pay on their own schedule, typically up to about 45 days after the end of their fiscal month, and these earnings are shown as pending until then. Once received by Strybe, they are paid on the next payout date under (i), subject to (ii). Strybe does not advance these earnings before it receives them, and a purchase refunded or reversed by the app store before release is not paid out.

(c) Payout Method. Payouts are processed to the payment account connected by the Creator (for example, a bank account or debit card) through Strybe's approved payment processor.

(d) Withholding for Disputes and Risk Management. Strybe reserves the right to withhold, delay, or place a reserve on payouts in the event of:

(i) suspected fraudulent activity;

(ii) pending disputes, chargebacks, or investigations;

(iii) breach of these Terms;

(iv) requests from law enforcement or regulatory authorities;

(v) unusual transaction patterns or volumes that suggest potential fraud or money laundering; or

(vi) any other circumstances where Strybe reasonably believes withholding is necessary to protect Strybe, other Users, or third parties from financial loss, reputational harm, or legal liability, or to comply with any actual or anticipated legal or regulatory obligation.

Strybe will use reasonable endeavours to notify Creators of any withholding within a reasonable timeframe and, where legally permissible and operationally practicable, provide reasons for the withholding. Strybe may withhold reasons where disclosure would compromise an investigation, violate a legal obligation, or prejudice Strybe's rights or interests.

(e) Adjustment for Refunds and Chargebacks.

(i) If a Subscriber receives a refund or successfully disputes a charge, the corresponding Creator Price, together with any related fees imposed by the relevant payment processor, card scheme, or financial institution, is deducted from the Creator's future earnings.

(ii) If a Creator's account has insufficient future earnings to cover any refunds, chargebacks, or associated fees or costs that have been advanced by, or are recoverable through, Strybe, the Creator must repay the amount to Strybe within thirty (30) days of written demand. The Creator acknowledges that this obligation constitutes a debt immediately due and payable to Strybe. Strybe may pursue collection of such amounts through any lawful means, and the Creator is responsible for all reasonable costs of collection, including legal fees on a solicitor-client basis, debt collection agency fees, and court costs. Interest accrues on any unpaid amounts at the rate prescribed under the Civil Proceedings Act 2011 (Qld) from the date of demand until payment in full.

(f) Payment Processor Account Fees.

(i) Certain third-party payment processors used by the Platform (including, without limitation, Stripe) may charge a recurring account, payout, or balance maintenance fee in respect of Creator accounts connected to that processor (Third-Party Account Fee). Any Third-Party Account Fee is set and charged by the relevant payment processor, not by Strybe.

(ii) Strybe does not add to, mark up, or take any share of a Third-Party Account Fee. Strybe's own Platform Fee is charged to the Subscriber at checkout under clause 4.1 and is never recovered from a Creator.

(iii) Where a Third-Party Account Fee applies, it is charged by the payment processor against the Creator's connected account in accordance with that processor's own terms. Strybe will, as a convenience only, summarise the current fees of its payment processors in its FAQs, help centre, or other Platform support materials, but any inconsistency between such summaries and the payment processor's own published fee schedules is resolved in favour of the payment processor's documentation.

(iv) The amount, timing, and structure of any Third-Party Account Fee are determined by the relevant payment processor and may be changed, withdrawn, or replaced by that processor from time to time in accordance with its own terms and policies. Strybe does not control and is not responsible for setting such fees.

(v) Persistent non-payment of any Third-Party Account Fee may result in restrictions, suspension, or termination of a Creator's connected payout account by the payment processor. To the extent such action prevents or materially impairs Strybe's ability to facilitate payouts or otherwise operate the Platform in respect of that Creator account, Strybe may suspend or terminate the Creator account upon fourteen (14) days' written notice.

(g) Meaning of "active Creator account". For the purposes of these Terms, an "active Creator account" is any Creator account on the Platform that:

(i) has uploaded Content to the Platform within the preceding twelve (12) months;

(ii) has at least one active Subscriber; or

(iii) has not been formally closed in accordance with clause 5.6.

5.5 Creator Conduct and Prohibited Activities

In addition to all other obligations under these Terms, Creators must not:

(a) Engage in off-platform solicitation: Attempt to direct, encourage, or solicit Subscribers to use external payment systems, websites, platforms, or direct payment methods for the primary purpose of circumventing Strybe's payment processing and fee structure for services, content, or transactions that would otherwise be provided through the Platform.

(b) Manipulate or spam: Create fake accounts, artificially inflate subscriber counts, engage in vote manipulation, use bots or automated systems to simulate engagement, or engage in any form of platform manipulation or artificial activity.

(c) Engage in deceptive practices: Make false or misleading claims about their credentials, experience, qualifications, or the nature of their Content.

(d) Harass or exploit Subscribers: Engage in any form of harassment, stalking, bullying, intimidation, solicitation of personal information beyond what is necessary for legitimate business purposes, or exploitation of Subscribers, including financial exploitation.

(e) Offer unauthorised professional services: You must not provide medical advice, legal advice, financial advice, or other professional services that require licensure under Australian law without holding the proper current licensure or qualifications. Where you provide professional services, you must include clear and prominent disclaimers as required by applicable law and maintain appropriate professional indemnity insurance as required by your professional regulatory body. This does not prohibit general fitness, nutrition, or wellness content that does not constitute professional medical or dietetic advice. You acknowledge that Strybe is not responsible for verifying your professional credentials and that you are solely responsible for ensuring compliance with all applicable professional licensing requirements and maintaining appropriate insurance coverage. You agree to indemnify Strybe against any claims arising from your provision of professional services through the Platform.

(f) Violate exclusivity obligations: If a Creator has entered into a written content exclusivity agreement with Strybe or a third party, they must honour such obligations in accordance with the terms of that separate agreement.

(g) Engage in collusion or market manipulation: Coordinate with other Creators to fix prices, exclude competitors, or engage in other anti-competitive conduct.

5.6 Creator Account Termination

(a) Voluntary Termination: Creators may close their Creator account at any time by following the account closure process in their account settings.

(b) Effect of Voluntary Termination:

(i) Upon voluntary termination, the Creator's Content will be removed from public view on the Platform, subject to any archival or legal retention obligations described in Strybe's Privacy Policy.

(ii) Existing Subscriber subscriptions will be cancelled immediately upon account closure, and no further charges will be made to Subscribers for subsequent billing periods.

(iii) The Creator will receive a final payout of any earned amounts in accordance with the payout schedule, minus any applicable deductions including chargebacks, refunds, disputed amounts, collection costs, or any other amounts payable to Strybe in accordance with these Terms. If the final payout amount is negative, the Creator must pay the outstanding balance to Strybe within thirty (30) days.

(iv) Strybe may retain the Creator's Content for archival, legal compliance, or dispute resolution purposes in accordance with its data retention policies and applicable law.

(c) Involuntary Termination: Strybe may terminate a Creator's account in accordance with Section 10 (Account Suspension, Termination, and Enforcement).

5.7 Co-Authored and Collaborative Content

(a) Warranties Regarding Co-Authored Content:

You represent, warrant, and undertake that each and every individual who appears in, performs in, or is otherwise featured or identifiable in any Co-Authored Content you upload is:

(i) a Creator on the Strybe Platform whom you have tagged or identified using any tagging, attribution, or collaboration tools made available by Strybe; or

(ii) an individual who is at least 18 years of age and for whom you have obtained and retain in your possession:

(A) valid, government-issued proof of identity and age verification (such as a driver's licence, passport, or national identity card);

(B) written, informed, and freely given consent, signed by that individual, expressly authorising you to upload, publish, distribute, and commercially exploit their appearance, image, likeness, voice, name, performance, and any other personal attributes on the Strybe Platform and in accordance with these Terms, including the licence granted to Strybe under clause 8.2; and

(C) acknowledgment from that individual that they understand the Content will be published on a paid platform and may be viewed by Subscribers.

(b) Documentation and Verification Requirements:

(i) You agree to maintain complete and accurate records of all consents, releases, proof of identity, and age verification documents for all individuals appearing in Co-Authored Content for a minimum of seven (7) years from the date of upload or for such longer period as required by applicable law.

(ii) You and each individual appearing in Co-Authored Content agree to promptly provide Strybe with any and all documents, information, or verification materials requested by Strybe to confirm compliance with this clause 5.7, including but not limited to copies of signed consent forms, government-issued identification, and releases.

(iii) Strybe reserves the right to request such documentation at any time, without prior notice, and you agree to provide such documentation within five (5) business days of request or such shorter period as Strybe may reasonably require in cases of suspected violation of law or these Terms.

If you, or any individual appearing in Co-Authored Content, fail or refuse to provide any information, documentation, or verification materials requested by Strybe under this clause 5.7, or if Strybe reasonably believes that you have not obtained proper consents or complied with the requirements of this clause, Strybe may, in its sole and absolute discretion and without liability to you:

(i) immediately restrict access to, disable, remove, or permanently delete the Co-Authored Content from the Platform;

(ii) suspend or restrict functionality of your Creator account, including your ability to upload new Content, receive new Subscribers, or access certain Platform features;

(iii) withhold, delay, or place a reserve on all or any portion of your Creator earnings until such time as you provide satisfactory documentation and Strybe determines, in its reasonable discretion, that you have complied with all requirements;

(iv) terminate your Creator account in accordance with Section 10 (Account Suspension, Termination, and Enforcement); and/or

(v) report suspected violations of law to relevant authorities, including but not limited to suspected violations of age verification requirements, consent requirements, or exploitation.

