Appeals policy

BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
Introduction: This Policy forms part of your agreement with us. Here are a few key things to note:
you must follow the procedures below to appeal a Content or account moderation decision.
FetHub will handle appeals in keeping with this Policy.

Contact information: FetHub is operated by Peachfuzz Media Ltd, a limited company registered in England and Wales, with company registration number 15845253 , and registered office at 25 Inver Road, Leicester, UK, LE194DL. If you have questions about this Policy please contact info@fethub.co.

Interpretation: Unless specifically defined in this Policy, the meanings given to words defined in the Terms of Use have the same meanings.

“Decision”: any action taken by FetHub to:
suspend or deactivate an account;
suspend or deactivate Content shared to or from an account;
impose a final warning for a violation on an account;
restrict account features (for example, the ability to livestream); or
suspend, terminate, or restrict the ability to monetise Content, including by preventing subscriptions or limiting your ability to accept certain types of payments.

Use: This Policy can be used in two ways:
by FetHub Users who want us to review or reverse a Decision; or
by non-FetHub-users in the EU/EEA who have complained about suspected illegal or non-consensual Content on FetHub and who disagree with FetHub’ appeal response.

Appeal procedure: The only way to appeal a Decision is to complete and submit the Deactivation Appeal Form.

Required information: Only fully completed Deactivation Appeal Forms will be considered. Your Deactivation Appeal Form must include:
the URL or username of the account;
the URL of Content subject to the appeal;
detailed reasons why you believe your Content or account is in keeping with the FetHub Terms of Service and Acceptable Use Policy; and
for non-FetHub-users in the EU/EEA who disagree with our decision to permit Content to remain on FetHub why you believe the Content is illegal or non-consensual.

Timing of appeals: All appeals should be filed within six months of a Decision.

Review process: If we receive a completed Deactivation Appeal Form:
we will review the relevant FetHub account information;
we will consider the information and the supporting documents that you have provided;
we may request additional information or documents from you or from third parties to help us decide the appeal; and
based on the information, we will grant, grant in part, or deny your appeal, and we will notify you of our decision:
If we grant your appeal, we will reverse each relevant Decision and any actions taken as a result of each Decision.
If we grant your appeal in part, we will notify you of each Decision that has been reversed and any actions taken as a result.
If we deny your appeal, no Decision will change.

No liability: We are not liable for any interruption of access to your FetHub account, including any loss of earnings or subscribers, even where we grant some or all of your appeal.

Appeals team: Our Appeals Team will consider each properly filed appeal based on the information provided in a non-discriminatory, diligent, and non-arbitrary manner.

Situations where a Decision cannot be appealed: This Policy does not apply to any irreversible Decision (for example, a Decision to end a livestream).

Additional procedures for users in the EU/EEA:
You may also file a complaint with a regulatory authority and/or seek a remedy via a certified third-party out-of-court dispute settlement body or the relevant courts in your country of residence/establishment.

In certain circumstances, out-of-court dispute settlements under the EU Digital Services Act (“DSA”) may apply. Each EU member state must certify an out-of-court dispute settlement body to handle eligible disputes.

You also have the option of judicial redress by pursuing your claim in a court which has jurisdiction.

You may submit a report or complaint regarding Content which you believe is illegal or otherwise violates our Terms of Service.

We will review all reports and complaints, and determine whether we agree that a violation of our Terms of Service has occurred.

If we conclude that no violation of our Terms of Service has occurred and elect not to make a Decision regarding the relevant Content, you may be able to refer the matter to an out-of-court dispute settlement body. If you do, we will engage with the out-of-court dispute settlement body in good faith and as required by law.

We are not bound by any decisions made by an out-of-court dispute settlement body, and may refuse to engage with an out-of-court dispute settlement body if a dispute concerning the same Content, and the same grounds of alleged incompatibility with our Terms of Service has already been resolved.