USER AGREEMENT WITH A CREATOR

Version No. 5
This document was last updated on July 09, 2021.

This User Agreement (the "Agreement") is a legally binding agreement between Smart Glocal Services Limited (the "Company," "we," "our") and You (the "User," "you," "your") that sets out the terms of use for the Company’s software and services, collectively referred to as the "Service."

PLEASE READ THIS USER AGREEMENT CAREFULLY. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO ALL THE TERMS OF THIS AGREEMENT. YOU MAY NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.

By using the Service, you agree that you have read, understand, and unconditionally accept all the terms of this Agreement. If you do not agree to any provision of this Agreement, or you believe that any provision of this Agreement infringes on your rights, or in any other way puts you at a disadvantage, then you must immediately stop any use of the Service.

We constantly strive to improve our Service by providing you with new features and capabilities, so we may make changes to this Agreement from time to time. If we make changes, we will notify you in any way we can. At the same time, we recommend that you periodically check the date of the last update of this Agreement, indicated at the top of it, and, if it is updated, get acquainted with the new version of the Agreement.


Terms of use of the Service
We grant you a limited, non-exclusive, non-transferable license to access and use the service. All rights to the Service, including software rights, are the Exclusive property of the Company. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale, create derivative works based on our Service or its component parts, or otherwise use the software except for the purpose of using the Service.


Eligibility
By using the Service, you confirm that you have reached the required age in accordance with your personal legislation and that you have all the necessary powers and permissions for such use. If you are prohibited by your personal law from using our Service, you must refuse to use the Service, otherwise you and only you will be solely responsible for using the Service in violation of the requirements of your personal law.

If you use the Service on behalf of an organization which you represent and warrant that
i) you are an authorized representative of such an organization and you have the full legal authority to enter into this Agreement on behalf of such an organization;
ii) the organization’s personal laws do not prohibit it from using our Service.

If you do not have the appropriate authority or the organization is prohibited from using our Service in accordance with its personal laws, then you must refuse to use the Service, otherwise, you and the organization you represent will be solely responsible for using the Service in violation of the requirements of your personal law.


Registration in the Service
To start using the Service, you must complete the registration process. You must provide all the information requested by the Company, as well as confirm your acceptance of the terms of this Agreement. You understand and agree that we may, in our sole discretion, refuse to register you without giving any reason for such refusal.

By completing the registration process, you confirm that the information you provide is yours, accurate, and reliable, and you agree to keep it up-to-date and update it if any information changes. When entering legal relations with you, the Company relies on the accuracy of the information provided by you.

We may check the information you provide from time to time. You hereby authorize us, directly or through third parties, to make any requests that we deem reasonably necessary to verify your identity and the information you provide and to take any actions based on the results of such requests that we deem reasonably necessary to protect us and other Users from fraud.

You are responsible for ensuring that your credentials are properly secured. Loss or compromise of your credentials or your personal information may result in unauthorized access to your account by third parties, which may result in the loss or theft of your information, including related Bank accounts and credit cards. If you believe that your account has been compromised, please contact our support team immediately via the Service.


Your role in the Service
All users of the Service are divided into two groups: Creators and Followers. By accepting the terms of this Agreement, you start using the Service as a Creator. However, this does not prevent you from also using the Service as a Follower by entering into a corresponding agreement with the Company.

Creators are users of the Service who create digital content. The Service provides Creators with the opportunity to sell access to their digital content to Followers, as well as to accept financial support from Followers in the form of a gratuitous gift of funds.


Creators' digital content
You represent and warrant that you are a creator (author) of digital content and/or have the appropriate rights to publish digital content.

You also confirm and guarantee that the digital content:
i) does not violate the terms of Service;
ii) does not violate applicable laws, the personal laws of a Follower and/or a Creator;
iii) does not violate the rights of third parties (copyright, exclusive rights, rights to means of individualization, etc.);
iv) does not discriminate on the basis of gender, sexual orientation, race, color, nationality, language, origin, attitude to religion or other beliefs;
v) does not contain propaganda of certain political beliefs, as well as negative or critical statements about politics;
vi) does not call for violence, extremist activities, overthrow of the existing government or other establishments, the use or distribution of narcotic and psychotropic substances, and other activities prohibited by applicable law;
vii) does not have a slanderous, insulting, or discrediting character;
viii) does not contain images of naked human bodies or other sexualities ("adult content"), and is not intended to arouse sexual feelings or justify sexual behavior towards underage human children.

We reserve the right to check the digital content of the Creator for its compliance with this Agreement. We reserve the right to terminate any use of the Service by you without prior notice if we determine that your digital content violates the terms of this Agreement.


Relationship between Creator and Follower
Selling access to digital content to a Follower, as well as accepting funds from the Follower by the Creator is a deal. All deals are made directly between a Creator and a Follower. The Company does not participate in such deals, does not determine their terms, does not monitor their proper execution, and is not responsible for their legality for both a Creator and a Follower.

