Terms and conditions
General Terms of Service
1. Acceptance and Eligibility
2. Paysenger Platform
3. Creator Services
4. Fees and Payments
5. Intellectual Property and Ownership
Ownership over Paysenger Platform
6. Prohibited Content and Prohibited Activities
7. Third-party Products and Links
8. Warranties
9. Limitation of Liability
10. Indemnification
11. Termination
12. General Provisions
13. Copyright infringements
Terms of Service for Creators
1. Eligibility of Creator
2. Fees and Payment
3. Requests and Creator Services
4. Creator Content
5. Publicity Rights
6. Prohibited Content and Prohibited Activities
7. Indemnification
8. Termination
9. General Provisions
General Terms of Service

Welcome to the Paysenger Platform – the marketplace where experts, actors, musicians, athletes, influencers, other celebrities and other content-creating users (“Creators”) provide paid communication services in the form of creation of personalised responses to users who are intended recipients of such personalised responses (“Recipients”) in the form of video, voice (audio), picture or text messages and paid text chats and audio or video calls with Recipients. Paysenger is not a party of paid communication services.

Please read these General Terms of Service carefully. By accessing, using or registering at the Paysenger Platform, as defined below, you will be bound by these General Terms and any additional documents incorporated hereby by the reference. If you do not agree with these General Terms please do not register or access the Paysenger Platform. We reserve the right at our sole discretion, to change, modify, add or remove portions of these General Terms at any time.

