Close Only – Terms and Conditions of Use (UK Version – England & Wales)

Welcome to Close Only, the platform that enables content creators to make a living from their passion.
Close Only was created and is operated by DIGITAL AIR MEDIA LTD, a Private Limited Company registered in the United Kingdom, with its registered office at 128 City Road, London, United Kingdom, EC1V 2NX (hereinafter the “Operator” or “Close Only”).

Close Only allows, in particular:
(i) the listing of Creators’ Media and Profiles;
(ii) the connection of Creators and Users for the purpose of sharing Media, either free of charge or for consideration;
(iii) Ambassadors to sponsor Creators or other Ambassadors.

By using the Platform, Users may subscribe to a Subscription with the Creators of their choice in order to access exclusive Media. In this context, Close Only acts as an online platform operator: its role is limited to the hosting and referencing of Media as well as connecting Creators and Users.

These Terms and Conditions of Use (hereinafter “T&Cs”) govern the use of the Platform and associated Services by any User.

⚠️ ANY USE, FOR ANY PURPOSE, OF THE PLATFORM IMPLIES UNCONDITIONAL ACCEPTANCE OF THESE T&Cs.

 

Article 1. Definitions

• “Subscription”: the right to access a Creator’s Media in return for the Subscription price set by the Creator.

• “Subscriber”: a User who has subscribed to a Creator’s Subscription.

• “Ambassador”: a User sponsoring a Creator or another Ambassador via a referral link, in accordance with the Referral Terms and Conditions.

• “Bookmark”: a bookmark added to content to find it again from the User’s Account.

• “Chat”: a public and instant messaging feature available during a Live session.

• “Order”: any order for a Subscription, Private Media, Push Media and/or Ticket placed by a User with a Creator on the Platform.

• “Commission”: the percentage of the Creator’s earnings retained by Close Only in return for the Services, calculated on the Price of the Orders.

• “Account”: the personal interface enabling use of the Platform and Services.

• “General Terms and Conditions of Sale (GTCS)”: the terms governing the subscription to a Subscription and the sale of Private Media, Push Media and/or Tickets.

• “General Referral Terms”: the terms governing referral arrangements between Users.

• “General Service Terms (GST)”: the terms governing the provision of Services by Close Only to Creators.

• “General Terms and Conditions of Use (T&Cs)”: these terms governing the use of the Platform by any User.

• “Content”: any element published on the Platform by a User (text, image, video, audio, multimedia), including Media.

• “Creator”: a natural or legal person registered as a Creator, sharing Media via the Platform and having accepted the GST.

• “Feed / News Feed”: the stream of content displayed to the User on the Platform.

• “Bank Fees”: fees deducted from User payments for payment services, calculated on the amounts actually paid (including taxes).

• “Identifiers”: email address and password enabling access to the Account.

• “KYC”: Know Your Customer procedure aimed at verifying a User’s identity and eligibility.

• “Live”: the broadcast of Media in real time. Access may be free or paid via Ticket.

• “Representative / Mandatary”: a person or entity mandated by a Creator (agency, marketing, etc.) to assist them; may act on the Creator’s Account under their responsibility.

• “Media”: all photos, videos, music, audio files, podcasts, Lives, texts, logos, trademarks, animations, designs, models and content created by a Creator and published under their sole responsibility.

• “Public Media”: Media published by a Creator and accessible free of charge.

• “Non-Public Media”: Media displayed blurred. It may become accessible via Subscription / Private Media / Push Media / Live.

• “Private / Personalised Media”: Media exchanged in messaging between a Creator and a User according to Specifications; not visible on the Creator’s Profile.

• “Push Media”: Media spontaneously proposed by a Creator via messaging to one or more Users.

• “Close Only / the Operator”: DIGITAL AIR MEDIA  LTD (Private Limited Company).

• “Parties”: Close Only and the User (or individually, a “Party”).

• “Platform”: website and applications accessible at https://closeonly.fr and associated mobile applications.

• “Price”: the sum of money (or crypto-assets if offered) paid via the Platform in return for a Subscription or Media.

• “Profile”: a Creator’s presentation page (activity, Media and Subscriptions offered).

• “Tip”: an amount freely paid by a User to a Creator, without direct consideration.

• “Services”: all services offered by the Operator to Users via the Platform.

• “Support Site”: support site: https://support.closeonly.fr.

• “Specification”: characteristics of Private Media agreed between the User and the Creator.

• “Story”: Media illustrating a Creator’s news, automatically disappearing after 72 hours.

• “SuperStar”: Creator meeting eligibility criteria granting differentiated treatment as described on the Support Site.

• “Ticket”: a pass enabling access to a paid Live.

• “User”: any person accessing the Platform (Subscriber, Creator, Ambassador or visitor).

