Effective Date: April 9, 2025
This seller agreement (“agreement”) is entered into between APHI LLC d/b/a Heyheyy, located in King County, Washington (“Heyheyy”), and you, the individual or entity signing up as a seller (“Seller”).
Heyheyy owns and operates the online social media content sharing platform www.heyheyy.com (“Website”), which provides sellers with certain tools, hosting, and related services (collectively, “Services”) to enable them to share, advertise, and monetize their digital content and interact with buyers (“Buyers”) for personal communication and entertainment.
Seller wants to use the Website and the Services to monetize Seller’s content and engage with Buyers.
The parties therefore agree as follows:
The Website’s Terms-of-Service Agreement sets out the general terms of Seller’s use of the Website. This agreement specifically governs Seller’s use of the Website and the Services to monetize Seller’s content and interact with Buyers. If there is any inconsistency between this agreement and the Website’s Terms-of-Service Agreement, the statements in this agreement will control.
Seller must be either: (a) an individual who (i) is at least 18 years old (or older if the age of majority is higher in Seller’s jurisdiction), and (ii) has the legal capacity to enter into binding contracts; or (b) an entity that (i) is duly organized and validly existing under the laws of its jurisdiction, and (ii) has the power and authority to enter into binding contracts.
To register, Seller must complete the Seller registration form and submit a valid, government-issued photo ID (in color) that includes Seller’s (or, if an entity, the owner’s) full legal name, date of birth, and expiration date for age and identity verification purposes. If Seller resides in the United States, Seller must also submit a completed W-9 form; if Seller resides outside the United States, Seller must submit a completed W-8BEN form. By submitting these documents, Seller authorizes Heyheyy to verify the authenticity of Seller’s (or the owner’s) identification using a third-party verification service.
By registering, Seller states that the following facts are accurate:
Heyheyy charges Seller a service fee equal to 15% or 10% (depending on the subscription plan the Seller purchases) of all Buyer Payments received by Seller (“Service Fee”). Seller receives 85% (basic subscription plan) or 90% (premium subscription plan) of Buyer Payment (collectively, “Seller Earnings”). Service Fees cover Heyheyy’s expenses for providing, maintaining, and operating the Website, storing Seller Content, and related services. For clarity:
In addition to the Service Fee, Seller must pay Heyheyy a platform fee (“Platform Fee”) that is charged according to the subscription plan selected, for example:
All content, data, and materials on the Website (excluding Seller Content), including text, graphics, logos, images, photos, audio, videos, software, and all other materials (“Materials”), are owned by Heyheyy or its licensors. These Materials are protected by intellectual property laws. Seller acquires no ownership rights in the Website, the Services, or the Materials. Unless expressly authorized by Heyheyy in writing, Seller must not reproduce, distribute, modify, or publicly display the Materials. Heyheyy reserves all rights not expressly granted.
“Heyheyy,” the Heyheyy logo, and related names, domain names, product and service names, designs, and slogans are trademarks or service marks of Heyheyy. Seller must not use these marks without prior written permission from Heyheyy.
Subject to Seller’s compliance with this agreement, Heyheyy grants Seller a nonexclusive, nontransferable, nonsublicensable, revocable, limited license to access and use the Website, the Materials, and the Services solely for uploading, displaying, advertising, and selling content, and for communicating with Buyers through the Website’s interactive features, under the terms specified herein.
Heyheyy may modify, remove, or discontinue any part of the Website, the Services, or the Materials at any time, without notice, and is not liable for any resulting loss or damage to Seller.
During registration, Seller will provide accurate information, including a valid email address, a unique username, and a password. Seller must not select a username that is offensive or infringes any intellectual property rights. Seller’s password should be unique and must meet the Website’s technical requirements.
Seller is responsible for maintaining confidentiality of account credentials and for all activities that occur under the account. Seller must promptly notify Heyheyy of any unauthorized use or security breach of the account.
Heyheyy will not be liable for losses resulting from unauthorized use of Seller’s account. Seller may be liable for losses sustained by Heyheyy or others due to unauthorized use of Seller’s account credentials.
Seller must not use anyone else’s account at any time.