1. Acceptance and Eligibility
  1. This is a contract between you and ATTN CAPITAL EU LTD, a private company incorporated in the Republic of Cyprus, having its address at John Kennedy, 8, IRIS HOUSE, Floor 7, Office 740C 3106, Limassol, Cyprus. References in these General Terms to “Paysenger”, “we”, “our” or “us”, are to ATTN CAPITAL EU LTD and references to “you”, “your or “user” are to the person with whom Paysenger enters into these General Terms.
  2. Depending on your usage of the Paysenger Platform we may refer to you: i) as a “Creator” when you use the Paysenger Platform to provide services of creation of personalised responses and paid communication services to other users of the Paysenger Platform, or ii) as a “Recipient” when you interact and transact with Creators. Each of users of the Paysenger Platform can act in both roles of the Creator and the Recipient depending on the nature of its use of the Paysenger Platform, interacting and transacting with other users and actions it takes via the Platform.
  3. These General Terms apply to your use and access to the Paysenger Platform and its related services. Upon accessing or registration at the Paysenger Platform, downloading mobile or desktop device-based applications from Paysenger, you agree to be legally bound by and to comply with these General Terms and all additional terms, policies and agreements incorporated herein by reference and amended from time to time in our sole discretion.
  4. You hereby acknowledge and agree that when you use the Paysenger Platform any third-party terms or agreements may apply to your use. For example, when you use our mobile applications, the terms and conditions of the respective mobile applications marketplaces (like, App Store or Google Play) may additionally apply to your use.
  5. If you are using the Paysenger Platform and/or its related services on behalf of a business, you represent to us that you are duly authorized to bind that business or entity to these General Terms and all additional terms, policies and agreements incorporated herein by reference, and that business accepts these General Terms and all additional terms, policies and agreements incorporated herein by reference. You represent that such business entity is duly organised, validly existing and in good standing under the laws of its country of organisation. The business entity shall be fully liable for all activities conducted by its employees while using the Paysenger Platform.
  6. The Paysenger Platform and its related services are intended for users i) who are 18 years old or older or ii) who are at least 13 years old and have their legal guardians’ prior informed consent (also meaning that such legal guardians must explain the underaged user in layman’s terms all the rules set in these General Terms, Terms of Services for Creators, Privacy Policy and applicable additional documents).
  7. You represent and warrant that you are of legal age to form a binding contract (at least 18 years old under the law of Cyprus) or you obtained your legal guardian’s prior informed consent to use the Paysenger Platform and your legal guardian explained you in layman’s terms all the rules set in these General Terms, Terms of Services for Creators, Privacy Policy and applicable additional documents. Additionally, you represent and warrant that you have not previously been suspended or removed from using the Paysenger Platform.
  8. You shall never allow anyone to use your Account. If you occasionally allowed your minor child to use your Account (as defined below) notwithstanding of the actual form of such allowing (for example, you opened the Paysenger Platform and allow your minor child to use, your minor child opened the Paysenger Platform on your device under your Account, etc), you will be fully liable for the usage of this Account and any payments related to this Account. We have the right to suspend or terminate your Account that is or was being used by any third person. However, if you allowed any third party to access or use your account in violation of these General Terms, you hereby acknowledge and agree to control any activity, generated content and behaviour of such third person, including your minor child, at the Paysenger Platform as well as you agree with and consent any disclosure of personal data made by this third person, including your minor child, by using this Account and/or while interacting with other users and/or while generating any content at the Paysenger Platform.
  9. For the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime we may request the necessary information and documents from you to verify your identity. You hereby agree to provide us with the information we request and permit us to process and keep a record of such information. You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity and/or protect against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, national identification number, government identification documents, and, if applicable, information regarding your bank account (such as the name of the bank, the account type and account number). By providing us with the requested information, you confirm that such information is accurate and authentic. You agree to keep us updated if any of the information you provided changes. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.
  10. In addition to the above, you must have the necessary equipment (an internet-connected computer, mobile phone, tablet or other supported device) and the associated telecommunication service subscriptions to access the Internet. The Paysenger Platform can be accessed directly by its website, mobile or desktop applications. Access to the Paysenger Platform may become degraded or unavailable. We shall not be liable for any losses resulting from or arising out of such delays or unavailableness.
2. Paysenger Platform
  1. Paysenger operates and provides to its users the marketplace platform where Creators provide paid communication services to Recipients in the form of creation of personalised responses to the Recipients in the form of video, voice (audio), picture or text messages and paid text chats and audio or video calls with Recipients (collectively, Creator Services”), and where Recipients consume paid Creator Services and pay for such services, and parties (both Creators and Recipients) transact with each other (“Paysenger Platform”). The Paysenger Platform may be accessed via mobile or desktop device-based applications (“Applications”) and the website www.Paysenger.com. The Paysenger Platform is offered on a self-service basis in accordance with the terms and conditions of these General Terms.
  2. Through the Paysenger Platform Creators are able to provide Creator Services to Recipients. Through the Paysenger Platform Recipients are able to request, consume Creator Services and transact with Creators. Paysenger provides to users (both Creators and Recipients) the technical venue for performing Creator Services and consuming of such Creator Services, distributing results of Creator Services to Recipients, transacting between Creators and Recipients and billing services to users (both Creators and Recipients) and may charge a fee or a commission for its billing services (collectively, “Paysenger Services”). Paysenger is not a party of Creator Services as well as not a party of distributing results of such Creator Services.
  3. You acknowledge, agree, and understand that we are not a party to the relationship, transactions or any dealings between a Creator and a Recipient. We do not introduce Creators to Recipients or vice versa, select Creator Services for Recipients, or select Creators for Recipients.
  4. In order to use the Paysenger Platform and to access Creators Services and Paysenger Services, you need to create an account at the Paysenger Platform (“Account”). When creating an Account you shall provide a valid phone number (Paysenger may send you verification text messages) and a username at the time of registration, also you shall provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us. You may not choose or use a username of another person, a username that is violating a third party’s intellectual property rights or a username that is offensive, inappropriate, or misleading to other users (for example making an impression that you are a celebrity).
  5. You hereby represent and warrant that you will not (i) use a false identity or provide any false or misleading information, (ii) claim to be another person, including any celebrity or famous person, (iii) create an Account if you (or any Account that you created or controlled) have previously been removed or banned from the Paysenger Platform and (iv) you will not request (if you are a Recipient) or fulfil a request for (if you are a Creator) Creator Services that violates these General Terms, included Prohibited Content (as defined below), violate any applicable law or disparage or defame any person, entity, brand, or business. You hereby represent and warrant that you will use the Paysenger Platform and Creator Content (as defined below) in full compliance with these General Terms.