(d) Disputes and Liability Disclaimer:

(i) Strybe is not a party to, has no involvement in, and bears no responsibility for any agreement, arrangement, understanding, or relationship you may have with any individual or co-creator for the purpose of creating, producing, or sharing Co-Authored Content.

(ii) All disputes, claims, liabilities, or disagreements arising from or in connection with Co-Authored Content, including but not limited to disputes regarding revenue sharing, content ownership, consent, attribution, intellectual property rights, or any other matter, shall be resolved solely between you and the individual(s) who appear in or co-created the Co-Authored Content.

(iii) Any claims arising from Co-Authored Content shall be made exclusively against the Creator(s) who uploaded, posted, or appear in the Co-Authored Content, and not against Strybe.

(iv) To the maximum extent permitted by law and subject to any non-excludable rights under the Australian Consumer Law, you agree that you will not make any claims or bring any legal proceedings against Strybe arising from or in connection with Co-Authored Content, any co-creator relationship, or any dispute with individuals appearing in Co-Authored Content, and you hereby release and discharge Strybe, its officers, directors, employees, agents, and affiliates from any and all such claims, demands, liabilities, damages, losses, costs, and expenses.

(e) Withdrawal of Consent:

(i) Any individual who appears in Co-Authored Content may, at any time and for any reason, withdraw or revoke their consent to appear in that Co-Authored Content by notifying you or Strybe in writing.

(ii) Upon receipt of a withdrawal of consent from any individual appearing in Co-Authored Content, you must immediately remove or delete such Content from the Platform. If you fail to do so within twenty-four (24) hours of receiving notice of consent withdrawal, Strybe reserves the right to remove or delete the Co-Authored Content without further notice to you.

(iii) Strybe may, but is not obligated to, independently remove or delete Co-Authored Content where Strybe receives notice or otherwise becomes aware that an individual appearing in the Content has withdrawn their consent, without liability to you.

(iv) No refunds, credits, or compensation shall be issued to Creators for removal of Co-Authored Content due to consent withdrawal, and you acknowledge that consent withdrawal is an inherent risk of creating Co-Authored Content.

(f) Tagging and Attribution: Where Co-Authored Content features other Creators on the Strybe Platform, you are encouraged to use any tagging, attribution, or collaboration tools provided by Strybe to properly credit and identify co-creators. Proper attribution does not, however, relieve you of your obligations under this clause 5.7 to obtain and maintain all necessary consents and documentation.

(g) Revenue Sharing: Strybe is not responsible for any revenue sharing, payment splits, or financial arrangements between you and any co-creators or individuals appearing in Co-Authored Content. Any such arrangements are solely your responsibility and must be agreed upon and managed independently of Strybe.

5.8 Transparency and Disclosure Requirements

(a) Disclosure of Advertising Content:

(i) You must clearly and conspicuously disclose and label all Advertising Content you upload to the Platform by including in the caption, title, or description of the Content:

(A) a clear and unambiguous disclosure signifier such as #ad, #advertisement, #sponsored, #paidpartnership, or other equivalent term that clearly indicates to Subscribers that the Content is advertising or sponsored content;

(B) the name of the brand, company, product, or service being advertised; and

(C) the identity of the party who paid for, provided consideration for, or otherwise compensated you for the Advertising Content.

(ii) The disclosure must be:

(A) placed prominently at or near the beginning of the caption, title, or description so that it is immediately visible to Subscribers without requiring them to click "see more," expand text, or take any other action;

(B) written in clear, plain language that is easily understood by the average Subscriber;

(C) displayed in a font size, colour, and format that is clearly legible and not obscured by graphics, images, or other Content; and

(D) sufficient to ensure that Subscribers understand the commercial nature of the relationship between you and the advertiser.

(iii) You must not use vague, ambiguous, or unclear disclosure terms such as "collab," "partner," "thanks to," or similar language that does not clearly communicate to Subscribers that the Content is paid advertising.

(iv) Disclosures must comply with all applicable guidelines and standards issued by the Australian Competition and Consumer Commission (ACCC), including the ACCC's Influencer Marketing Guidance, and with any equivalent guidelines applicable in other jurisdictions.

(b) Disclosure of Material Connections and Conflicts of Interest:

You must disclose any material connection, relationship, affiliation, or conflict of interest between you and any brand, company, product, or service that you promote, endorse, or reference in your Content, including but not limited to:

(i) financial relationships (payment, commission, affiliate arrangements);

(ii) receipt of free products, services, or other valuable consideration;

(iii) employment, ownership, or equity interest in the brand or company; and

(iv) personal or family relationships with brand representatives.

Such disclosures must be made clearly and conspicuously in accordance with clause 5.8(a)(ii).

(i) You must clearly and conspicuously disclose and label any Content that has been created, generated, modified, enhanced, or significantly altered using artificial intelligence (AI), machine learning, generative AI tools, deepfake technology, or similar automated or synthetic media generation tools.

(ii) AI-Generated Content must be labelled in the caption, title, or description of the Content using a clear disclosure signifier such as #AI, #AIGenerated, #GenerativeAI, #SyntheticMedia, or other equivalent term that clearly indicates to Subscribers that the Content was created or modified using AI.

(iii) The disclosure must be placed prominently and must be immediately visible to Subscribers in accordance with the requirements in clause 5.8(a)(ii).

(iv) AI-Generated Content must not:

(A) deceive, mislead, or confuse Subscribers as to whether the Content depicts real individuals, real events, or real physical outcomes;

(B) create realistic depictions of identifiable individuals (including public figures, celebrities, or other Creators) without their express written consent;

(D) be used to create deepfakes, synthetic media, or other manipulated Content that violates any person's rights, dignity, or reputation; or

(E) breach any applicable laws relating to synthetic media, deepfakes, or AI-generated content.

(v) You acknowledge that AI-Generated Content may be subject to additional content moderation, restrictions, or removal at Strybe's discretion.

(d) Enforcement:

Failure to comply with the transparency and disclosure requirements set out in this clause 5.8 constitutes a breach of these Terms and may result in:

(i) removal or restriction of the non-compliant Content;

(ii) suspension or restriction of your Creator account;

(iii) withholding of Creator earnings;

(iv) termination of your Creator account in accordance with Section 10 (Account Suspension, Termination, and Enforcement); and/or

(v) referral or reporting to regulatory authorities, including the ACCC or other consumer protection agencies.

You acknowledge that non-disclosure of advertising relationships or AI-generated content may constitute misleading or deceptive conduct under the Australian Consumer Law and may expose you to legal liability.

6. SUBSCRIBER RIGHTS, OBLIGATIONS, AND SUBSCRIPTION MANAGEMENT

6.1 Subscriber Account Requirements

(a) To subscribe to or purchase Creator Content, you must:

(i) create a valid User Account;

(ii) provide accurate, current, and complete billing and payment information; and

(iii) authorise Strybe and its payment processors to charge your payment method on a recurring basis where you have taken out a subscription.

(b) You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs under your account, whether or not authorised by you. You agree to immediately notify Strybe of any unauthorised use of your account or any other breach of security.

6.2 Age and Eligibility

(a) You must be at least 18 years of age to:

(i) create an Account as a Creator;

(ii) subscribe to or purchase any paid Content on the Platform; or

(iii) make any payments through the Platform.

(b) You must be at least 16 years of age to create a free Account to browse and access free Content only. If you are between 16 and 18 years of age, you represent that you have reviewed these Terms with your parent or legal guardian, and that they have agreed to be bound by these Terms on your behalf. Users under 18 years of age must not provide payment information, purchase subscriptions, or access paid Content under any circumstances.

(c) Strybe may, at any time, request evidence of your age, identity, or parental/guardian consent and may immediately suspend or terminate your Account if such evidence is not provided within a reasonable time or if Strybe reasonably believes you have misrepresented your age.

(d) Parents and legal guardians who consent to use of the Platform by minors in their care are jointly and severally liable for all acts and omissions of such minors in connection with the Platform and agree to be bound by these Terms.

6.3 Subscription Terms and Billing

(a) Recurring Charges: By subscribing to a Creator, you authorise Strybe to charge your designated payment method automatically on a recurring basis (monthly, quarterly, annually, or as otherwise selected by the Creator) until you cancel your subscription.

(b) Billing Date: You will be charged on the date you initially subscribe and on the same day of each subsequent billing period.

(c) What you are charged: You are charged the Purchase Price displayed at checkout, which comprises the Creator Price plus the Platform Fee, applicable payment processing costs, and any GST. The Purchase Price is shown to you in full before you confirm the transaction.

(d) Payment Method Updates: You are responsible for keeping your payment information current and valid at all times. If your payment method expires or is declined, Strybe may suspend your access to subscribed Content and may cancel your subscription after reasonable notice.

(e) Failed Payments:

(i) If a payment fails, Strybe may retry the charge up to three (3) times over a period of up to ten (10) days and may suspend your access to the Creator's Content until payment is successful.