Heyheyy implements measures to secure personal data but does not guarantee that unauthorized parties will never defeat security measures or misuse personal data. Seller provides personal data at Seller’s own risk.
Seller will create a profile (“Seller Profile”) on the Website to offer various forms of content or services, including videos, photos, direct messages, subscription-based content, and other paid features (“Seller Offerings”). Any image or photo used as a profile picture must accurately reflect Seller’s appearance.
Seller may upload or distribute content (“Seller Content”)—such as photos, videos, audio, text, or other media—that Seller has independently created or in which Seller has the necessary rights. Seller, not Heyheyy, determines the schedule and method of creating or posting Seller Content. Seller Content must not incorporate third-party intellectual property unless Seller has written consent or another valid legal right to do so.
Heyheyy may provide interactive tools (messaging, chat, timeline, etc.) that facilitate communication between Seller and Buyers. Seller is responsible for all interactions occurring through these tools. Heyheyy is not responsible for disputes or content posted through these services beyond the Complaint Policy in the Terms-of-Service Agreement.
Seller must not post or transact any Seller Content that:
Heyheyy may review all non-live Seller Content before publication for compliance with the Acceptable Use Policy, Terms-of-Service, credit card standards, or law.
Seller may use region-based or individual-based blocking tools to prevent certain Buyers from accessing Seller content. Seller is solely responsible for using such tools correctly.
Not a Party to Buyer-Seller Transactions: All Buyer/Seller Transactions are contracts directly between Buyer and Seller under the Standard Agreement Between Buyer and Seller. Although the Website may facilitate the listing of Seller’s Content, Heyheyy itself does not process or handle payments—those occur directly between Buyer and Seller. Seller alone is responsible for ensuring proper payment is received and content is delivered.
Seller independently sets prices for Seller Offerings (e.g., subscription fees, pay-per-view costs, etc.). Buyers are expected to pay using methods arranged directly with Seller. If a Buyer disputes a payment or obtains a refund, that dispute is between Buyer and Seller; Heyheyy is not responsible for settling these claims unless it explicitly elects to do so.
Seller can remove Seller Content or delete Seller’s profile at any time, but must respect any ongoing Buyer licenses or partial transactions to the extent required by law.
Heyheyy does not claim ownership of Seller Content. Seller retains any ownership rights to which Seller is entitled, subject to the licenses granted to Heyheyy and Buyers under this agreement and the Terms-of-Service.
By uploading or posting Seller Content, Seller grants Heyheyy a worldwide, nonexclusive, sublicensable, and transferable license to host, store, display, perform, modify, distribute, and create derivative works from Seller Content in connection with the operation, promotion, or improvement of the Website and Heyheyy’s business. This includes showcasing Seller’s profile and content on Heyheyy’s platform or social media accounts for advertising.
Seller hereby grants each Buyer a limited, nonexclusive license to access and use the purchased Seller Content for personal, noncommercial viewing or download (if allowed). Buyers have no right to sell, redistribute, or license Seller Content to any third party.
The license granted to Heyheyy continues until Seller removes or deletes the Content. However, Buyer licenses may persist, particularly for any Content Buyers have downloaded prior to removal, unless otherwise revoked for cause.
Seller grants Heyheyy permission to use Seller’s name, image, or likeness in connection with the operation, marketing, or promotion of the Website. Seller agrees that no additional royalties or payments are due for such usage. If Seller Content features identifiable third parties, Seller must secure written consents or releases as required by law.
Because Heyheyy does not process Buyer payments, all “Seller Earnings” must be arranged directly with the Buyer. Seller is responsible for collecting and distributing any applicable taxes. If any portion of Seller Earnings is arranged via a third-party vendor or affiliate, that vendor is not affiliated with Heyheyy. Seller acknowledges that if a Buyer issues a refund or chargeback, any amounts already transferred may be subject to reversal.
In the event of suspected fraudulent or unlawful activity, or if Heyheyy is required by law or court order, Heyheyy may require Seller to withhold or forfeit certain amounts or freeze the account to protect users and comply with legal obligations.
If Seller disputes any calculation related to Seller Earnings, Seller must notify Heyheyy in writing within 30 days. Failure to do so within that period waives any claim related to that dispute.
