1. Who these terms apply to
These Terms of Service (“Terms”) form a binding contract between you and the operator of elGoony. By creating an account, clicking “I agree”, or otherwise accessing or using the Service, you accept these Terms and our Privacy Policy, Cookie Policy, and Acceptable Use Policy. If you do not agree, you must not use the Service.
2. Eligibility & 18+ requirement
elGoony is an adult-oriented platform. You may only register, browse, purchase, or otherwise use the Service if all of the following are true:
- You are at least 18 years old and of full legal age in your country and place of residence.
- You are legally permitted to view adult content where you access the Service.
- You are not subject to any sanctions list, and you are not located in a jurisdiction where the Service is prohibited.
- You have the legal capacity to enter into this contract.
Age is confirmed at sign-up via a self-declaration age-gate, supported by checks on the payment instrument used at first paid action. We may, at any time, require additional age or identity re-verification through a third-party verification provider. Accounts belonging to minors or to persons who provided false age information will be terminated and any wallet balance forfeited to the extent permitted by law.
3. Your account
You are responsible for all activity under your account, for keeping your credentials confidential, and for notifying us promptly at support@elgoony.com of any suspected unauthorised access. You may not transfer, sell, or share your account. We may refuse registration, suspend, or terminate any account at our reasonable discretion, including for breach of these Terms or the Acceptable Use Policy.
4. The Service in plain terms
elGoony lets adult users discover independent adult creators, take out recurring subscriptions, top up a Service wallet, and unlock specific creator content or membership tiers (including access to closed creator-managed communities on third-party messaging platforms). We provide the platform, the wallet, the checkout, and the support infrastructure. Creators provide and are solely responsible for their content.
5. Payments, wallet, subscriptions and pay-to-unlock
5.1 Payment methods
Payments are processed through regulated EU/EEA payment service providers, voucher-based prepaid payment providers and/or crypto payment processors. Available methods depend on your region; the checkout shows what is available to you. Card statements and payment descriptors are kept generic and never reference adult terms.
5.2 Wallet top-ups
Funds added to your Service wallet are a prepaid balance usable only inside elGoony. The wallet is not a deposit account, does not earn interest, and is not a payment instrument issued to third parties. Top-ups are executed immediately upon successful payment.
5.3 Subscriptions
Subscriptions renew automatically at the end of each billing period using your selected payment method or wallet balance, until you cancel. You can cancel at any time from your Billing page; cancellation takes effect at the end of the current paid period, and you keep access until then.
5.4 Pay-to-unlock and one-off purchases
Some content or community access can be purchased as a one-off unlock. Once an unlock is delivered, it is treated as a digital service that has begun to be supplied (see Section 6 on withdrawal).
5.5 Pricing, taxes and currency
Prices include EU VAT where applicable. You are responsible for any local taxes, fees or charges your bank, card issuer or wallet provider imposes. Currency conversion is performed by your payment provider at their rates.
5.6 Chargebacks
We ask you to contact support@elgoony.com before initiating a chargeback with your bank or card issuer, so we can try to resolve the issue promptly. We reserve the right to present evidence in any chargeback investigation, and to restrict accounts where we have evidence of fraudulent or abusive chargeback activity. Nothing in this section is intended to limit your statutory consumer remedies.
6. EU right of withdrawal and refunds
As an EU consumer you have a statutory 14-day right of withdrawal from distance contracts. For digital content and digital services supplied without a tangible medium (subscriptions, pay-to-unlock purchases, community access, and the spending of wallet funds), by completing checkout you:
- expressly request that performance begin immediately, before the 14-day withdrawal period ends; and
- acknowledge that you thereby lose your right of withdrawal once performance has begun, in accordance with Article 16(m) of Directive 2011/83/EU.
This waiver applies only to the spending of funds, not to a wallet top-up deposit itself. As an additional contractual right we grant on top of your statutory rights, an unspent wallet balance can be refunded on request, net of any non-recoverable payment-processor fees, for 14 days from the top-up date. Processor fees typically amount to 1–3% of the top-up value; the exact net refund amount is shown to you before you confirm the refund request. Refund requests: support@elgoony.com.
7. Acceptable use and prohibited conduct
You must comply with our Acceptable Use Policy, which prohibits, among other things: any sexual content involving minors; non-consensual content; content of identifiable real people uploaded without their verifiable consent; harassment, threats, doxxing; fraud or money-laundering; circumventing payment, age, or security controls; scraping, automated access, or bots; reverse engineering; uploading malware; impersonation; and any use that is illegal in your jurisdiction or in the operator’s jurisdiction. Breach can lead to immediate termination, forfeiture of wallet balance to the extent permitted by law, and reporting to the competent authorities.
8. Creators on elGoony
If you publish content or operate a creator profile or community on elGoony, the following additional terms apply to you in addition to the rest of this document.
- Eligibility & verification. You must be 18+, legally entitled to produce and distribute adult content in your country, and able to provide identity, age, and (where applicable) consent documentation for every performer appearing in your content. We may require KYC and tax documentation before activating payouts.
- Content licence. You retain ownership of your content. You grant the operator a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt for technical purposes (transcoding, thumbnails, watermarking), distribute and display your content solely for the purpose of operating, securing, promoting and improving the Service and fulfilling subscriptions and unlocks you have authorised. The licence ends when the content is removed, except for backup copies retained for the period required by law.