  6. You are responsible for creating a strong password and maintaining adequate security and control of any and all passwords related to your Account. You are fully responsible for each and any action made under your Account and/or by any person you are allowed to use your Account, including, but not limited to, payment of all the fees related to the use of your Account. We shall never be liable for any loss or damage due to the lack of security of your Account.
  7. We may perform verification of users claiming to be famous persons or celebrities and in such cases, we may mark verified users, for example, by marking such users as influencers or any similar marking. You acknowledge and agree that by verifying any user we do not guarantee that this verification is accurate and correct, we do not guarantee that the verified user is acting as a Creator will perform Creator Services properly and in time. We shall never be liable to you for your interaction with verified users and their performance of Creator Services if any.
3. Creator Services
  1. In consideration for Creator Services, any other interaction with a Creator or any other related services provided by a Creator, a Creator may take fees. A Creator will determine at its sole discretion pricing for its Creator Services. A Creator may set the price per minute, the price per message, the price of creation of the personalised response or use any other pricing model a Creator deems reasonable. You will be able to see the pricing of a Creator before you submit a request to a Creator for Creator Services (“Request”). You may submit a Request for the creation of a personalised response, for paid text chats or audio or video calls. In your Request you have the option to suggest to the Creator other pricing than set by such Creator. A Creator may update its pricing at its sole discretion without notifying you.
  2. When a Creator offers the opportunity to participate in real-time paid audio or video calls with such Creator, Creator’s participation in audio or video calls is subject to prior approval and booking. You shall send a Request to a Creator showing your intent to have an audio or video call with a Creator, unless a Creator sets the other rules of scheduling of chats and calls. You acknowledge and agree that a Creator has the sole discretion whether or not to participate in paid chats and calls or not.
  3. A Creator may set specific details or conditions for paid audio or video calls, including, but not limited to, (i) the approximate length of a call, (ii) limits on the number of or criteria for you and other individuals who can participate in the call, any other participation criteria, (iii) price per minute or per the call and (iv) any other conditions, limitations, restrictions, or information. You shall inform in advance if any other individuals will participate in the call and shall obtain approval of such additional participants from a Creator in advance.
  4. The Creator has full discretion to either accept your Request and related booking, if any, or reject without explanation of reasons. We also reserve the right to reject or cancel any Request and related booking at our sole discretion without explanation of reasons for such rejection or cancellation.
  5. You acknowledge and agree that a Creator has sole discretion to determine how to fulfil your Request, what topics to cover within paid chats or paid calls and what would be the content of the personalised response to you, and may not follow your request exactly.
  6. When a Creator offers the paid text chats services, the price for each message or minute of the chat will be displayed on such Creator’s profile page. You agree to pay all amounts due in accordance with the payment terms in effect at that time.
  7. You acknowledge that each call or chat with a Creator may be subject to change in the date or details, or cancellation, at our sole discretion or in some instances at the sole discretion of a Creator. At the same time, you may not cancel, reschedule, substitute, or exchange a call after booking. You may end your participation in a call at any time. We or a Creator may end a Call at any time for any reason, including due to your violation of these General Terms of any applicable policies or rules.
  8. You hereby represent and warrant that you acquire and purchase Creator Services for your personal, non-commercial, and non-promotional purposes and not for any kind of commercial or business purposes. Any commercial use of Creator Service, including the creation of personalised responses for commercial purposes, shall be permitted only upon express and informed acceptance by the respective Creator.
4. Fees and Payments
  1. A valid payment card or payment method designated by us is required to use the Paysenger Platform, including, to deposit to an internal balance, to pay for Creator Services and to receive payments from Recipients. You must provide the valid payment information (Visa, MasterCard, or other issuer or payment system accepted by the payment provider) that will be stored by our selected payment provider. You acknowledge and agree that we do not operate, own, or control the payment provider. Your use of your payment card or applicable payment method is governed by your agreement with and the privacy policy of the payment provider, not these General Terms. You agree to immediately update the payment information of any change in your billing address (or other information) for your payment card.
  2. As a Recipient you are responsible for checking fees and prices of Creators and in each instance before you send a Request to a Creator, transact with a Creator or start using any Creator Services that may incur a fee. As we are not a Party of your transactions with Creators as well as we do not provide you with Creator Services, we are not the party charging you for Creator Services. You shall cover all your expenses related to making payments to us or Creators including, but not limited to, bank fees, fees and any other charges of any payment systems.
  3. Paysenger may charge fees for the Paysenger Services provided to you, including, but not limited to, billing services. When you act as a Recipient, we will charge the fee of 5% of your payments to Creators when billed directly from your payment card and of 5% of amounts you deposit to the internal balance. When you act as a Creator, we will charge you the fee of 20% of all payments for Creator Services actually received by Paysenger. We have the right to change our fees at our sole discretion without notifying you.
  4. Requesting some types of Creator Services, including, but not limited to, paid text chats and paid video or audio calls, require maintaining a positive internal balance and such Creator Services will be billed only to your internal balance. We will make reasonable efforts to inform you of types of Creator Services that require a positive internal balance. You will not be able to use mentioned Creator Services with non-sufficient internal balance. We may allow you to pay for the first message to a Creator directly from your payment card, also Creator Services of creation of personalised replies will be allowed to be paid directly from your payment card.
  5. Your internal balance can be used only for the purpose of payment for Creator Services, you will not be allowed to make any payments or send any funds to any users of the Paysenger Platform unless it is connected to payment for Creator Services and is executed automatically. You hereby acknowledge and agree that, upon depositing to your internal balance, any deposited funds are non-refundable and non-withdrawable. We will only allow you to withdraw funds from an internal balance that were received as a payment for Creator Services.
  6. All transactions for Creator Services are settled in US Dollars (“USD”). You will be responsible for the payment of any fees or expenses imposed by your card provider or the payment processor to settle the transaction in USD. From time to time, we may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
  7. You hereby acknowledge and agree that Creator Services are not subject to refunds and no refunds will be issued to you.
  8. When you send a Request to a Creator we will lock (hold) funds corresponding to the expected amount of fee for Creator Services for a period of 5 business days. If a Creator rejects your Request, cancels your booking or fails to respond within 5 business days, we will unlock such funds. When a Creator accepts your Request or confirms booking we will bill your internal balance or payment card with an expected amount of fee for Creator Services and, if the actual fee for Creator Services exceeds the expected one, we will additionally bill your internal balance or payment card with the remaining amount of fee upon completion of Creator Services.
  9. The fee for text chats with a Creator will be billed to your internal balance each time you send a message to a Creator and this Creator responds on such message (including text, stickers, objects, computer files, videos, voice recording or any type of messages).
  10. You hereby acknowledge and agree that we will not act as an escrow agent to you and will not subject receipt of a payment to a Creator by your confirmation that Creator Services are performed properly and timely.
  11. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Paysenger Platform, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
5. Intellectual Property and Ownership