(ii) Repeated failed payments may result in automatic cancellation of your subscription.

(f) Apple purchases: Where you purchased through Strybe's iOS application, billing, renewal, and cancellation are managed by Apple through your Apple Account, and clause 4.2 applies.

6.4 Subscription Price Changes

(a) Notice of Price Increases:

(i) If a Creator increases their price, you will receive written notice via email to the email address associated with your Account at least 14 days before the price increase takes effect.

(ii) The email notification will state your current price, the new price, the effective date of the increase (your next billing date), and instructions on how to cancel if you do not wish to pay the increased amount.

(b) Effective Date of Price Increase: The new price takes effect automatically on your next billing date following the Creator's implementation of the price increase.

(i) Accept: Take no action, and the new price automatically applies on your next billing date.

(ii) Cancel: Cancel your subscription at any time before your next billing date to avoid being charged the increased amount.

(d) Cancellation Deadline: To avoid being charged the increased price, you must cancel your subscription before 11:59 PM AEST on the day immediately preceding your next billing date. If you cancel after being charged at the new price, no refund will be issued except as required by law or as set forth in clause 6.8.

(e) No Partial Refunds: If you cancel your subscription in response to a price increase, you will retain access to the Creator's Content until the end of your current billing period, but no partial refunds will be issued for the unused portion of your subscription except as required by law.

(f) Price Decreases:

(i) If a Creator decreases their price, the new lower price takes effect on your next billing date.

(ii) You may receive email notification of the price decrease.

(iii) You will not be entitled to refunds or credits for amounts paid at the higher price prior to the decrease, other than any amounts required to be refunded under applicable law.

(g) Checking Your Price: You can view your current price and next billing date at any time in your Account settings under "Subscriptions" or "Billing."

6.5 Subscription Cancellation

(a) Cancellation by Subscriber: You may cancel your subscription at any time through your account settings, through your Apple Account where the subscription was purchased through the App Store, or by contacting Strybe customer support.

(i) Cancellations take effect at the end of the current billing period.

(ii) You will retain access to the Creator's Content until the end of the paid period.

(iii) No refunds or partial refunds will be issued for the unused portion of your subscription period, except as required by law or as otherwise set out in these Terms.

(b) Cancellation by Creator:

(i) If a Creator closes their account, deletes their Content, or otherwise discontinues their service, your subscription will be automatically cancelled.

(ii) You will not be charged for subsequent billing periods.

(iii) Subject to your rights under the Australian Consumer Law, you may be entitled to a pro-rata refund for the unused portion of your current billing period, calculated from the date of Creator account closure, at Strybe's discretion.

(i) your payment method fails repeatedly;

(ii) you breach these Terms;

(iii) your account is suspended or terminated; or

(iv) the Creator's account is terminated or suspended.

6.6 Access to Content

(a) Subscription Period: Your subscription grants you access to the Creator's Content for the duration of your active subscription period only.

(b) Content Availability:

(i) Creators may add, modify, or remove Content at any time.

(ii) Strybe does not guarantee the availability of any specific Content or the continuation of any Creator's service.

(iii) If a Creator significantly reduces or eliminates their Content offerings, you may cancel your subscription in accordance with clause 6.5.

(c) No Download Rights: Unless expressly permitted in writing by the Creator or by a specific feature of the Platform, you must not download, copy, reproduce, redistribute, transmit, broadcast, display, sell, license, record, screen-record, screenshot, or otherwise capture, use, or exploit the Creator's Content outside of the Platform or for any purpose other than your personal, non-commercial viewing through the Platform.

(d) Streaming and Viewing Only: Your subscription grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to view and stream Content through the Platform for your own private, non-commercial use only.

(e) Recommender Systems and Content Discovery:

(i) Strybe may use recommender systems, algorithms, and automated decision-making tools to personalise your experience on the Platform and assist you in discovering Creator accounts and Content that may be of interest to you.

(ii) These recommender systems may display Creator accounts, Content, or suggestions on your home page, search results, or other areas of the Platform based on factors including but not limited to:

(A) Creator accounts that other Users with similar preferences, viewing history, or engagement patterns to yours have chosen to follow or subscribe to;

(B) your browsing history, viewing behaviour, subscription history, and interactions on the Platform;

(D) popularity, trending status, or engagement metrics of Creator accounts;

(E) geographic location or language preferences; and/or

(F) paid promotional placements by Creators or Strybe's business partners.

(iii) You acknowledge and agree that:

(A) recommendations are automated suggestions only and do not constitute endorsements, guarantees, or representations by Strybe regarding the quality, accuracy, safety, or suitability of any Creator or Content;

(B) Strybe is not responsible for the recommendations provided by its algorithms or for any Content, products, or services offered by recommended Creators;

(C) you are solely responsible for evaluating and deciding whether to follow, subscribe to, or engage with any recommended Creator or Content;

(D) recommender systems may use your personal information and behavioural data as described in Strybe's Privacy Policy.

(iv) Strybe reserves the right to modify, update, or discontinue its recommender systems at any time without notice. You may be able to customise or adjust certain recommendation preferences through your Account settings, where such functionality is available.

6.7 Subscriber Conduct

Subscribers must not:

(a) share account credentials or allow unauthorised individuals to access their subscription or view Content through their Account;

(b) record, screenshot, screen-record, download, reproduce, distribute, publicly display, create derivative works from, or otherwise copy Creator Content without express prior written permission from both the Creator and Strybe, or as expressly permitted by a specific Platform feature. You acknowledge that unauthorised copying or distribution of Content may constitute copyright infringement under the Copyright Act 1968 (Cth) and may result in civil and criminal penalties;

(d) harass, threaten, intimidate, stalk, or engage in unwelcome, excessive, or inappropriate contact with Creators, including but not limited to contact outside the Platform;

(e) attempt to reverse-engineer, decrypt, or bypass any technical protection measures implemented by the Platform;

(f) engage in chargebacks or payment disputes in bad faith or for fraudulent purposes; or

(g) violate any other provision of these Terms.

6.8 Content Disputes, Quality, and Refunds

(a) Content Quality: Strybe does not guarantee the quality, accuracy, or suitability of any Creator's Content for any particular purpose, except as required by law.

(b) Disputes with Creators: If you have a dispute with a Creator regarding Content quality, delivery, or any other issue, you should first attempt to resolve the matter directly with the Creator.

(c) Reporting Violations: If you believe a Creator is engaging in fraudulent, deceptive, or prohibited conduct, you may report them to Strybe at [email protected].

(d) No Guaranteed Resolution: Strybe is not obligated to mediate disputes between Subscribers and Creators but may investigate and take action in accordance with the Account Suspension, Termination, and Enforcement provisions of these Terms, without limiting any rights you may have to seek remedies under applicable law.

(e) General Refund Rule: Subject always to your rights under the Australian Consumer Law and any other non-excludable laws, all fees are otherwise non-refundable except as expressly stated in these Terms.

(f) Exceptions: Strybe may, in its discretion and in addition to any mandatory statutory obligations, issue refunds in the following circumstances:

(i) technical error resulting in duplicate charges;

(ii) unauthorised charges due to account compromise;

(iii) Creator account termination or significant Content removal within the first seven (7) days of a new billing cycle;

(iv) an extended period during which the Platform or the relevant Content was unavailable to you;

(v) a refund is payable under Section 18 in respect of a Paid Direct Message, Call, Live Stream, Digital Product, or Physical Product; or

(vi) other exceptional circumstances as determined by Strybe on a case-by-case basis.

(g) Refund Requests: To request a refund, contact Strybe at [email protected] with details of your request. Strybe will respond within a reasonable timeframe. Refunds for purchases made through Apple In-App Purchase must be requested through Apple.

(h) Chargeback Abuse:

(i) Filing fraudulent or bad-faith chargebacks (being chargebacks filed without first attempting to resolve the matter with Strybe or where there is no genuine dispute) is a violation of these Terms and may result in immediate account suspension or termination.

(ii) If you file a chargeback or payment dispute without first attempting to resolve the matter with Strybe through the refund request procedures set out in these Terms, your subscription may be immediately suspended or cancelled. Strybe reserves the right to permanently ban you from the Platform and to pursue recovery of any fees, costs, and damages incurred as a result of the chargeback, including but not limited to chargeback fees, administrative costs, and legal fees.

6.9 Auto-Renewal and Renewal Reminders

(a) Auto-Renewal: All subscriptions automatically renew at the end of each billing period unless you cancel prior to the renewal date.

(b) Renewal Reminders: Strybe may send email reminders prior to your subscription renewal date but is not obligated to do so. You remain responsible for managing your subscription regardless of whether you receive a reminder.

(c) Your Responsibility: It is your sole responsibility to cancel your subscription if you do not wish to be charged for the next billing period.