- Warranties. You represent and warrant that you own or have all rights necessary to grant the licence above, that you hold written consent from every identifiable person depicted, that the content does not infringe any third-party right, and that you will keep records of consent and age verification for at least the period required by applicable law.
- Revenue share & payouts. The operator retains a platform fee (the “Platform Fee”). The applicable fee schedule is published on the elGoony pricing/creator information page and forms part of these Terms by reference. Net revenue is credited to your payout balance and disbursed on the schedule published in your creator dashboard, subject to minimum thresholds, KYC, anti-fraud holds (released within a reasonable period, in any event no longer than 90 days save where a longer hold is required by law or by an ongoing investigation), chargeback reserves, and applicable withholding taxes.
- Tax. You are an independent contractor. You are solely responsible for declaring and paying any income tax, VAT, social-security contributions, and other taxes on your earnings.
- Creator complaints & mediation. Where you dispute a payout, hold, suspension, or other commercial decision, you can use our internal complaint-handling system by writing to legal@elgoony.com. We will acknowledge within 5 business days and provide a substantive response within 30 days. Independent mediation is available in line with Article 12 of Regulation (EU) 2019/1150 (the “P2B Regulation”).
- Indemnity. You will indemnify and hold harmless the operator and its officers, employees and agents against any claim, damages, fines or costs (including reasonable legal fees) arising out of your content, your breach of these Terms, or your violation of any law or third-party right.
- Removal & suspension. We may remove content, freeze payouts, or terminate a creator account at any time for legal, safety, fraud, or policy reasons, including a credible notice under our DMCA / takedown procedure.
9. Third-party platforms and communities
Some creator communities are hosted on third-party messaging platforms. Your use of those platforms is governed by their own terms and privacy notices. We are not responsible for outages, moderation decisions, or data processing carried out by those third parties outside the elGoony integration. If access to a community you paid for is permanently lost because the third-party platform terminates its service or removes the community for reasons outside the creator’s control, you may be entitled to a pro-rata refund of the unused portion. Contact support@elgoony.com.
10. Intellectual property of the Service
The Service, its software, branding, design, and non-creator content are owned by the operator or its licensors and protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable licence to use the Service for its intended purpose. All other rights are reserved.
11. Reporting illegal or harmful content
Anyone, registered or not, can report content that may be illegal, non-consensual, or otherwise harmful via our reporting form or by emailing legal@elgoony.com. Intellectual property complaints are handled under our DMCA / Takedown Notice. We act on credible notices without undue delay and notify reporters of the action taken where possible. In accordance with Article 17 of Regulation (EU) 2022/2065 (the “DSA”), users affected by a content or account action will receive a statement of reasons and have access to our internal complaint-handling system.
12. Service availability & changes
We aim to keep the Service available and secure but do not guarantee uninterrupted operation. We may add, change, suspend or discontinue features at any time. Where a change materially reduces a paid feature, we will give reasonable advance notice and, where required by law, a pro-rata refund or cancellation right.
13. Disclaimers
Except where mandatory consumer law says otherwise, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose, non-infringement, or that the Service will be error-free.
14. Limitation of liability
Nothing in these Terms limits liability that cannot be limited under applicable law (such as for death, personal injury caused by negligence, fraud, or wilful misconduct, or your statutory consumer rights). For consumer disputes, your statutory rights under applicable EU and national consumer-protection law are not affected by anything in these Terms. Subject to the foregoing, the operator’s total aggregate liability arising out of or in connection with the Service in any 12-month period is capped at the greater of (a) the amounts you paid to the operator in that period, or (b) one hundred euros (€100). We are not liable for indirect, incidental, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
15. Termination
You may close your account at any time from your settings. We may suspend or terminate your account for breach of these Terms, of the Acceptable Use Policy, for legal reasons, or for prolonged inactivity. On termination, your access ends, unused wallet funds are refundable in line with Section 6, and provisions which by their nature should survive (IP, indemnities, liability, governing law) will survive.
16. Governing law & jurisdiction
These Terms and any non-contractual obligation arising out of them are governed by the laws of the EU/EEA Member State in which the operating entity is established, excluding its conflict-of-law rules. The applicable law and competent courts will be confirmed in this document once the operating entity is registered, and disputes will be brought exclusively before the competent courts of that Member State, without prejudice to mandatory consumer protections that grant you the right to bring proceedings in the country where you reside. EU consumers may also use the European Commission’s ODR platform at ec.europa.eu/consumers/odr and may refer disputes to the competent consumer ombudsman or other ADR body in their country of residence (the official EU register of ADR entities is maintained by the European Commission).
17. Miscellaneous
If any provision of these Terms is held unenforceable, the rest remain in force. Our failure to enforce a right is not a waiver. You may not assign these Terms; we may assign them to a successor entity (for example, on incorporation or in connection with a corporate reorganisation). These Terms are the entire agreement between you and the operator regarding the Service.
18. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced in-app and/or by email at least 30 days before they take effect (or sooner where legally required). Continued use after the effective date constitutes acceptance.
19. Contact & DSA points of contact
General support: support@elgoony.com
Legal & data protection: legal@elgoony.com
DSA single point of contact for users (Art. 12 Regulation (EU) 2022/2065): support@elgoony.com. Communications may be in English.
DSA single point of contact for Member-State authorities, the Commission and the European Board for Digital Services (Art. 11 Regulation (EU) 2022/2065): legal@elgoony.com. Postal address will be published once the operating entity is registered.