• “Interested User”: a user identified as interested in a Creator’s Media/Profile without having subscribed.

 

Article 2. Purpose

The T&Cs set out the rights and obligations of the Parties in the context of the use of the Platform and the Services.
The Services provided to Creators are governed by the GST; the subscription to a Subscription and the purchase of Media are governed by the GTCS.
Legally mandatory information is provided clearly, fairly, and transparently.

 

Article 3. Acceptance of the T&Cs

The use of the Platform’s functionalities implies full acceptance of the T&Cs.
Users are invited to read them carefully, download and retain them.

Any use implies that:
(i) if the User is a legal entity, it acts through a duly authorised representative;
(ii) if the User is a natural person, he/she is of legal age (18 years old) and has the required legal capacity.

Failure to comply may result in the suspension or deletion of the Account.
 

Article 4. Technical Specifications

The User acknowledges that he/she has the means and skills necessary to use the Platform.
All equipment (hardware, software, internet connection, etc.) and telecommunications costs incurred to access the Platform are borne exclusively by the User.

 

Article 5. Role of Close Only (host/operator in the United Kingdom)

5.1 Hosting provider status
Close Only acts as a hosting provider within the meaning of the Electronic Commerce (EC Directive) Regulations 2002.
The Price of Media is freely set by each Creator; Media are published under the sole responsibility of the Creator.

5.2 Pre-contractual information – fairness, clarity, transparency
Close Only acts neutrally, clearly, and transparently.
The referencing and ranking criteria (including the promotion of “SuperStar” Creators) are presented on the Platform and the Support Site.

• Search engine: ranking by relevance and “SuperStar” status.

• Feed/News Feed: combination of content from followed Creators, former subscriptions, interests and suggestions.

5.3 Online Safety Act 2023 compliance
Close Only applies proportionate measures of risk assessment, moderation, age verification for access to adult content, and reporting mechanisms, in line with Ofcom codes where such obligations apply.

5.4 Measures against cyberthreats and exploitation
Close Only implements:

• legitimate de-anonymisation mechanisms,

• enhanced KYC procedures,

• moderation supported by technological tools,

• checks relating to the majority and consent of persons appearing in content,

• user age verification mechanisms for access to adult content.

 

Article 6. Conditions of Access and Registration

6.1 User registration
Registration may be completed via email, Google, or Facebook, subject to acceptance of these T&Cs.

6.1.2 Creator registration
Creators must register via https://closeonly.fr and submit the required information (KYC, proof of age/identity, etc.).

6.2 Account access and management
The Account may be customised (pseudonym, profile photo, etc.).
The User must provide accurate and up-to-date data.
Unlawful or inappropriate profile images are prohibited.
Each person may hold only one Account (except in the case of combined roles).

6.3 Identifiers
Identifiers are strictly personal.
The User is responsible for all actions performed via their Account.
In case of loss/forgotten password: a “forgot password” process is provided.
Support contact: support@closeonly.fr.

6.3.1 Representatives
Any Representative must be declared.
The Creator remains fully responsible for any action carried out via his/her Account by the Representative.

6.4 Certification
Certification is possible subject to the provision of supporting documents (identity, security selfie, phone number, professional proofs where applicable).
Close Only may refuse or revoke certification if the criteria are no longer met or in case of serious breach.

6.5 Account deletion
Account deletion may be requested via the interface or by email from the registered address.
Deletion is final and does not entitle the User to any refund of prepaid periods.
Conditions of Creator Account deletion are detailed in the GST.

Article 7. Description of Services

7.1 Free access
After registration, Users may freely access the Platform to view Profiles and Public Media, use the search engine, browse the Feed, like content, and create bookmarks.

7.2 Access to Non-Public Media
Non-Public Media are blurred by default.
They become accessible via Subscription, Ticket purchase, or direct purchase (see GTCS).
Creators publish Media at their own discretion (frequency, quality, quantity).
Users undertake not to re-publish or share Media outside the Platform.

Access to Push Media
Push Media may be proposed by the Creator via messaging.
Access may be conditional upon having a Subscription and/or additional payment (as per GTCS).

Access to Lives
Invitations to Lives may target subscribers, former subscribers, and Interested Users.
The modalities (paid/free, schedule, duration) are set by the Creator.
The Creator may enable/disable the Chat and moderate exchanges (mute, ban).

Messaging
Messaging is reserved for exchanges with the Creator.
Strict prohibition applies to sharing personal contact details (telephone number, email address, postal address, geolocation).

Private Media
Specifications and conditions of Private Media are agreed upon in messaging.
The Creator has no obligation to respond to such requests.
Unless otherwise agreed, the Creator may reuse the Private Media on the Platform (excluding free-of-charge availability).

Tips
Tips may be paid voluntarily by the User and credited to the Creator’s account.