7. PROFESSIONAL CONDUCT, ACCEPTABLE USE, AND USER OBLIGATIONS

7.1 General Conduct Standards

Users must at all times:

(a) conduct themselves with integrity, professionalism, and in accordance with applicable laws and regulations;

(b) comply with all policies, guidelines, and standards published by Strybe from time to time; and

7.2 Prohibited Conduct

Without limitation, Users must not:

(a) engage in harassment, abuse, bullying, intimidation, or threatening behaviour toward any person;

(b) publish, transmit, or disseminate any Content that is defamatory, obscene, pornographic (noting that educational content relating to sexual health, reproductive health, anatomy, or wellness that is presented in a clinical, educational, or informational manner may be permitted subject to Strybe's content policies and applicable age restrictions), violent, discriminatory, hateful, racist, sexist, or otherwise offensive or unlawful, or that exploits, endangers, or harms minors in any way, or that contains malware, viruses, Trojan horses, or other harmful code;

(c) upload or distribute Content that promotes or incites violence, self-harm, suicide, eating disorders, illegal activity, extremism, or other dangerous or life-threatening activities;

(d) impersonate any person or entity, or falsely represent an affiliation with any person or organisation;

(e) engage in spamming, phishing, or other deceptive or fraudulent practices;

(f) interfere with, disrupt, or attempt to gain unauthorised access to the Platform, servers, networks, or systems connected to the Platform;

(g) use bots, scripts, automation tools, or any other automated means to manipulate, scrape, extract, or harvest data from the Platform, or to create accounts, submit content, or interact with the Platform without Strybe's express prior written permission;

(h) violate any applicable local, state, national, or international law or regulation, including but not limited to:

(i) engaging in money laundering, fraud, identity theft, or other financial crimes;

(ii) using the Platform to sell, distribute, or promote illegal goods, controlled substances, weapons, or counterfeit items; or

(iii) engaging in conduct that violates any applicable export control, sanctions, or trade embargo laws.

7.3 Content Standards and Reporting

(a) All Content uploaded to the Platform must:

(i) be relevant to and consistent with Strybe's purpose of facilitating sports, health, fitness, wellness, and related educational content;

(ii) not infringe upon the Intellectual Property Rights, privacy rights, personality rights, moral rights, or any other legal rights of any third party; and

(iii) be accurate, truthful, and not misleading in any material respect.

(b) Strybe encourages Users to report any violations of these Terms, unlawful conduct, or concerning behaviour occurring on the Platform by contacting [email protected]. Where reasonably practicable, Strybe will review such reports and may take appropriate action in accordance with these Terms and applicable law.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership of User Content

Users retain all ownership rights, title, and interest in and to the Content they create and upload to the Platform.

8.2 Licence Grant to Strybe

By uploading Content to the Platform, you hereby grant to Strybe a non-exclusive, perpetual (or for the maximum duration permitted by applicable law), irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable licence to:

(a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such Content on the Platform, in any media or format now known or hereafter developed, in connection with the operation, promotion, marketing, advertising, and improvement of the Platform and Strybe's business, including but not limited to use in promotional materials, advertisements, social media, press releases, and presentations to investors or potential business partners;

(b) sublicense the foregoing rights to third parties, including but not limited to hosting providers, content delivery networks, and other service providers necessary for the operation of the Platform.

Except to the extent prohibited by mandatory provisions of law that cannot be excluded by agreement (including but not limited to the moral rights provisions of the Copyright Act 1968 (Cth) where such rights cannot be waived), you unconditionally and irrevocably waive, and agree not to assert, any moral rights (including rights of attribution and integrity) or similar rights you may have under any applicable law to object to any treatment, alteration, modification, adaptation, or use of your Content by Strybe or its licensees or sublicensees in accordance with the licence granted in this clause 8.2. Where such moral rights cannot be waived under applicable law, you consent to the maximum extent permitted by law to any act or omission that would otherwise infringe those moral rights.

8.3 Representations and Warranties

By uploading Content, you represent and warrant that:

(a) you are the sole and exclusive owner of the Content or have obtained all necessary rights, licences, consents, and permissions to grant the licence set forth in clause 8.2;

(b) the Content does not and will not infringe, misappropriate, or violate any Intellectual Property Rights or other proprietary or legal rights of any third party;

(c) you have obtained all necessary consents, releases, and permissions from any individuals appearing in the Content, including any athletes, participants, or other persons, to use, reproduce, distribute, publicly display, and commercially exploit their image, likeness, voice, performance, name, and other personal attributes as contemplated by these Terms and the licence granted in clause 8.2, and you will provide evidence of such consents to Strybe upon request;

(d) if your Content includes or uses any third-party material (including but not limited to music, images, video footage, logos, trademarks, or other intellectual property owned by third parties), you have secured all rights, licences, written consents, and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on the Platform and by Strybe in accordance with the licence granted in clause 8.2; and

(e) the Content:

(i) is of satisfactory quality, taking into account any description of the Content, the price charged, and all other relevant circumstances, including any statement or representation which you make about the nature, quality, features, or benefits of the Content on your account, in your profile, or in any marketing or promotional materials;

(ii) is reasonably suitable for any purpose which a Subscriber has made known to you or which would be reasonably apparent from the nature of your account and Content offerings; and

(iii) is as described by you in all material respects, and any descriptions, representations, or promises you make about the Content are accurate, truthful, and not misleading.

8.4 Creator Liability for Warranty Breaches

You acknowledge and agree that you are liable for any breach of the warranties, representations, or statements in clause 8.3, and you agree to indemnify Strybe in accordance with Section 12 (Indemnification).

8.5 Strybe Intellectual Property

All Intellectual Property Rights in and to the Platform, including but not limited to:

(a) the "Strybe" name, logo, trademarks, service marks, trade names, and branding;

(b) the software, code, algorithms, databases, and technology underlying the Platform; and

are and shall remain the exclusive property of Strybe or its licensors.

8.6 Restrictions on Use

Users must not, without the prior written consent of Strybe:

(a) use, reproduce, modify, adapt, or exploit Strybe's trademarks, branding, or other Intellectual Property Rights;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform; or

(c) remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Platform.

8.7 Domain Names Containing Strybe Trademarks

(a) You may register or use domain names, subdomains, or URLs that contain the "Strybe" trademark, the "Strybe" name, or any confusingly similar term, variant, or misspelling (including but not limited to "Stribe," "Stryb," "Strybe," or phonetic equivalents) only if all of the following conditions are met:

(i) the domain name is registered by you personally or by an entity you own or control, and you are a Creator in good standing on the Strybe Platform;

(ii) the domain name redirects directly to your Strybe Creator account page or profile on the Platform and does not host any other content, services, or third-party links without Strybe's express written consent;

(iii) you obtain prior written permission from Strybe by submitting a request to [email protected] and providing details of the proposed domain name, its intended use, and confirmation that it will redirect to your Creator account; and

(iv) you sign and comply with a trademark licensing agreement provided by Strybe, which may include additional terms, conditions, quality control standards, and termination rights.

(b) If you fail to comply with any of these conditions, breach the licensing agreement, or if your Creator account is suspended or terminated for any reason, you must immediately cease use of the domain name and transfer or relinquish the domain registration to Strybe upon request.

(i) Strybe reserves the right to approve or reject any domain name request in its sole and absolute discretion, without being required to provide reasons;

(ii) any licence granted to use Strybe trademarks in domain names is non-exclusive, revocable at any time with or without notice, and personal to you and may not be transferred or assigned without Strybe's prior written consent;

(iii) you acquire no ownership rights, title, or interest in the "Strybe" trademark or any confusingly similar terms by virtue of registering or using such domain names; and

(iv) all goodwill and brand recognition generated by your use of the domain name shall inure solely to the benefit of Strybe.

(d) If you register, use, or traffic in any domain name containing the Strybe trademark or confusingly similar terms in breach of these Terms or without Strybe's written permission, Strybe reserves the right to:

(i) immediately terminate or suspend your Creator account and withhold any Creator earnings;

(ii) file a domain name dispute proceeding under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the .au Dispute Resolution Policy (auDRP) for Australian domain names, or any other applicable domain dispute resolution mechanism;

(iii) commence legal proceedings for trademark infringement, passing off, cybersquatting, or breach of contract under Australian law or the law of any other applicable jurisdiction, including seeking injunctive relief, damages, transfer of the domain name, and recovery of legal costs; and/or

(iv) report the conduct to domain registrars, hosting providers, or relevant authorities.

(e) You agree to indemnify and hold harmless Strybe from any claims, damages, losses, liabilities, or expenses (including legal fees) arising from your registration or use of any domain name containing the Strybe trademark or confusingly similar terms.

8.8 Enforcement of Creator Rights by Strybe

While Strybe does not own your Content, you hereby grant Strybe the right, but not the obligation, to act on your behalf to:

(a) submit notifications, takedown notices, or complaints of infringement (including of copyright, trademark, or other Intellectual Property Rights) to any third party, website, platform, hosting provider, search engine, or service provider that is hosting, distributing, or facilitating access to your Content without authorisation;

(b) enforce your Intellectual Property Rights in your Content against third parties who are infringing, misappropriating, or unlawfully using your Content outside the Platform; and

(c) take any other reasonable action to protect your Content from unauthorised use, reproduction, or distribution by third parties.

You acknowledge and agree that:

(i) Strybe is under no obligation to monitor, police, investigate, or take action against third-party infringements of your Content;

(ii) Strybe may, in its sole discretion, choose whether or not to submit infringement notifications or take enforcement action on your behalf;

(iii) Strybe shall not be liable for any failure or delay in detecting, reporting, or taking action against third-party infringement of your Content;

(iv) you retain the independent right to enforce your own Intellectual Property Rights and to submit your own infringement notifications to third parties; and

(v) any enforcement action taken by Strybe on your behalf does not create any relationship or fiduciary duty between you and Strybe, and creates only the limited agency relationship expressly set out in these Terms for the sole purpose of such enforcement action.