Before entering into the deal, you must ensure that it is legal and meets the requirements of your personal legislation. Remember that you and only you are responsible for the legality and acceptability of the deal.


Cost of access to digital content
You independently set the cost of access to your digital content. You can set the cost of access depending on the amount of access provided (for example part of digital content or all digital content), the period of access (for example 1 view — "rental," "1 week", "1 month", "1 year", "forever"), the frequency of payment (for example "one-time payment", "regular payment"), etc.

The minimum cost of access to digital content that can be sold through the Service is 1 EUR (if the cost is lower than this amount, the commission of payment providers will eat up all the money, and you will not receive anything). The maximum cost of access to digital content that can be sold through the Service is 100 EUR.


Appointment of the Company
By joining this agreement, you appoint the Company as your agent for collecting funds and instruct us to perform all necessary actions to collect funds received from Followers to a Creator. Acting as your agent, we will act on our own behalf, but in any case, in your best interests.


Obligations of the Company
The Company undertakes, on its own behalf, to
i) organize the collection of funds received from Followers to a Creator, and
ii) transfer all collected funds to a Creator in accordance with the terms of this Agreement.


Remuneration of the Company

Currently, the Company does not take any remuneration from the Creator for the provision of services under this Agreement. However, we reserve the right to impose a fee for using the Service at any time. In this case, we will make changes to this Agreement and notify you in any way we can.


Payment providers' fee
To organize the collection of funds and their subsequent transfer to a Creator, the Company seeks to conclude contracts with various payment providers that provide convenient and secure payment methods. The Company enters into these contracts on its own behalf, and therefore the Company is fully responsible for the execution of these contracts, including payment processing, refunds, and chargeback.

A Creator undertakes to compensate the Company for expenses incurred by the Company in connection with the execution of contracts with payment providers (fee of payment providers, refunds, chargeback) and therefore instructs the Company to deduct such expenses from the amount of funds to be transferred to a Creator.

The amount of fee for payment providers that accept funds from Followers is:
2.5% but not less than 0.08 EUR

The amount of fee for payment providers that withdrawal funds to a Creator is:
•‎ transfer to a bank card — 2% plus 0.5 EUR
•‎ transfer to a bank account — 15 EUR


Payment instruction
The Company transfers funds to a Creator in accordance with the Payment instructions received from a Creator. When registering in the Service, a Creator must choose the payment method by which they want to receive funds from the Company, choose one of the supported payment currencies, and provide the Company with valid payment details to which the funds should be transferred.

If the payment currency chosen by a Creator differs from the currency of the funds collected by the Company on behalf of a Creator, the Company converts the funds in accordance with the conversion rate of the payment method chosen by a Creator.

If the payment method chosen by a Creator does not allow the transfer of all funds due to a Creator in one payment, the Company has the right to transfer funds to a Creator in several payments in the maximum amounts possible for the payment method chosen by a Creator, during any amount of time necessary for the transfer of the entire amount of funds due to a Creator.


Transfer of funds
The Company transfers to the Creator all the funds collected by the Company twice a month:
i) the funds collected from the 1st to 15th day of the month will be transferred on 25th day (or on the nearest business day) of the month;
ii) the funds collected from the 16th to 31st day of the month will be transferred on 10th day (or on the nearest business day) of the next month.

The Company transfers to the Creator all the funds collected by the Company if the total amount of funds for withdrawal to a bank card is equal to or exceeds 100 EUR, and for withdrawal to a bank account is equal to or exceeds 100 EUR.

A Creator understands and agrees that the Company’s obligation to transfer the collected funds to a Creator arises only if the Company actually receives funds from Followers.

The Company undertakes notifying a Creator if it is impossible to transfer funds to a Creator due to the invalidity of the payment details provided by a Creator. In this case a Creator is obliged to provide the Company with new, valid payment details. The Company has the right to suspend the transfer of funds to a Creator until new, valid payment details are received from a Creator.


Refusal to transfer funds
The Company has the right to unilaterally suspend any transfer of funds to a Creator or completely refuse to transfer all collected funds to a Creator if:

i) a Creator violates the terms of the Agreement;
ii) there are grounds to suspect a Creator of fraudulent or illegal activities;
iii) a Creator has provided the Company with false information about themself and their activities, or could not confirm the accuracy of the information provided;
iv) the Company has received a corresponding request from payment providers, payment systems, or competent government authorities;
v) the transfer of funds violates the requirements of applicable legislation, including those on countering the legalization (laundering) of proceeds from crime, the financing of terrorism, as well as international sanctions.

In this case, the Company may, at its sole discretion, either return the funds to Followers, or withhold all collected funds as a penalty for violating the terms of this Agreement.


Prohibited use
We strive to ensure that the Service is convenient and used by as many Users as possible, but there are areas of the possible use of the Service in which we would not want to participate for moral, ethical, or other reasons.