Ownership over Paysenger Platform

  1. The Paysenger Platform, including any enhancements, derivatives and improvements thereof, and Applications are the sole property of us. All the text, images, sounds, music, videos, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content that forms a part of the Paysenger Platform (collectively, the “Paysenger Content”) are the sole property of us or our affiliates.
  2. We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these General Terms, to access and use the Paysenger Platform, Applications, including downloading, installing and using on your mobile phones, tablets or other supported devices, and Paysenger Content solely for purposes approved by us from time to time. Any other use of the Paysenger Platform or Paysenger Content is expressly prohibited and all other right, title, and interest in the Paysenger Platform or Paysenger Content is exclusively the property of us, our affiliates or licensors.
  3. Nothing in these General Terms shall grant you any of such property rights and/or ownership rights and shall not be considered as an assignment of such rights. Other than access to the Paysenger Platform in accordance with the General Terms, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the Paysenger Platform or any other part of the Paysenger Content or in any other way manipulate the Paysenger Platform.

Creator content:

  1. You hereby acknowledge and agree that all the content, including, but not limited to, texts, messages, videos, voice recordings, video or audio streaming, pictures, photos, graphics, sounds, that is delivered to you, made accessible or available for your view, listening or access by a Creator in the course of Creator Services (“Creator Content) is licensed, not sold. The Creator remains the full owner and keeps all the rights, interest and title in the Creator Content.
  2. Upon the full payment for a creation of personalised response, the Creator grants to you a non-exclusive, royalty-free, fully paid, worldwide, irrevocable license to use, reproduce, distribute, and publicly display or perform associated Creator Content, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised, solely for your own personal, non-commercial and non-promotional purposes subject to these General Terms. Such license may be revoked by a Creator in case of your violation of respective license terms.
  3. The Creator Content made available for your view or listening in the course of text chats and video or audio calls with a Creator is solely licensed to you for your view or listening and not for any other purposes. You shall not reproduce, distribute, and publicly display or perform Creator Content made available to you in the course of text chats and video or audio calls without the prior written approval of a Creator.
  4. You hereby acknowledge and agree that you may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to Creator Content which would be prejudicial to the Creator’s honour or reputation; (ii) use Creator Content to advertise, market, or sell any third party product or service; (iii) use Creator Content in connection with images, videos, audios or other forms of media that depict hatred, intolerance, violence, cruelty, nudity, pornography or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate Creator Content in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these General Terms or solely for your personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of Creator Content; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to Creator Content; or (vii) attempt to mint, tokenise, or create an additional cryptographic token (including NFTs) representing Creator Content.

User Content:

  1. The Paysenger Platform allows a user (either a Creator or a Recipient or as a both) to upload its content, including, but not limited to, texts, videos, voice recordings, video or audio streaming, pictures, photos, graphics, sounds, messages and communications, comments, profile information and any other materials and information (collectively, “User Content”).
  2. You reserve all the rights in your User Content. You hereby grant to us, our affiliates and successors a non-exclusive, worldwide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute your User Content on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Paysenger Platform, or any other purpose related to us, including without limitation, the express right to: (i) display or perform your User Content on the Paysenger Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; and (ii) create and distribute digital or physical derivative works based on your User Content, including without limitation, compilations, collective works, and anthologies.
  3. When you make available your User Content for a view or listening in the course of text chats and video or audio calls you grants the counter-party of your call or chat a non-exclusive, royalty-free, fully paid up, and worldwide license to view or listening and not for any other purposes, unless you specified other scope of licensed rights in advance.
  4. You hereby grant us a nonexclusive, royalty-free license to use and display your trademarks, logos and photo images of you, if any, to mention your name, identifiers of your social media account and your testimonials in our promotional materials and advertisements. However, we obtain no rights in your trademarks and logos except for the limited right described herein, and you retain all right, title and interest in and to your trademarks and logos.
6. Prohibited Content and Prohibited Activities
  1. You hereby represent and warrant that you will not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide User Content or Creator Content (depending on your role) or otherwise disseminate through the Paysenger Platform any materials that (“Prohibited Content”):
    1. are false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory;
    2. are patently offensive to the online community, such as that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
    3. encourage conduct that would be considered a criminal offence or gives rise to civil liability;
    4. promote an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
    5. violates any third party’s intellectual property rights;
    6. provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    7. breach or infringe any duty toward or rights of any person or entity, including rights of publicity or privacy;
    8. violate any law, regulation, or court order;
    9. contain corrupted data or any other harmful, disruptive, or destructive files; or
    10. in our sole judgment, are objectionable, restrict or inhibit any person or entity from using or enjoying any portion of the Paysenger Platform, or which may expose us, our affiliates or our customers to harm or liability of any nature.
  2. You must not:
    1. display, stream or promote any pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory content;
    2. display or promote physical harm of any kind against any group or individual, any instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses;
    3. display or promote any information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    4. send junk mail or spam to our other users, including without limitation unsolicited advertising, promotional materials, or other solicitation material;
    5. record or make screenshots of calls, text chats in any way;
    6. harvest or collect email addresses or other contact information of our other users;
    7. defame, harass, abuse, threaten, or defraud our users, or collect or attempt to collect, personal information about users or third parties without their consent;
    8. use the Paysenger Platform for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
    9. violate any law, regulation, or court order;
    10. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
    11. access or use the Paysenger Platform for the purpose of creating a product or service that is competitive with any of our products or services;
    12. advocate, encourage or assist any third party in doing any of the foregoing.
  3. You must not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
  4. You shall be fully liable and responsible for your User Content and/or your Creator Content and actions made at or via the Paysenger Platform. You shall indemnify and hold us harmless in all and any claims and issues as it set out in these General Terms.
  5. In case you become aware of inappropriate behaviour of any user or the Prohibited Content either publicly displayed via the Paysenger Platform or delivered/made accessible to you, or of any actions, content or similar violating any applicable law or that in your good faith belief can violate any applicable law, you shall immediately contact our customer support team at the email: support@paysenger.com. In case of emergency when any criminal actions are either planned or already taking place, you shall report it to your local police office or, according to your knowledge, to other police offices having the authority of a territory where criminal actions are or can be taken.
  6. We shall have the right to monitor any chats, calls, personalised responses for any purpose we deem reasonable, including, but not limited to, preventing or getting aware of any criminal actions, money laundering, investigating or checking of a potential violation of these General Terms, for quality assurance. We have the right not to inform you of any monitoring of your chats, calls, personalised responses.
7. Third-party Products and Links
  1. Some interaction of a Creator and a Recipient in the course of the provision of Creator Services can be performed using third party video or audio conferencing services or any live chats that may be not our products or services and are out of control (“Third-party Products”). Prior to using Third-party Products we highly recommend you to check their terms of service, privacy policies and any applicable policies that governs your use of Third-party Products.
  2. We will not and shall not be liable for your usage of Third-party Products, disclosure of any personal information by you, any payments incurred by using Third-party Products.
  3. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Paysenger Platform.
Warranties
  1. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE GENERAL TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE Paysenger PLATFORM, CREATOR SERVICES AND ANY CONTENT DISTRIBUTED OR MADE AVAILABLE THROUGH THE Paysenger PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE Paysenger PLATFORM, CREATOR SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE Paysenger PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE Paysenger PLATFORM WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE Paysenger PLATFORM, CREATOR SERVICES OR CREATOR CONTENT WILL MEET YOUR REQUIREMENTS.
  2. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE Paysenger PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE Paysenger PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS DEVELOPED” AND “AS AVAILABLE” BASIS.
  3. YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CONTENT GENERATED BY YOU VIA THE Paysenger PLATFORM.
