Contract between Creator (Merchant) and Supporter (Buyer)

1. Introduction

This Creator–Supporter Agreement (“Agreement”) governs each transaction between a Supporter and a Creator on the Ko-fi website.

2. Scope

By making a payment to a Creator through Ko-fi, the Supporter agrees to enter into a direct contract with the Creator. Ko-fi is not a party to this Agreement, nor to any transaction between Supporter and Creator, except where explicitly stated in Ko-fi's Terms of Use.

This Agreement applies to any paid interaction including donations, purchases, commissions, memberships, or any other form of content or purchase initiated via the Creator’s Ko-fi page.

3. Parties

• Creator: A Ko-fi user who offers content, services, or products through their Ko-fi page.
• Supporter: A Ko-fi user who sends a payment to a Creator.
• Ko-fi: The website offering online tools to facilitate interactions, but not the seller, processor, or intermediary in any transaction.

4. Definitions

• Ko-fi: The Ko-fi website at www.ko-fi.com and associated tools.
• Direct Payment: A payment made by a Supporter directly to a Creator through connected third-party payment services (e.g., PayPal or Stripe).
• Paid Content: Any content, file, physical product, or service that a Creator offers in exchange for a payment.
• Donation: A voluntary payment made by a Supporter to a Creator without receiving or expecting anything in return. Donations are considered gifts and are not tied to any product, service, or content.
• Commission/Request/Services/Bookings/Reading: A custom piece of work requested and paid for by a Supporter.
• Membership: A recurring payment which may at the discretion of the Creator grant access to specified content or perks.

5. Payment Terms

• All payments are made directly to the Creator via third-party payment services. Ko-fi is not the merchant and does not process or hold funds on behalf of either party.
• The Creator sets all pricing and is responsible for determining if any taxes apply and for reporting income as required by law.
• Platform fees (0–5%) may be deducted by payment providers before funds are received by the Creator, as per Ko-fi’s pricing model.

6. Tax Responsibility

• Creators are solely responsible for calculating, collecting, reporting, and remitting any taxes due in relation to payments they receive, including but not limited to:
  • Income tax
  • Sales tax or other indirect taxes (such as VAT, GST, etc.)
• Ko-fi does not collect or remit taxes on behalf of Creators.
• Ko-fi provides optional tools to help Creators set and display tax rates, but responsibility remains entirely with the Creator.

7. Content Access & Delivery

• The Creator agrees to deliver Paid Content, products, or services according to the description provided on their Ko-fi page.
• Delivery times, file formats, access durations, or usage restrictions must be clearly described by the Creator.
• The Supporter acknowledges that content may be removed or modified by the Creator at any time unless otherwise stated.
• Donations do not carry any delivery or access obligations.

8. Intellectual Property

• All rights in the Creator’s content remain with the Creator.
• Supporters receive a non-exclusive, non-transferable licence to use Paid Content for personal use only, unless the Creator explicitly grants commercial rights.
• No ownership of content is transferred through a Ko-fi transaction.

9. Disputes and Refunds

• Disputes must be resolved directly between the Supporter and the Creator. Ko-fi does not mediate disputes or issue refunds.
• Supporters should contact the Creator through available communication channels or dispute the transaction via their payment provider if necessary.
• Creators are responsible for communicating their refund or cancellation policy.
• Donations are final and not subject to refund.

10. Terms of Sale

• Each transaction on Ko-fi is a unique contractual agreement between the Supporter and Creator.
• Ko-fi’s platform Terms of Use state that Ko-fi is not responsible for fulfilment, refunding, or content quality.
• Creators may publish their own terms of sale which take precedence in any transaction.

11. Platform Role & Limitations

• Ko-fi provides tools to help creators offer content, but does not act as a merchant, payment intermediary, or facilitator.
• Ko-fi does not review, endorse, or guarantee content or services offered by Creators.
• Ko-fi does not take ownership of goods or content sold, nor does it control delivery or pricing.

12. Cancellations and Subscriptions

• Memberships may renew automatically unless cancelled by the Supporter.
• By subscribing, the Supporter agrees to the Creator's posted terms.
• Digital content is typically delivered immediately; Supporters waive statutory cancellation rights unless otherwise required by local law.

13. Liability

• Supporters engage with Creators at their own risk.
• Creators are solely responsible for the legality, quality, and fulfilment of any Paid Content or service.
• Ko-fi is not liable for failed deliveries, late commissions, disputes, or any loss arising from use of the platform.

14. Governing Law

• This Agreement is governed by the laws of the country where the Creator is based, unless otherwise agreed by both parties.
• Supporters in the UK or EU may be entitled to local consumer protections under mandatory law.

15. Severability

If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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last updated 24th March 2025