Donations to associations
Creators may choose to donate to an association.
Close Only does not intervene in the effective payment, which remains the sole responsibility of the Creator.

Competitions
If organised by a Creator, competitions are under their sole responsibility and must comply with UK law.
Any competition run by Close Only (alone or in partnership) will be listed in an Annex, where applicable.

Updates and evolutions
Close Only may make changes to the Services.
Users will be informed of significant updates.
 

Article 8. Obligations of the Parties

8.1 Obligations of Users – Code of Conduct

Users undertake to:

• comply with the laws of England & Wales,

• act with politeness and courtesy,

• refrain from posting or disseminating hateful, defamatory, harassing, or discriminatory content,

• refrain from making or soliciting payments outside the Platform.

Close Only may, at the request of a Creator, verify exchanges carried out on the Platform.

8.1.2 Use of Media

Media remain the property of the Creator.
Users are granted only a personal and limited licence to view Media on the Platform.

Any reproduction, sharing, modification, or redistribution of Media outside the Platform without the Creator’s written consent is strictly prohibited.

Any breach may result in suspension or deletion of the Account, and claims may be brought by the Creator (including takedown requests on other platforms).

8.1.3 General obligations

Users must:

• behave fairly and in good faith,

• refrain from harassing other Users or Creators,

• refrain from using the Platform for unlawful purposes or offences,

• respect the privacy and intellectual property rights of third parties,

• refrain from compromising the Platform’s systems (Computer Misuse Act 1990),

• refrain from sending spam,

• refrain from disclosing personal data of third parties without their consent.

8.1.4 Reporting

A “Report” button is available on each Media, or notifications may be sent to the support email.
Close Only undertakes to act promptly to remove manifestly unlawful content, in accordance with the hosting regime of the E-commerce Regulations and, where applicable, the obligations of the Online Safety Act.

8.2 Obligations of Close Only

Close Only is bound by an obligation of means.
It undertakes to:

• provide clear information in its capacity as platform operator,

• cooperate with competent authorities,

• implement protection measures (moderation, age verification, checks on consent and majority of persons appearing in Media).

 

Article 9. Consumer Rights (United Kingdom)

Users qualifying as consumers benefit from the rights provided by the Consumer Rights Act 2015 with respect to digital content.
They also benefit from the information and potential withdrawal rights provided by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The terms relating to Subscriptions (duration, renewal, termination), refunds, and updates are specified on the Platform and in the GTCS.

 

Article 10. Liability

10.1 Liability of Close Only

Close Only shall not be held liable in the following cases:

• temporary unavailability of the Platform (maintenance, network incidents),

• malfunction of the User’s equipment,

• attacks, intrusions, or security breaches,

• abnormal or unlawful use of the Platform,

• content from third-party sites,

• content published by Users,

• performance or non-performance of contracts between Users (including sponsorship/referral agreements),

• default of payment by a User,

• force majeure events or causes beyond its reasonable control.

10.2 Hosting provider status

Close Only benefits from the defences provided by the Electronic Commerce (EC Directive) Regulations 2002 (Regulation 19) concerning the storage of content at the request of Users, and, where applicable, by section 5 of the Defamation Act 2013 (website operator defence).

Close Only undertakes to remove or disable access to manifestly unlawful content promptly upon notification.

10.3 Disputes between Users

In the event of a dispute between Users, priority shall be given to amicable resolution through the messaging system and Close Only’s support services.
Close Only may propose a solution, but the Parties remain free to take legal action before the competent courts.

 

Article 11. Suspension and Deletion of User Account

In the event of serious and/or repeated breaches, fraud, offences, or at the request of competent authorities, Close Only may immediately suspend access to the Account. Notification shall be sent by email.

In cases of multiple suspensions or serious breaches, Close Only may delete the Account permanently and ban the User.

Suspension or deletion results in the termination of Subscriptions and the inability to access paid Media where the applicable conditions exclude access.

 

Article 12. Force Majeure

Close Only shall not be liable where performance of its obligations is prevented by an unforeseeable and insurmountable event beyond its reasonable control (“force majeure”).

• If the impediment is temporary, performance of obligations shall be suspended for the duration of the impediment.

• If the impediment is permanent, the Contract may be terminated.

 

Article 13. Intellectual Property

13.1 Users

The User grants the Operator, free of charge and on a non-exclusive basis, the rights of representation, reproduction and adaptation necessary for the operation and promotion of the Platform (including Close Only’s social networks), worldwide and for the duration of the registration.

No sublicence for valuable consideration may be granted to a third party without a separate agreement from the Creator.

13.2 Creators

Media (including Private Media) remain the property of Creators.
Only a limited licence of use is granted to Subscribers in accordance with the GTCS.