  4. WE ARE NOT OBLIGED TO PERFORM MONITORING, QUALITY CONTROL, BACKGROUND CHECK OR CHECK OF CREATORS, THEIR CREATOR SERVICES AND CREATOR CONTENT THEY MAKE AVAILABLE TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) ANY CREATOR IS A PERSON IT CLAIMS TO BE, (II) CREATOR’S PERFORMANCE OF CREATOR SERVICES AND CREATOR CONTENT WILL MEET YOUR REQUIREMENTS, EXPECTATIONS AND NEEDS.
  5. WE DOT REPRESENT AND WARRANT THAT (I) ANY CREATOR WILL BE AVAILABLE FOR PERFORMANCE OF CREATOR SERVICES, (II) ANY CREATOR WILL BE AVAILABLE OR KEEP ITS ACCOUNT AT THE Paysenger PLATFORM FOR ANY PERIOD OF TIME, (III) ANY CREATOR WILL ACCEPT YOUR REQUEST OR WILL BE WILLING TO PROVIDE CREATOR SERVICES TO YOU.
9. Limitation of Liability
  1. IN NO EVENT WE WILL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (I) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (II) FOR LOSS OF USE, INACCURACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESS INTERRUPTION; OR (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE GENERAL TERMS SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM (FOR ANY AVOIDANCE OF DOUBT, FEES ACTUALLY PAID BY YOU TO US WILL NEVER AND SHALL NEVER INCLUDE FEES FOR CREATOR SERVICES PAID TO CREATORS).
10. Indemnification
  1. You will indemnify, defend, and hold us, our affiliates and our/their employees, officers, directors, contractors, agents, and consultants, including but not limited to, financial advisors, accountants and attorneys (collectively “Representatives”) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms; (ii) your wrongful or improper use of the Paysenger Platform or any related services; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of rules set for User Content, Creator Content and your actions at the Paysenger Platform; (v) your violation of any applicable law, rule or regulation of any country; and (vi) any other party’s access and/or use of the Paysenger Platform with your unique name, password or other appropriate security code.
11. Termination
  1. These General Terms will remain in full force and effect while you use the Paysenger Platform and/or have an Account at the Paysenger Platform. You may cancel your Account at any time by contacting our customer support team.
  2. We may suspend, restrict, or terminate your access to the Paysenger Platform and/or deactivate or terminate your Account, with or without explanation, by giving you notice of our actions or without such notice. We may invoice you for any of our unpaid services upon cancellation of your Account.
12. General Provisions
  1. Although we intend to provide accurate and timely information on the Paysenger Platform, such information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, the Paysenger Platform or any our related services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Paysenger Platform are your sole responsibility and we shall have no liability for such decisions.
  2. From time to time, we may make available special offers or conduct promotions to all or certain users. Subject to applicable laws, we may establish qualifying criteria to participate in any special promotion at our sole discretion. We may revoke any special offer at any time without notice. We shall have no obligation to make special offers available to all customers.
  3. All notices and communications by you to us under these General Terms shall be made in writing to e-mail: support@paysenger.com and are effective on the date received (unless the notice specifies a later date).
  4. These General Terms of Service, Terms of Service for Creators, Privacy Policy, and all other documents incorporated by reference herein and therein, comprise the entire agreement between you and us.
  5. Section headings in these General Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these General Terms.
  6. These General Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving the Paysenger Platform.
  7. If any provision of these General Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
  8. We may not always strictly enforce our rights under these General Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
  9. These General Terms and any information or notifications that you or we are to provide should be in English. Any translation of these General Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these General Terms or other documents shall prevail.
  10. These General Terms are deemed entered into by the parties in the Republic of Cyprus. These General Terms shall be governed exclusively under the laws of the Republic of Cyprus and shall be subject to the exclusive jurisdiction of the Republic of Cyprus courts.
  11. We may modify these General Terms by providing notice of such changes, such as by sending you an email, providing notice through the Paysenger Platform, or updating the “Last Updated” date of these General Terms. By continuing to access or use the Paysenger Platform, you confirm your agreement to the modified General Terms. If you do not agree to any modification to these General Terms, you must stop using the Paysenger Platform. We encourage you to frequently review General Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Paysenger Platform.
  12. Upon termination of these General Terms, all sections of these General Terms which by their nature should survive termination or expiration will survive, including without limitation, the following sections: Section 3(h), Section 5, Section 6, Sections 7(b) – 7(c), Section 8, Section 9, Section 10, Section 14 and this Section 13(l).
13. Copyright infringements
  1. It is our policy to respond to alleged infringement notices that comply with the Copyright Law 59/1976 of the Republic of Cyprus (“Copyright Law”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Paysenger Platform, please notify us as set below. For your complaint you must provide the following information in writing:
    1. electronic or physical signature of a person authorised to act on behalf of the copyright owner;
    2. Identification of the copyrighted work that you claim has been infringed;
    3. Identification of the material that is claimed to be infringing and where it is located on the Paysenger Platform;
    4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agents, or law; and
    6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
  2. PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
  3. We will notify a user provided User Content and/or Creator Content that an infringement notification has been received and that the infringing User Content and/or Creator Content will be removed at the end of 24 hours unless a counter-notice is supplied to us. If no legitimate counter-notice is supplied, the infringing User Content and/or Creator Content will be removed from the Paysenger Platform.
  4. If a counter-notice is received by our customer support, we will restore access to such User Content and/or Creator Content and notify the original complaining party. The User Content and/or Creator Content will then remain published unless the copyright owner files an action seeking a court order against the user provided the User Content and/or Creator Content.
  5. Please contact our support team in order to file complaint at the following address: ATTN CAPITAL EU LTD, Attn: Copyright Infringement Address – John Kennedy, 8, IRIS HOUSE, Floor 7, Office 740C 3106, Limassol, Cyprus Or at the following email: support@paysenger.com