The relationship between Seller and Heyheyy is solely that of independent contractors. No partnership, franchise, agency, or employment relationship exists. Seller is not entitled to any employee benefits or worker’s compensation coverage. Seller is responsible for paying all taxes and obtaining any legally required insurance for themselves or any personnel they employ.
Seller states the following are accurate:
For information on how Heyheyy collects, uses, or discloses personal data, please see our Privacy Policy. Seller acknowledges that Heyheyy may indefinitely store certain personal data or documentation required for legal or compliance reasons (e.g., 18 U.S.C. § 2257 records) or in a good-faith effort to comply with law enforcement requests, court orders, or other legal processes.
During this agreement and for two years after termination, Seller must not make defamatory or disparaging remarks about Heyheyy or any affiliated persons, except where legally compelled or while asserting good-faith claims in a legal proceeding.
Seller may delete or close their Seller account at any time, effectively terminating this agreement.
Heyheyy may terminate this agreement and Seller’s Website access for any reason with 30 days’ notice, or immediately if Seller violates any of the following: (a) this agreement, (b) the Terms-of-Service, (c) relevant credit card association standards, or (d) law.
Upon termination, Seller loses the right to use or access the Website as a seller. Heyheyy may delete any remaining Seller Content from the Website. Any unpaid or outstanding sums owed to Seller (not involving potential fraud or disputes) will be handled or withheld as applicable. Seller remains responsible for any liabilities arising before termination, including potential refunds or disputes.
No Guarantee of Earnings: Heyheyy does not guarantee Seller any particular outcome or earnings. Past performance is not indicative of future results. Seller assumes full responsibility for all risks associated with operating on the Website, including unauthorized copying or disclosure of Seller Content.
Heyheyy offers the Website and Services on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including fitness for a particular purpose or noninfringement. Heyheyy does not guarantee uninterrupted or error-free operation, accurate results, or the absence of harmful components (like viruses). No oral or written information provided by Heyheyy creates any warranty not expressly stated here.
Seller must indemnify and hold harmless Heyheyy, its officers, directors, employees, affiliates, and agents (collectively, “Indemnified Parties”) from any claims, damages, or expenses (including legal fees) arising from:
All disputes arising out of or relating to this agreement, or the breach thereof, that are not resolved informally will be settled by binding arbitration administered by Arbitration Resolution Services, Inc. (“ARS”) (or a comparable provider if ARS is unavailable). Judgment on any arbitration award may be entered in any court with jurisdiction. The arbitrator must not award punitive or exemplary damages.
For claims not subject to arbitration, the parties agree to the exclusive jurisdiction of the federal or state courts located in King County, Washington. Each party waives objections to personal jurisdiction and venue in these courts.
All claims must be brought in an individual capacity, not as a representative or class action. A party must not bring any claim more than one year after the cause of action arises; otherwise, it is time-barred.
This agreement, together with the Website’s Terms-of-Service, constitutes the entire agreement between the parties regarding Seller’s use of the Website for monetizing content and supersedes all prior discussions or agreements.
Heyheyy may amend this agreement by posting an updated notice on the Website and updating the effective date. If Seller continues to use the Website after the new effective date, Seller is deemed to have accepted the amendments.
Seller must not assign or transfer this agreement without Heyheyy’s prior written consent. Heyheyy may assign or delegate any of its rights or obligations without Seller’s consent.
Heyheyy’s failure to enforce any provision is not a waiver of future enforcement of that or any other provision.
If any portion of this agreement is found invalid or unenforceable, the remainder will continue in full force and effect.
This agreement is governed by the laws of Washington State without regard to conflict-of-law principles. However, mandatory consumer protections in Seller’s jurisdiction may apply.
Heyheyy is not liable for failure to perform if prevented by circumstances beyond its reasonable control, such as natural disasters, war, strikes, or telecommunications failures.
Except as expressly stated (e.g., indemnified parties), this agreement does not create any rights or remedies for third parties.
By clicking “I agree” or similar, Seller provides an electronic signature, binding Seller to this agreement as if physically signed. Seller consents to receive communications from Heyheyy electronically and agrees that all notices, disclosures, and agreements meet any legal requirement that such communications be in writing.
Last Updated: April 9, 2025