You agree to cooperate with Strybe and provide any information, documentation, or authorisation reasonably requested by Strybe within fourteen (14) days of such request to facilitate any enforcement action taken on your behalf, including but not limited to proof of ownership, evidence of infringement, and written authorisation to act on your behalf where required by third-party platforms or applicable law. Failure to provide such information within the specified timeframe may result in Strybe being unable to proceed with enforcement action on your behalf.

9. COPYRIGHT INFRINGEMENT AND CONTENT REMOVAL

9.1 Respect for Intellectual Property

Strybe respects the Intellectual Property Rights of others and expects all Users to do the same.

9.2 User Responsibility

Users are solely and exclusively responsible for ensuring that all Content they upload, post, or otherwise make available on the Platform:

(a) does not infringe any copyright, trademark, patent, trade secret, moral right, or other Intellectual Property Right of any third party; and

(b) complies with all applicable laws and regulations governing intellectual property and content distribution.

9.3 No Pre-Screening Obligation

(a) Strybe is not responsible for, does not control, does not endorse, and has no obligation to monitor any Content that you or any other User posts, uploads, or makes available through the Platform.

(b) Strybe does not pre-screen, monitor, review, or verify all Content prior to its publication on the Platform, but reserves the right to do so at its sole discretion. Strybe may use automated tools, artificial intelligence, and human review to detect and remove prohibited content.

(c) Strybe does not undertake any duty or obligation to monitor, police, or enforce compliance with intellectual property laws.

9.4 Right to Remove Content

Strybe reserves the right, in its sole and absolute discretion and without prior notice or liability to you, to:

(a) remove, disable access to, or take down any Content that:

(i) is alleged to infringe Intellectual Property Rights;

(ii) violates these Terms; or

(iii) is unlawful, harmful, or otherwise objectionable; and/or

(b) suspend or terminate the Account of any User who repeatedly uploads infringing Content, in accordance with clause 9.7 and any applicable laws.

9.5 Notice of Alleged Infringement

If you are the owner of, or are authorised to act on behalf of the owner of, Intellectual Property Rights and you believe that Content on the Platform infringes those rights, you may submit a notice of alleged infringement to Strybe at [email protected].

To be effective, a notice of alleged infringement must include:

(a) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;

(b) identification of the copyrighted work or other Intellectual Property Right claimed to have been infringed;

(c) identification of the allegedly infringing Content and sufficient information to locate it on the Platform (for example, a URL);

(d) your contact information, including name, address, telephone number, and email address;

(e) a statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notice is accurate and, to the best of your knowledge and belief, that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

9.6 Counter-Notice

Users whose Content has been removed may submit a counter-notice if they believe the removal was made in error or that they have the legal right to use the Content. Counter-notices must:

(a) identify the Content that has been removed and the location at which the Content appeared before it was removed;

(b) include a statement, made in good faith, that the User believes the Content was removed or disabled as a result of mistake or misidentification;

(d) include a statement that the User consents to Strybe providing the counter-notice (including their contact details) to the person who submitted the original infringement notice and, where applicable, to the matter being referred to the relevant authorities or courts.

Strybe may, but is not obliged to, restore the Content following receipt and assessment of a valid counter-notice, subject to applicable law.

9.7 Repeat Infringer Policy

Strybe maintains a policy of terminating, in appropriate circumstances and at Strybe's reasonable discretion, the Accounts of Users who are repeat infringers of Intellectual Property Rights.

9.8 Disclaimer of Liability

To the fullest extent permitted by law, Strybe bears no liability, responsibility, or obligation for:

(a) any copyright infringement, trademark violation, or other unlawful use of Content uploaded by Users;

(b) any claims, damages, losses, or liabilities arising from or related to User-uploaded Content; or

Users agree to indemnify Strybe and the Indemnified Parties in accordance with Section 12 (Indemnification) for any claims arising from:

(i) the Content they upload to the Platform;

(ii) their breach of these Terms;

(iii) their violation of any law, regulation, or third-party right; or

(iv) any dispute between them and any other User.

10. ACCOUNT SUSPENSION, TERMINATION, AND ENFORCEMENT

10.1 Right to Suspend or Terminate

Strybe reserves the right, in its sole and absolute discretion, to:

(a) suspend, restrict, limit, or deny access to any Account or portion of the Platform;

(b) permanently terminate any Account; and/or

at any time, with or without prior notice, and without liability to the User (except to the extent liability cannot be excluded under the Australian Consumer Law), in circumstances including but not limited to:

(i) breach of these Terms;

(ii) violation of applicable laws or regulations;

(iii) fraudulent, abusive, or harmful conduct;

(iv) conduct that Strybe, in its sole discretion, reasonably believes is prejudicial to the reputation, goodwill, or business interests of Strybe, its users, or the Platform; or

(v) at the request of law enforcement or regulatory authorities.

10.2 Effect of Termination

Upon termination or suspension of an Account:

(a) the User's right to access and use the Platform immediately ceases;

(b) Strybe may, but is not obligated to, delete or retain the User's Content in accordance with its data retention policies, Privacy Policy, and applicable law;

(d) Strybe may withhold, suspend, or delay any pending payments, withdrawals, or transfers to Creators or Users:

(i) pending investigation of suspected misconduct, breach of these Terms, or violation of applicable law;

(ii) until the resolution of any disputes, chargebacks, or claims;

(iii) to comply with legal or regulatory requirements; or

(iv) if required by payment processors or financial institutions.

Any amounts withheld may be used to offset amounts owed to Strybe or to satisfy claims or liabilities.

10.3 No Liability for Termination

To the fullest extent permitted by law, and without excluding, restricting, or modifying any non-excludable rights or remedies under the Australian Consumer Law, Strybe shall not be liable to any User or third party for any loss, damage, liability, or expense (including lost profits, revenue, data, or business opportunities) arising from or in connection with:

(a) the suspension, restriction, or termination of any Account;

(b) the removal, deletion, or disabling of any Content;

(d) any other enforcement action taken in accordance with these Terms,

regardless of whether such action was taken with or without notice.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Platform Provided "As Is"

Subject to any non-excludable consumer guarantees under the Australian Consumer Law, the Platform 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 law, Strybe disclaims all warranties, representations, and conditions, including but not limited to:

(a) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

(b) warranties arising from course of dealing or usage of trade;

(c) warranties that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

11.2 No Guarantee of Results

Strybe does not warrant, guarantee, or make any representations regarding:

(a) the amount of revenue, earnings, subscriber acquisition, subscriptions, or financial outcomes that Creators may achieve (if any), or the success of any Creator account;

(b) the quality, accuracy, reliability, or suitability of any Content or User-generated information; or

Users acknowledge that success on the Platform depends on numerous factors beyond Strybe's control, including but not limited to content quality, audience engagement, marketing efforts, and market conditions. Creators further acknowledge that their income is entirely dependent on their own efforts, content quality, and market factors beyond Strybe's control.

11.3 Third-Party Content and Services

Strybe is not responsible for and does not endorse any third-party content, websites, services, or products linked to or accessible through the Platform.

11.4 Limitation of Liability

To the maximum extent permitted by law, Strybe, its directors, officers, employees, agents, contractors, affiliates, and licensors shall not be liable for any:

(a) indirect, incidental, consequential, special, exemplary, or punitive damages;

(b) loss of profits, revenue, business opportunities, data, goodwill, or reputation; or

whether arising in contract, tort (including negligence), strict liability, or otherwise, even if Strybe has been advised of the possibility of such damages.

Strybe's total aggregate liability to any User for all claims arising out of or related to these Terms or the use of the Platform shall not exceed the greater of:

(i) the total amount of fees paid by the User to Strybe in the twelve (12) months preceding the event giving rise to liability; or

(ii) AUD $100.

Without limiting the generality of the disclaimers and limitations set out in this Section 11, and subject always to any non-excludable rights or remedies under the Australian Consumer Law or other applicable law, you acknowledge and agree that Strybe is not liable to you for:

(A) any copying, distribution, reproduction, republication, or infringement of your Content by third parties outside the Platform, including but not limited to unauthorised use of your Content on other websites, platforms, social media, or by any other means, even if such infringement occurs after your Content was uploaded to or made available through the Platform;

(B) any disclosure of your identity, personal information, contact details, location, or other private information by other Users or third parties without your consent, including conduct commonly known as "doxing," harassment, stalking, or privacy violations, whether occurring on or off the Platform; or

(C) any failure or inability by third parties to respect your privacy, confidentiality, or anonymity, or any resulting harm, loss, or damage you suffer as a result of such conduct.

You acknowledge that you use the Platform at your own risk and that you are solely responsible for protecting your own privacy, personal information, and anonymity, including by using pseudonyms, avoiding disclosure of identifying information, and taking appropriate security measures.