Last Updated on 23 November 2021

Terms of Service for Creators

These Terms of Service for Creators apply solely and govern the use of the Paysenger Platform by Creators. This Policy is a supplement to Paysenger’s General Terms of Service and incorporated thereto by the reference. By accessing, using or registering at the Paysenger Platform, setting your fees for Creator Services, agreeing to receive Requests from Recipients you agree to be legally bound by and to comply with these Terms.

All the definitions used in these Terms shall have the same meaning as in General Terms of Service unless these Terms set a different meaning.

References in these Terms to “Paysenger”, “we”, “our” or “us”, are to ATTN CAPITAL EU LTD and references to “you”, “your or “Creator” are to the person who provides Creator Services via the Paysenger Platform and with whom Paysenger enters into these Terms.

1. Eligibility of Creator
  1. In order to use the Paysenger Platform and provide Creator Services via the Paysenger Platform as well as to access Paysenger Services, you shall create an Account. We may create an Account for you at our sole discretion and apply all necessary settings as may be previously discussed with you. If we create an Account for you we will provide you with your login and temporary password, you shall change such temporary password immediately upon receipt from us.
  2. By creating an Account either directly or with our assistance, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us, and maintain and promptly update such information to keep it true, accurate, current, and complete. We shall have the right to verify your identity for several purposes, including but not limited to, complying with anti-money laundering or any applicable laws, assuring that you are the same person who you are claiming to be (for example, claiming to be a famous person or a celebrity), assuring that you are eligible to use the Paysenger Platform and provide Creator Services.
  3. If you do not complete a registration form as requested and/or do not provide us with the requested information and/or we believe that provided information is not correct or true, we have the right to suspend or terminate your Account and your use of the Paysenger Platform. You agree not to create an Account using a false identity or providing false information, or if you have previously been removed or banned from the Paysenger Platform.
  4. You are responsible for creating a strong password and maintaining adequate security and control of any and all passwords related to your Account. You are fully responsible for each and any action made under your Account and/or by any person you are allowed to use your Account, including, but not limited to, payment of all the invoices related to the use of your Account. You agree to notify us immediately of any unauthorised access or use of your Account. We shall never be liable for any loss or damage due to the lack of security of your Account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.
  5. The use of the Paysenger Platform and provision of Creator Services is only available for users i) who are 18 years old or older or ii) who are at least 13 years old and have their legal guardians’ prior informed consent (also meaning that such legal guardians must explain the underaged user in layman’s terms all the rules set in these Terms, General Terms of Services, Privacy Policy and applicable additional documents).
  6. For the purposes of identity verification, compliance with the law and the detection of money laundering, terrorist financing, fraud, or any other financial crime we may request the necessary information and documents from you to verify your identity. You hereby agree to provide us with the information we request and permit us to process and keep a record of such information. You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity and/or protect against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, national identification number, government identification documents, and, if applicable, information regarding your bank account (such as the name of the bank, the account type and account number). By providing us with the requested information, you confirm that such information is accurate and authentic. You agree to keep us updated if any of the information you provided changes. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.
2. Fees and Payment
  1. You shall have the right to determine pricing for your Creator Services at your sole discretion. You will be able to set prices in the relevant section of your Account. When we create an Account for you we set pricing for your Creator Services as discussed with you in advance. Our model allows you to set the price per minute, the price per message, the price of creation of the personalised response depending on the type of media or of Creator Services to be provided. We may change the functionality of the pricing section of your Account as well as introduce and/or disable any pricing models at our sole discretion. You may update its pricing at your sole discretion. We shall have the right to set any minimal and maximal limits of Creator’s prices and fees as well as we have the right to unify prices and fees for any categories of Creator Services and/or for any categories/groups of Creators.
  2. You hereby acknowledge and agree that it is your responsibility to determine whether, and to what extent, any taxes apply to your Creator Services you perform through the Paysenger Platform, including value added tax, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
  3. We will charge fees for the Paysenger Services provided to you, including, but not limited to, billing services. We will charge you the fee of 20% of all payments for Creator Services actually received by Paysenger. We have the right to change our fees and/or add additional types of fees at our sole discretion without notifying you.
  4. All transactions for Creator Services are settled in US Dollars (“USD”). You will be responsible for the payment of any fees or expenses imposed by your card provider or the payment processor to settle the transaction in USD. From time to time, we may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
  5. A valid payment card or valid bank account (when we support it) is required to be able to provide and get paid for Creator Services. You must provide the valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider) that will be stored by our selected payment provider. You may not use a payment provider other than the one selected by us.
  6. You will receive payments for your Creator Services from Recipients to your internal balance associated with your Account. If available, you may withdraw funds from your internal balance to your payment card (or your bank account, where available) by submitting a withdrawal request. We may set a minimum limit of withdrawal.
  7. Your withdrawal request will be processed by the payment provider. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you and/or set any withdrawal request. We will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information.
  8. You acknowledge that we do not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Unless otherwise agreed by us in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your payment card or your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if we, at our sole discretion, believe that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with the Paysenger Platform, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, at our sole discretion, are related to the violation.
  9. When your total withdrawal amount reaches 10,000 euro in one single or several transactions, we will request the necessary information and documents from you to verify your identity and comply with the law, and our withdrawals will be disabled until you provide us with all requested documents and information and you successfully pass an identity verification.
  10. We shall have the right to withhold or delay any payments to you if we have a good faith belief that you have performed your Creator Services non-properly and/or in violation of these Terms, provided that we will not and shall not be responsible to settle or assist in settling of any your disputes with Recipients.
  11. You shall accept or receive payments from Recipients only via the Paysenger Platform and our related payment provider. It is strictly prohibited to accept or receive payments from Recipients directly via any third-party’s payment systems not selected by us, by bank transfer and any other kind of payments or money transfer as well as payments and transfer of electronic money, digital assets, virtual assets (also known as crypto currency and tokens) out of our Paysenger Platform and our payment provider. You hereby acknowledge and agree that you must not solicit any of our users, including, but not limited to, solicit to leave the Paysenger Platform and work with you directly or solicit to register at any other platforms, websites or applications, you must not offer our users to make payments outside the Paysenger Platform.
  12. You hereby acknowledge and agree that we may at our sole discretion calculate and invoice to you our fees based on any payments received from recipients introduced to you via the Paysenger Platform that was not processed through the Paysenger Platform and related payment provider.
3. Requests and Creator Services
  1. From time to time, users of the Paysenger Platform may send you Requests for your Creator Services specifying requirements and their expectations for your Creator Services and/or your Creator Content. You have the sole right to either accept or reject any Request, provided that your rejections rate may influence your Creator’s rating at the Paysenger Platform and we have the sole right to terminate your Account or possibility to provide Creators Services at our sole discretion if we find that your rejection rate is unacceptable for us.
  2. You will have five (5) days to either accept or reject any Request, if you do not respond or react to the corresponding Request within five (5) days, this Request will expire and will be automatically rejected upon the expiration of the fifth day. We shall have the right to cancel any Request at our sole discretion without explanation of reasons for such cancellation either to you or a Recipient. No payment will be made to you for any declined, cancelled, or unfulfilled Request.
  3. You will have five (5) days to fulfil an accepted Request for a creation of a personalised response and to deliver or make available related Creator Content to a Recipient. We may provide you with guidelines or any best practices that you shall follow while performing Creator Services. Your personalised response to a Recipient upon approved Request is your responsibility and you have the discretion to determine how to fulfil the Request, however, Recipients are usually happiest when at least the majority of their Request is followed by a Creator. If you complete a Request but do not follow the general directions and requests of a Recipient, we may adjust the payment to be made to you. You shall not deliver the same Creator Content to two or more Recipients, your personalised responses should be unique and personalised to the Recipient.