13.3 Users (Media published)

Media published by Users remain the property of the User concerned.

13.4 Close Only

The Platform and its elements (trademarks, logos, software, databases, visuals) are protected under the Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994, and database rights.

Any unauthorised reproduction, substantial extraction, reverse engineering, or distribution is strictly prohibited.

 

Article 14. Communication

Users are prohibited from using Close Only’s distinctive signs (including “Close Only” as a hashtag) in direct or indirect association with unlawful content, or erotic/pornographic content that is contrary to the law, or in breach of these T&Cs.

Any republication of Media outside the Platform without authorisation is prohibited.

 

Article 15. Personal Data and Cookies (UK GDPR / Data Protection Act 2018 / PECR)

Close Only, acting as the data controller, processes personal data in compliance with the UK GDPR and the Data Protection Act 2018.

The Privacy Policy, accessible on the Platform, describes:

• purposes of processing,

• legal bases,

• retention periods,

• rights of data subjects,

• transfers,

• security measures.

Cookies and similar technologies are governed by the Privacy and Electronic Communications Regulations 2003 (PECR).
A mechanism for information and consent is provided to Users.

 

Article 16. Use of User Data

Close Only may use data relating to a User’s activity in order to improve the Platform and to personalise suggestions displayed in the Feed.
This processing shall be carried out in compliance with the Privacy Policy, the UK GDPR, and the PECR.

 

Article 17. Assistance and Support

Support resources are available via the Support Site: https://support.closeonly.fr.

Contact details:

• Email: support@closeonly.fr

• Postal address: DIGITAL AIR MEDIA LTD, 128 City Road, London, United Kingdom, EC1V 2NX

 

Article 18. Validity of the T&Cs

If any provision of the T&Cs is declared null, illegal, or unenforceable, it shall be deemed unwritten without affecting the validity of the remaining provisions.

Close Only shall make best efforts to replace such provision with a valid clause having equivalent effect.

 

Article 19. Modification of the T&Cs

The T&Cs may be amended at any time to reflect legislative or regulatory changes, or evolutions of the Services.

Users will be notified of modifications.
The applicable version is the one in force and published at the time of use of the Platform.

 

Article 20. General Provisions

Failure by Close Only to enforce any provision temporarily shall not be deemed a waiver.
The headings of the Articles are provided for convenience only and shall not affect interpretation.

 

Article 21. Governing Law – Jurisdiction – ADR (Consumers)

These T&Cs and the relationship between the User and Close Only are governed by the laws of England and Wales.

Unless mandatory provisions state otherwise, the courts of England and Wales shall have jurisdiction.

• Consumers: Users may resort to an Alternative Dispute Resolution (ADR) body under the ADR Regulations 2015. ADR is optional; each Party may withdraw at any time without prejudice to access to the competent courts.

• Professionals: disputes must first be attempted to be resolved amicably with Customer Service. Failing this, optional ADR may be used. If no resolution is reached, the competent courts of England and Wales shall have jurisdiction.
  
   

  Annex 1 – Consumer Rights (UK) – Summary

• Consumer Rights Act 2015 (digital content): Users are entitled to digital content that conforms to its description, is of satisfactory quality, and is fit for purpose. In cases of non-conformity, remedies may include repair, replacement, price reduction, or termination depending on the circumstances.

• Consumer Contracts Regulations 2013: Users are entitled to pre-contractual information and may benefit from a statutory right of withdrawal.
  ⚠️ Exceptions apply where performance has already started with the User’s express agreement and acknowledgement of the loss of the right of withdrawal.

• Updates: Users will be informed of necessary updates. In cases where an update has a significant negative impact, users may have recourse to appropriate remedies.

•  

  Annex 2 – Civil, Tax and Social Obligations of Creators in the United Kingdom

• HMRC – Self Assessment: Creators must declare income through the self-assessment system. They may also be subject to National Insurance contributions (depending on class) and, where applicable, VAT.

• Reporting Rules for Digital Platforms (in effect since 1 January 2024): Close Only may be required to collect and transmit to HMRC information about revenues generated on the Platform, and to provide annual income summaries to Creators.

• ℹ️ This information is indicative and subject to change. Each User is personally responsible for compliance with their own legal obligations. In case of doubt, Creators should consult HMRC or a professional adviser.

   

  Annex 3 – Content Policy & Online Safety (Reminder)

• Prohibited content: illegal material (including terrorism, child sexual exploitation, harassment, hate speech, defamation, etc.).

• Age verification and consent: procedures are required for adult content; Creators must provide proof of consent and majority for all persons appearing in their content.

• Reporting and removal: a “Report” button is available on each content item; Close Only handles notifications promptly and cooperates with authorities where required.

• Ofcom codes/guidelines: Close Only implements proportionate measures as required under the Online Safety Act 2023.