11.5 User Responsibility

Users acknowledge and agree that:

(a) they are solely responsible for all interactions, transactions, and relationships formed through the Platform;

(b) they use the Platform entirely at their own risk; and

(c) they should exercise caution, discretion, and independent judgment when relying on any Content or information obtained through the Platform.

11.6 Jurisdictional Limitations

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where these Terms purport to exclude, restrict, or limit Strybe's liability, such exclusions, restrictions, and limitations apply only to the extent permitted by law. Where Strybe's liability for breach of a non-excludable guarantee cannot be excluded but may be limited, Strybe's liability is limited to, at Strybe's option:

(a) in the case of goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of replacing or acquiring equivalent goods, or payment of the cost of having the goods repaired; or

(b) in the case of services, the resupply of the services or payment of the cost of having the services resupplied.

All disclaimers, limitations of liability, and exclusions throughout these Terms are subject to this clause.

11.7 Limitation Period for Bringing Claims

(a) Except where prohibited by applicable law, or any other law that prescribes a minimum limitation period that cannot be reduced by agreement, any claim, cause of action, or legal proceeding against Strybe, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, or service providers arising out of or in connection with these Terms, your use of the Platform, or any transaction or relationship between you and Strybe must be commenced within the earlier of:

(i) one (1) year after the date on which the claim or cause of action first arose; or

(ii) three (3) years after the date on which you first became aware, or reasonably should have become aware, of the facts, circumstances, or conduct giving rise to the claim or cause of action.

(b) Any claim or cause of action not brought within the applicable limitation period set out in clause 11.7(a) is permanently barred, expressly waived, and cannot be brought, pursued, or maintained in any forum or jurisdiction, to the maximum extent permitted by law.

(c) This limitation period applies to all claims and causes of action, whether arising in contract, tort (including negligence), statute, equity, or any other legal or equitable theory, and regardless of whether the claim seeks damages, injunctive relief, declaratory relief, specific performance, or any other remedy.

(d) You acknowledge and agree that the limitation period set out in this clause 11.7 is reasonable, commercially appropriate, and an essential term of these Terms, and that it does not deprive you of a reasonable opportunity to bring claims arising from your use of the Platform.

(e) Nothing in this clause 11.7 is intended to, or shall, exclude, restrict, modify, or reduce any limitation period or right to bring claims that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law, or any other applicable law.

(f) Where this limitation period cannot be enforced due to applicable law, the statutory limitation period prescribed by law shall apply.

(g) This limitation period is in addition to, and does not affect, any other defences, limitations, or exclusions of liability set out elsewhere in these Terms.

12. INDEMNIFICATION

12.1 User Indemnity

To the extent permitted by law and subject to any non-excludable rights under the Australian Consumer Law, you agree to indemnify, defend, and hold harmless Strybe, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all third-party claims, demands, actions, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees, costs of investigation, and expert witness fees) arising out of or in connection with:

(a) your use or misuse of the Platform;

(b) your breach of these Terms;

(c) your violation of any law, regulation, or third-party right, including without limitation any Intellectual Property Right, privacy right, or publicity right;

(d) any Content you upload, post, transmit, or otherwise make available through the Platform; and

(e) any dispute or issue between you and any other User or third party.

12.2 Defence and Settlement

Strybe reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with Strybe in asserting any available defences and shall not settle any such matter without Strybe's prior written consent. You shall not admit liability or make any statement that could prejudice Strybe's defence without Strybe's prior written consent.

13. PRIVACY AND DATA PROTECTION

13.1 Privacy Policy

Your use of the Platform is subject to Strybe's Privacy Policy, which is available on the Platform and is incorporated into these Terms by reference. Strybe will handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Platform, you acknowledge that you have been provided with access to the Privacy Policy and, where required by law, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

13.2 Data Security

While Strybe implements reasonable administrative, technical, and physical security measures designed to protect User data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, no system is completely secure. You acknowledge and accept the inherent security risks of transmitting information over the internet.

14. GOVERNING LAW AND JURISDICTION

14.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles.

14.2 Exclusive Jurisdiction

Each party irrevocably and unconditionally:

(a) submits to the exclusive jurisdiction of the courts of Queensland, Australia, and any courts competent to hear appeals from those courts; and

(b) waives any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

15. DISPUTE RESOLUTION

15.1 Informal Resolution

Prior to commencing formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute arising out of or in connection with these Terms through informal negotiation.

15.2 Mediation

If the dispute cannot be resolved through informal negotiation within thirty (30) days, the parties agree to participate in mediation administered by a mutually agreed mediator or mediation service in Queensland, Australia, before pursuing litigation.

15.3 Costs

Each party shall bear its own costs of dispute resolution unless otherwise agreed or ordered by a court or arbitrator.

16. AMENDMENTS AND MODIFICATIONS

16.1 Right to Amend

Strybe reserves the right to amend, modify, supplement, or replace these Terms at any time in its sole discretion.

16.2 Notice of Amendments

Strybe will provide notice of material amendments to these Terms by:

(a) posting the revised Terms on the Platform with a revised "Effective Date"; and/or

(b) sending notice to Users via email or through the Platform.

16.3 Continued Use Constitutes Acceptance

Your continued access to or use of the Platform following the posting of revised Terms constitutes your acceptance of and agreement to be bound by such revised Terms. If you do not agree to the revised Terms, you must immediately cease using the Platform and close your Account. Nothing in this clause 16.3 is intended to limit any rights you may have under the Australian Consumer Law or other non-excludable legislation.

17. GENERAL PROVISIONS

17.1 Waiver of Class Actions

To the extent permitted by applicable law, you agree that any dispute resolution proceedings, whether in court or arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You agree to waive any right to participate in a class action or class arbitration. If this waiver is found to be illegal or unenforceable, then this entire dispute resolution provision (except for the informal resolution and mediation provisions) shall be null and void, but the remainder of these Terms shall remain in full force and effect.

17.2 Entire Agreement

These Terms, together with any policies or guidelines incorporated by reference, constitute the entire agreement between you and Strybe regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

17.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

17.4 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Strybe's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.5 Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Strybe, and any attempted assignment without such consent shall be null and void. Strybe may assign, transfer, or delegate these Terms or any of its rights or obligations hereunder without restriction, including to any affiliate, successor, or purchaser of all or substantially all of Strybe's assets or business.

17.6 Force Majeure

Strybe shall not be liable for any failure, delay, or inability to perform any obligation under these Terms to the extent caused by events beyond Strybe's reasonable control, including but not limited to acts of God, war, terrorism, riots, civil unrest, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, storms, pandemics, epidemics, public health emergencies, strikes, labour disputes, work stoppages, power outages, telecommunications failures, internet service provider failures, network attacks, denial of service attacks, hacking, cyberattacks, failures or breaches of third-party service providers (including payment processors, hosting providers, and cloud service providers), government actions, changes in law or regulation, or any other force majeure event. During any such event, Strybe's performance obligations shall be suspended to the extent affected, and the time for performance shall be extended accordingly.

17.7 Notices

All notices, requests, consents, claims, demands, waivers, and other communications required or permitted under these Terms shall be in writing. Notices to Strybe shall be addressed to Sports Exclusive Pty Ltd ACN 684 430 895 using the details in Section 20. Notices to you shall be sent to the email address or physical address you provided during registration or as subsequently updated in your account settings. Notices shall be deemed given:

(a) when delivered personally;

(b) when sent by confirmed email (provided that email notice to you may be deemed given when sent to your registered email address, regardless of whether you actually receive or read it);

(c) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or

(d) one (1) business day after deposit with a nationally recognised overnight courier, specifying next day delivery.

You are responsible for maintaining current contact information in your account.

17.8 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Strybe. Neither party has authority to bind the other in any manner whatsoever. For the avoidance of doubt, if you are a Creator, you are an independent business operator who uses the Platform to distribute your own Content to your own Subscribers. You are not an employee, worker, agent, or contractor of Strybe. Strybe provides technology infrastructure and platform services to facilitate your business but does not direct, control, or supervise your content creation, business operations, or provision of services to Subscribers. You are solely responsible for all taxes, superannuation contributions, insurance, and other statutory obligations arising from your use of the Platform and any income you earn through your own business activities. Strybe does not provide any employment benefits, and you acknowledge that you are not entitled to workers' compensation, unemployment insurance, or any other employment-related benefits.

17.9 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination or expiration of these Terms, including but not limited to intellectual property ownership provisions, licences granted to Strybe, confidentiality obligations, payment obligations (including any fees, charges, or amounts owed for services rendered prior to or after termination), warranty disclaimers, representations and warranties, indemnity obligations, dispute resolution provisions, limitations of liability, and these survival provisions.

18. PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM

18.1 Application of this Section

(a) This Section applies to every product and service that a Creator may offer through the Platform other than a subscription, and applies in addition to, and does not limit, Sections 4, 5, 6, 7, and 8.

(b) Where a provision of this Section is inconsistent with a provision elsewhere in these Terms in relation to a particular product or service, the provision in this Section prevails to the extent of the inconsistency.

(c) Nothing in this Section excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law, or by any mandatory consumer protection law of the jurisdiction in which a Subscriber ordinarily resides, that cannot be excluded, restricted, or modified by agreement.