  4. Any text chats and video or audio calls are subject to booking in advance. As a part of the Request, a Recipient may send you suggestions on booking time and date, you have full discretion to accept the proposed time and date or to propose another time and date. If you break your booking, it may affect your Creator’s rating and/or our ability to provide Creators Services.
  5. You shall keep any Requests, communication with Recipient and related Creator Content private and confidential when the Creator specified in the Request that any your Creator Services performed in the line of the Request are private and confidential in nature.
4. Creator Content
  1. The Paysenger Platform allows you to upload, submit, store, send, transmit, make available to view/listen for other users your Creator Content. Any third parties may search for and see any Creator Content you submit to public areas of the Paysenger Platform.
  2. When you upload, submit, store, send, transmit, make available to view/listen your Creator Content to or through the Paysenger Platform, you affirmatively grant to us, our affiliates and successors a non-exclusive, worldwide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute your Creator Content on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Paysenger Platform, or any other purpose related to us, including without limitation, the express right to: (i) display or perform your Creator Content on the Paysenger Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; and (ii) create and distribute digital or physical derivative works based on your Creator Content, including without limitation, compilations, collective works, and anthologies.
  3. You agree that we may display advertising with or in connection with your Creator Content. You further acknowledge and agree that we have no obligation to you in connection with any advertising displayed on or in connection with the Paysenger Platform (including no obligation to share any revenue received by us as a result of any such advertising).
  4. You hereby grant to a Recipient a non-exclusive, royalty-free, fully paid, worldwide, irrevocable license to use, reproduce, distribute, and publicly display or perform your Creator Content, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised, solely for Recipient’s own personal, non-commercial, and non-promotional purposes, subject to General Terms.
  5. When you make available a Creator Content for Recipient’s view or listening in the course of text chats and video or audio calls with you, you hereby grant a Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to view or listen this Creator Content.
  6. We reserve the right to remove any of your Creator Content that allegedly infringes another person’s copyright or trademark rights, thereby restricting access to or visibility of your Creator Content and restricting the Recipient’s ability to access, or view your Creator Content on the Paysenger Platform. We shall not be liable to you of your Creator Content that was subsequently taken down by us pursuant to a valid copyright infringement notice or a determination of a user’s violation of these Terms or General Terms.
  7. You shall not sell, resell, commercialise, or encumber your rights in any of your Creator Content, including creating a non-fungible token (NFT) or any other digital asset representing your Creator Content, not to tokenise your Creator Content by other means whether currently known or later discovered.
5. Publicity Rights
  1. You hereby grant us the authority to use your name, nickname, likeness, images, pictures, photographs, animations, voice, biographical information and/or any and all other identifying characteristics of you for the advertising and promotion of the Paysenger Platform in any form and media, now known or hereafter developed, including, but not limited to, on websites, platforms, video platforms (with pre-recorded or streamed content), conferences and exhibitions, decentralised virtual environments, virtual worlds, or other navigable and perceivable virtual environments, broadcasts and telecasts, and all other publicity, advertising, fans related events, venues or media.
6. Prohibited Content and Prohibited Activities
  1. You hereby represent and warrant that you will not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide Creator Content or otherwise disseminate through the Paysenger Platform any materials that (“Prohibited Content”):
    1. are false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory;
    2. are patently offensive to the online community, such as that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
    3. encourage conduct that would be considered a criminal offence or gives rise to civil liability;
    4. promote an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
    5. violates any third party’s intellectual property rights;
    6. provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    7. breach or infringe any duty toward or rights of any person or entity, including rights of publicity or privacy;
    8. violate any law, regulation, or court order;
    9. contain corrupted data or any other harmful, disruptive, or destructive files; or
    10. in our sole judgment, are objectionable, restrict or inhibit any person or entity from using or enjoying any portion of the Paysenger Platform, or which may expose us, our affiliates or our customers to harm or liability of any nature.
  2. You must not:
    1. display, deliver, stream or promote any pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory content;
    2. display or promote physical harm of any kind against any group or individual, any instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses;
    3. display or promote any information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    4. send junk mail or spam to our other users, including without limitation unsolicited advertising, promotional materials, or other solicitation material;
    5. record or make screenshots of calls, text chats in any way;
    6. harvest or collect email addresses or other contact information of our other users;
    7. defame, harass, abuse, threaten, or defraud our users, or collect or attempt to collect, personal information about users or third parties without their consent;
    8. use the Paysenger Platform for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
    9. violate any law, regulation, or court order;
    10. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
    11. access or use the Paysenger Platform for the purpose of creating a product or service that is competitive with any of our products or services;
    12. advocate, encourage or assist any third party in doing any of the foregoing.
  3. You must not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
  4. You shall be fully liable and responsible for your Creator Content and actions made at or via the Paysenger Platform. You shall indemnify and hold us harmless in all and any claims and issues as it set out in these Terms.
  5. In case you become aware of inappropriate behaviour of any user or of any Request that was made in violation of General Terms or of any actions, content or similar violating any applicable law or that in your good faith belief can violate any applicable law, you shall immediately contact our customer support team at the email: support@paysenger.com. In case of emergency when any criminal actions are either planned or already taking place, you shall report it to your local police office or, according to your knowledge, to other police offices having the authority of a territory where criminal actions are or can be taken.
  6. We shall have the right to monitor any chats, calls, personalised responses for any purpose we deem reasonable, including, but not limited to, preventing or getting aware of any criminal actions, money laundering, investigating or checking of a potential violation of these terms, for quality assurance. We have the right not to inform you of any monitoring of your chats, calls, personalised responses.
7. Indemnification
  1. You will indemnify, defend, and hold us, our affiliates and our/their Representatives harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (ii) your wrongful or improper use of the Paysenger Platform or any related services; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of rules set for Creator Content and your actions at the Paysenger Platform; (v) your violation of any applicable law, rule or regulation of any country; and (vi) any other party’s access and/or use of the Paysenger Platform with your unique name, password or other appropriate security code.
8. Termination
  1. These Terms will remain in full force and effect while you use the Paysenger Platform and/or have an Account at the Paysenger Platform. You may cancel your Account at any time by contacting our customer support team.
  2. We may suspend, restrict, or terminate your access to the Paysenger Platform and/or deactivate or terminate your Account, with or without explanation, by giving you notice of our actions or without such notice. We may invoice you for any of our unpaid services upon cancellation of your Account.
9. General Provisions
  1. All notices and communications by you to us under these Terms shall be made in writing to e-mail: support@paysenger.com and are effective on the date received (unless the notice specifies a later date).
  2. These Terms of Service for Creators, General Terms of Service , the Privacy Policy, and all other documents incorporated by reference herein and therein, comprise the entire agreement between you and us.
  3. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
  4. These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving the Paysenger Platform.
  5. If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
  6. We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
  7. These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
  8. These Terms are deemed entered into by the parties in the Republic of Cyprus. These Terms shall be governed exclusively under the laws of the Republic of Cyprus and shall be subject to the exclusive jurisdiction of the Republic of Cyprus courts.
  9. We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Paysenger Platform, or updating the “Last Updated” date of these Terms. By continuing to access or use the Paysenger Platform, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Paysenger Platform. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Paysenger Platform.
  10. Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive, including without limitation, the following sections: Section 4, Section 6, Section 7 and this Section 9(j). Section 5 should survive termination and be in effect for one (1) year following termination.

Last Updated on 22 November 2021