18.2 Strybe's Role

(a) Strybe operates the Platform. Strybe is not the seller, supplier, or provider of any product or service offered by a Creator through the Platform, and is not a party to the contract between a Creator and a Subscriber for any such product or service.

(b) Each product or service offered by a Creator through the Platform is supplied by that Creator. The Creator is solely responsible for its description, quality, fitness for purpose, lawfulness, delivery, and performance, and for compliance with all laws that apply to its supply.

(c) Strybe's obligations in relation to a product or service are limited to operating the Platform, displaying the offer, processing payment through its approved payment processors, remitting the Creator Price to the Creator in accordance with clause 5.4, and administering refunds in accordance with these Terms.

(d) Strybe may, but is not obliged to, require a Creator to provide evidence of their ability to supply any product or service before or after it is offered, and may remove any offer from the Platform at any time in accordance with Section 10.

18.3 One-Off Purchases Generally

(a) A Subscriber who purchases a Post Unlock, Gift, Paid Direct Message, Call, Live Stream access, Digital Product, or Physical Product makes a one-off purchase. Each one-off purchase is a separate transaction.

(b) The Purchase Price for a one-off purchase is displayed at checkout in accordance with clause 4.1 and is charged in full at the time the purchase is confirmed.

(c) A one-off purchase does not renew, does not create a subscription, and does not confer any ongoing right of access beyond what is stated at the point of purchase.

(d) A Subscriber must be at least 18 years of age to make any one-off purchase, and clause 6.2 applies.

(e) Where a Subscriber makes a one-off purchase through Strybe's iOS application, clause 4.2 and Section 19 apply, and any refund of that purchase must be sought through Apple.

18.4 Post Unlocks

(a) A Post Unlock grants the Subscriber a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to view the unlocked Content on the Platform for so long as the Content remains available on the Platform and the Subscriber's Account remains in good standing.

(b) A Post Unlock does not confer ownership of, or any Intellectual Property Rights in, the Content, and does not confer any right to download, record, copy, reproduce, or distribute the Content. Clauses 6.6(c) and 6.6(d) apply.

(c) A Creator may edit or remove Content at any time. Where a Creator removes Content within seven (7) days of a Subscriber unlocking it, or the Content is materially different from its description at the time of purchase, the Subscriber may request a refund under clause 6.8, and Strybe will ordinarily grant it.

(d) A Post Unlock is otherwise final and non-refundable once the Content has been made available to the Subscriber, except as required by law.

18.5 Gifts

(a) A Gift is a voluntary payment made by a Subscriber to a Creator as an expression of support.

(b) A Gift does not entitle the Subscriber to any goods, services, Content, access, response, acknowledgment, recognition, or other benefit of any kind, and no Creator is obliged to provide anything in return for a Gift. Any acknowledgment a Creator chooses to give is at the Creator's sole discretion.

(c) The names, icons, tiers, and denominations given to Gifts on the Platform are descriptive only and confer no status, rights, or entitlements.

(d) Gifts are final and non-refundable once sent, except as required by law or where clause 6.8(f)(i) or 6.8(f)(ii) applies.

(e) Gifts have no monetary value to the Subscriber once sent, are not redeemable or exchangeable for cash, credit, or any other item, are not transferable between Accounts, and do not accumulate as a balance.

(f) A Subscriber must not send a Gift using a payment method they are not authorised to use, must not send a Gift in order to solicit any conduct that breaches these Terms, and must not send a Gift on behalf of, or with funds provided by, a person under 18 years of age.

(g) A Creator must not solicit Gifts by means of any false or misleading statement, any representation that a Gift will secure a benefit that the Creator does not intend to provide, or any conduct that exploits a Subscriber.

18.6 Paid Direct Messages

(a) A Paid Direct Message entitles the Subscriber to send one message to the Creator at the rate the Creator has set at the time the message is sent. It does not entitle the Subscriber to a reply of any particular kind, length, or content.

(b) A Creator who enables Paid Direct Messages represents to Subscribers that they will read and respond to those messages within a reasonable time, and must use reasonable endeavours to do so.

(c) Where a Creator has not responded to a Paid Direct Message within seven (7) days of it being sent, Strybe will refund the Purchase Price of that message to the Subscriber automatically. A refund under this clause is deducted from the Creator's earnings in accordance with clause 5.4(e). Strybe may extend the period under this clause where the Creator has notified Strybe in advance of a period of unavailability and the Platform displays that unavailability to Subscribers.

(d) A response by the Creator of any length, sent through the Platform within the period in clause 18.6(c), discharges the Creator's obligation under clause 18.6(b) and no refund is payable under clause 18.6(c).

(e) Paid Direct Messages are subject to clause 6.7 and Section 7. Payment does not entitle a Subscriber to send any message that is unlawful, harassing, threatening, abusive, sexually explicit, or otherwise in breach of these Terms. Where a message is removed, or an Account is suspended or terminated, for such conduct, no refund is payable.

(f) A Creator may block a Subscriber from sending further Paid Direct Messages at any time. Blocking does not affect a Subscriber's entitlement under clause 18.6(c) in respect of a message already sent.

18.7 Calls

(a) Where a Creator offers Calls, a Subscriber purchases a Call of the duration, at the rate, and for the time stated at the point of booking.

(b) The terms on which a Call may be rescheduled or cancelled by the Subscriber are those displayed at the time of booking. A Subscriber who does not join a scheduled Call within the grace period stated at the time of booking, or within ten (10) minutes of the scheduled start time where no grace period is stated, is taken to have failed to attend and is not entitled to a refund unless the Creator agrees.

(c) Where a Creator does not join a scheduled Call within ten (10) minutes of the scheduled start time, or ends a Call materially before the purchased duration has elapsed without the Subscriber's agreement, Strybe will refund the Purchase Price of that Call to the Subscriber automatically, or, at the Subscriber's election made within seven (7) days, the Creator will reschedule the Call. A refund under this clause is deducted from the Creator's earnings in accordance with clause 5.4(e).

(d) Where a Call cannot proceed or is interrupted because of a failure of the Platform, Strybe will refund the Purchase Price of that Call or arrange for it to be rescheduled, at the Subscriber's election. Strybe is not responsible for a failure of the Subscriber's or the Creator's own device, software, or internet connection.

(e) Strybe does not record Calls. Neither participant may record, capture, screenshot, or transmit a Call, or any part of it, without the express prior consent of the other participant. Users are responsible for complying with the surveillance devices, listening devices, and privacy legislation applicable in their State, Territory, or country, and acknowledge that recording a private conversation without consent may be a criminal offence.

(f) Clauses 6.7 and Section 7 apply to conduct during a Call. Either participant may end a Call at any time where the other participant behaves in a manner that is unlawful, abusive, or in breach of these Terms. Strybe may suspend or terminate an Account, and may withhold, refund, or decline to refund payment, following a report of such conduct.

(g) A Call is not, and must not be represented as, a consultation with a licensed medical, health, legal, or financial professional unless the Creator holds the relevant current licence or registration, and clause 5.5(e) applies.

18.8 Live Streams

(a) A Creator may schedule and broadcast Live Streams. A scheduled Live Stream is an indication of the Creator's intention only, and is not a guarantee that the Live Stream will occur at that time, for any particular duration, or at all.

(b) Where a Subscriber has paid for access to a specific Live Stream that does not take place, Strybe will refund the Purchase Price of that access to the Subscriber automatically. Where a Live Stream is materially shorter than advertised or is terminated by the Creator without reasonable cause, Strybe may refund the Purchase Price in whole or in part under clause 6.8. A refund under this clause is deducted from the Creator's earnings in accordance with clause 5.4(e).

(c) Where a Live Stream is included in a subscription, a Subscriber's remedy for a Live Stream that does not take place is limited to any remedy available under clause 6.5 or the Australian Consumer Law, and no separate refund is payable.

(d) Strybe records Live Streams and may make the recording available on the Platform as a replay, for moderation and safety purposes, for dispute resolution, and to comply with law. By broadcasting a Live Stream, the Creator consents to that recording and grants Strybe the licence in clause 8.2 in respect of it. By appearing in, or contributing to, a Live Stream, including by voice, video, or chat, a Subscriber consents to being recorded and to the recording being made available as part of the replay.

(e) A Creator who broadcasts a Live Stream is responsible for everything that appears or is said in it, including the conduct and appearance of any other person, and clause 5.7 applies to any person other than the Creator who appears in the Live Stream.

(f) Live Stream chat is Content and is subject to clause 6.7 and Section 7. Strybe and the Creator may each remove any message and remove any participant from a Live Stream at any time.

(g) Subscribers must not record, capture, or retransmit a Live Stream or any part of it, and clauses 6.6(c) and 6.6(d) apply.

18.9 Digital Products

(a) A Digital Product is delivered electronically. Access to, or download of, a Digital Product is made available immediately on payment, or at the time stated at the point of purchase.

(b) On purchase, the Subscriber receives a limited, personal, non-exclusive, non-transferable, non-sublicensable licence to access and use the Digital Product for the Subscriber's own private, non-commercial purposes. Ownership of, and all Intellectual Property Rights in, the Digital Product remain with the Creator or the Creator's licensors.

(c) The Subscriber must not resell, redistribute, publish, share, lend, sublicense, or otherwise make the Digital Product available to any other person, and must not remove or alter any proprietary notice in it.

(d) The Creator warrants that the Digital Product is as described, is of acceptable quality, is fit for any purpose the Creator has stated, does not infringe the rights of any third party, and does not contain any malicious code.

(e) Because a Digital Product is delivered immediately, it is non-refundable once it has been made available to the Subscriber, except where the Digital Product is not delivered, is not as described, is faulty or unusable, or a refund is otherwise required by the Australian Consumer Law. Refund requests are made under clause 6.8.

(f) A Digital Product that contains training, nutrition, rehabilitation, or other health-related guidance is general information only, is not personalised advice, and is provided subject to clause 5.5(e) and Section 11. Subscribers should obtain appropriate professional advice before acting on it.

18.10 Physical Products

(a) Seller. Where a Creator offers Physical Products through the Platform, the Creator is the seller and supplier of those goods. The contract of sale is between the Creator and the Subscriber. Strybe is not the seller, importer, manufacturer, distributor, or supplier of the goods, holds no stock, and is not responsible for their manufacture, storage, packaging, dispatch, delivery, or condition.

(b) Creator obligations. A Creator who offers a Physical Product must:

(i) hold the goods, or be able to obtain them, before offering them for sale, and describe them accurately, including their nature, size, materials, condition, quantity, and any limitation or defect;

(ii) state the delivery method, the countries or regions the Creator will ship to, the shipping cost, and a realistic dispatch and delivery timeframe;

(iii) dispatch the goods within the stated timeframe or, where none is stated, within five (5) business days of the order, and provide tracking information to the Subscriber where available;

(iv) display a returns policy with the goods that is consistent with the Australian Consumer Law and with any mandatory consumer protection law of the jurisdiction to which the goods are shipped, and honour it;

(v) comply with all laws that apply to the sale, labelling, packaging, safety, export, and import of the goods, including product safety standards and any mandatory information standards; and

(vi) hold any licence, permit, registration, or approval required to sell the goods, and provide evidence of it to Strybe on request.

(c) Shipping. Shipping costs set by the Creator are added to the Creator Price and shown at checkout. Any customs duty, import tax, or other charge imposed at the destination is the responsibility of the Subscriber unless the Creator states otherwise at the point of sale.

(d) Prohibited goods. A Creator must not offer, and Strybe will remove, any goods that are unlawful to sell or possess, counterfeit, stolen, subject to a recall, dangerous, or that infringe the Intellectual Property Rights or other rights of any person, and must not offer weapons, ammunition, controlled substances, tobacco or vaping products, prescription medicines, therapeutic goods that require registration or listing the Creator does not hold, live animals, or any item that Strybe's payment processors prohibit.

(e) Risk and title. Risk in the goods passes to the Subscriber on delivery to the address nominated by the Subscriber. Title passes on payment of the Purchase Price in full.

(f) Non-delivery, damage, and faults. Where goods are not delivered within the stated timeframe, arrive damaged, are faulty, or are not as described, the Subscriber should contact the Creator through the Platform in the first instance. Where the matter is not resolved within fourteen (14) days, the Subscriber may notify Strybe at [email protected]. Strybe may, in its discretion and without admission of liability, refund the Subscriber in whole or in part and recover the amount from the Creator in accordance with clause 5.4(e).

(g) Consumer guarantees. Goods sold through the Platform to consumers carry guarantees under the Australian Consumer Law that cannot be excluded, including guarantees that the goods are of acceptable quality, fit for any disclosed purpose, and match their description. Those guarantees are the responsibility of the Creator as the seller. Nothing in these Terms limits them.

(h) Returns. Where a Creator's returns policy is displayed with the goods, returns are governed by that policy and by the Australian Consumer Law. Where no policy is displayed, returns are governed by the Australian Consumer Law alone. A Creator must not represent that a Subscriber has no right to a refund, replacement, or repair where the Australian Consumer Law confers one.

(i) Indemnity. A Creator who offers Physical Products indemnifies Strybe in accordance with Section 12 for all claims, losses, costs, and liabilities arising from or in connection with those goods, including claims relating to product safety, product liability, misdescription, non-delivery, customs and import compliance, and consumer guarantees.

18.11 AI Tools

(a) Strybe may make AI Tools available to Creators. AI Tools may draft Content, captions, and messages, suggest prices and schedules, summarise activity, and, where a Creator enables it, publish Content, send messages, adjust prices, or take other actions on the Creator's behalf.

(b) A Creator controls which actions, if any, an AI Tool may take automatically, and may change those settings at any time through their Account. Until a Creator enables an automatic action, AI Tools produce suggestions only, and nothing is published, sent, or changed without the Creator's approval.

(c) Where a Creator enables an AI Tool to take an action automatically, the Creator authorises Strybe to take that action on the Creator's behalf, and everything published, sent, or changed by the AI Tool within the scope the Creator has enabled is treated for all purposes under these Terms as the act of the Creator. The Creator is bound by it as if the Creator had done it personally, including in relation to Section 5, Section 7, Section 8, and clause 5.8.

(d) The Creator remains solely responsible for reviewing output produced by AI Tools, for everything published, sent, or changed through them, and for ensuring that it complies with these Terms and with applicable law, including the disclosure obligations in clause 5.8(c) where the output is AI-Generated Content.

(e) Strybe does not warrant that output produced by AI Tools is accurate, complete, current, lawful, original, free from bias, or suitable for any purpose. To the maximum extent permitted by law, and subject to clause 11.6, Strybe is not liable for any loss, damage, claim, or liability arising from a Creator's use of, reliance on, or enabling of AI Tools, including any action taken automatically within the scope the Creator has enabled.

(f) Strybe may suspend, limit, or withdraw any AI Tool, or any automatic action, at any time, and may decline to take, or reverse, any automatic action that Strybe reasonably considers may breach these Terms or applicable law, without liability to the Creator.

(g) Strybe may process Platform data, including Content and messages, to operate, train, evaluate, and improve AI Tools, in accordance with the Privacy Policy. Strybe will not use a Creator's Content to train AI models for the purpose of generating content that imitates that Creator's identity, likeness, or voice without the Creator's express consent.

(h) Subscribers acknowledge that messages, Content, and other communications received from a Creator may have been produced or sent with the assistance of AI Tools.

18.12 Availability, Suspension of Billing, and Credits

(a) Strybe does not warrant that the Platform, or any product or service offered through it, will be available at all times or without interruption. The Platform may be unavailable for maintenance, upgrades, migration, technical failure, action by a third-party provider, or events beyond Strybe's reasonable control, and clause 17.6 applies.

(b) Where the Platform, or a material part of it, is unavailable to Subscribers generally for an extended period, Strybe may suspend billing on affected subscriptions until the Platform is restored. Suspension of billing under this clause does not cancel the subscription, does not affect the Subscriber's relationship with the Creator, and does not entitle the Creator to payment for the suspended period. The subscription resumes, at the price then applicable under clause 6.4, on the date billing recommences, unless the Subscriber cancels in the meantime.

(c) Where a Subscriber has paid for a period during which the Platform, or the Content the Subscriber paid for, was unavailable to that Subscriber for an extended period, Strybe may credit the Subscriber with an equivalent period of access when the Platform or Content is restored, in place of a refund. A Subscriber who would prefer a refund may request one under clause 6.8, and Strybe will consider the request in good faith having regard to the length of the unavailability and any remedy the Subscriber is entitled to under the Australian Consumer Law.

(d) Strybe will use reasonable endeavours to notify affected Users of any suspension of billing, any credit applied, and the date on which billing recommences.

(e) This clause does not limit any right or remedy a Subscriber has under the Australian Consumer Law or any other law that cannot be excluded.

19. ADDITIONAL TERMS FOR THE APPLE APP STORE

(a) This Section applies to the extent you access the Platform through Strybe's iOS application downloaded from the App Store, and applies in addition to clause 4.2.

(b) These Terms are between you and Strybe only, and not with Apple. Strybe, not Apple, is solely responsible for the iOS application and its content.

(c) The licence granted to you to use the iOS application is limited to a non-transferable licence to use the application on an Apple-branded product that you own or control, as permitted by the usage rules set out in Apple's Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

(d) Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the iOS application.

(e) In the event of any failure of the iOS application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Strybe's responsibility to the extent provided in these Terms.

(f) Strybe, not Apple, is responsible for addressing any claim by you or any third party relating to the iOS application or your possession or use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, in each case to the extent provided in these Terms and subject to clause 11.6.

(g) In the event of any third-party claim that the iOS application, or your possession and use of it, infringes that third party's intellectual property rights, Strybe, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim, to the extent required by these Terms.

(h) You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

(i) You must comply with any applicable third-party terms of agreement when using the iOS application.

(j) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS application, and upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

(k) Purchases made within the iOS application are subject to Apple's terms, and clause 4.2 governs pricing, billing, cancellation, and refunds for those purchases.

20. CONTACT INFORMATION

If you have any questions, concerns, or complaints regarding these Terms or the Platform, please contact Strybe at:

Sports Exclusive Pty Ltd ACN 684 430 895 trading as Strybe

Email: [email protected]

Postal address: c/- Dib & Associates Accountants, Nexus Towers, Suite 17, 105 Scarborough Street, Southport QLD 4215, Australia