We strictly prohibit using the Service to buy, sell, distribute, or pay for:

1. Any criminal activity:


  • Incitement, solicitation, or promotion of Hate/Violence/Racism/Religious persecution;
  • Encouragement, promotion, facilitation, or instructing others to engage in illegal activity, fraud, or the sale of dangerous or hazardous goods;
  • Encouragement, promotion, and sale of prohibited goods and services:
‣ Drugs / Illicit substances, steroids, etc, and related drug paraphernalia;
‣ Weapons, firearms, and ammunition;
‣ Cigarettes and any tobacco products;
‣ Medications, dietary supplements;
‣ Government ID’s or documents;
‣ Stolen goods including digital and virtual goods;
‣ Calling cards;
‣ Fraudulent/deceptive marketing practices;
‣ High-Risk File hosting/sharing and cyberlockers;

2. Any form of high yield financial investments and get-rich-quick schemes:
  • Pyramid or Ponzi schemes, matrix programs;
  • Online trading services;
  • Gambling business (casinos), betting, wagering on the Internet;
  • Penny and Reverse Auctions.

3. Any form of violation of intellectual property rights:
  • Infringe any duly registered copyrights/trademarks or other violation of intellectual property rights;
  • Distribution of music, video, software, and other products with no license issued by the copyright holder / authorized organization;
  • Distribution of counterfeits, distribution of products without any certificates.

4. Any form of prohibited adult content:
  • Child porn and porn with minors;
  • Rape and other unlawful forced sexual actions without consent.

5. Any other goods that are prohibited or restricted by applicable law and/or the Personal law of a Creator or Follower.

We reserve the right to monitor and analyze any information we receive from you at any time to identify the prohibited use of the Service. We reserve the right to terminate any use of the Service by you without notice if we determine that your use of the Service is related to prohibited use.


Suspension and termination of registration
You understand and agree that the Company has the right at any time in its sole discretion to suspend or terminate your registration in the Service if we reasonably believe that you are violating the terms of this Agreement. We will notify you of our actions unless a government order or court order prohibits us from providing you with such notification.

You acknowledge that the Company’s decision to suspend or terminate your registration may be based on confidential criteria that are necessary for the Company’s risk management and security protocols. You agree that the Company is not obligated to disclose to you the details of risk management and security procedures.

You can terminate your registration in the Service at any time by writing a corresponding message to the support service via the Service. Your registration will be terminated within 5 business days from the date we receive this message.

You understand and agree that in order to fulfill our obligations to payment providers and government agencies, we have the right to store information about your registration and use of the Service for a period of 5 (five) years from the date of termination of your registration.


Inactive Creator
Creator inactive is a status that we assign to a Creator in the following cases:
i) a Creator has not used the Service within the last 90 (ninety) consecutive calendar days; and/or
ii) a Creator within 30 (thirty) calendar days from the date of the relevant request has not provided new, valid payment details; and/or
iii) Creator within 10 (ten) calendar days from the date of the relevant request has not provided the Company tax information; and/or
iv) the information provided by a Creator during registration has not been verified in accordance with the Company’s internal procedures.

If a Creator is assigned the status of "inactive Creator," the Company suspends the registration of such Creator in the Service, stops collecting funds to such Creator, as well as any transfer of funds to such Creator.

If the Company does not have funds to be transferred to a Creator, the Company has the right to terminate a Creator’s registration in the Service after 30 (thirty) calendar days from the date when a Creator was assigned the "inactive Creator" status.

If the Company has funds to be transferred to a Creator, the Company has the right to charge and withhold from a Creator a penalty of 1% (one percent), but in any case at least 1 EUR, of the amount of funds to be transferred to a Creator, for each calendar day of suspension of registration. The Company terminates registration of a Creator in the Service at the moment when the amount of money to be transferred to a Creator is zero.


Taxes
Generally, the Company does not carry out the calculation, withholding, and payment of taxes. At the same time, the Company reserves the right to deduct and withhold from the funds to be transferred to a Creator the amount of any taxes, if such an obligation is imposed on the Company in accordance with applicable law. The Company has the right to request any tax information it needs from a Creator, and a Creator undertakes to provide it within 2 (two) calendar days from the date of receipt of the corresponding request.


As is
The Service is provided on an "as is" basis. The Company does not provide any express or implied warranties with respect to the Service, including, but not limited to, guarantees that: the Service and its functionality meet your requirements and/or expectations, the use of the Service will increase your profit, the Service will operate continuously, quickly, reliably, and without errors; the results that can be obtained using the Service will be accurate and error-free; all errors in the Service will be corrected immediately.

We make commercially reasonable efforts to ensure the operation of the Service around the clock, but we cannot guarantee that there will be no interruptions due to technical failures or maintenance work, and we cannot guarantee the full and error-free operation of the Service.

Since the Service is at the stage of constant addition and updating of functionality, the form and nature of products and features provided may change from time to time without prior notice to the User.


LIMITATION OF LIABILITY
YOU CLEARLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS RESPECTIVE OFFICERS (EMPLOYEES AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY DAMAGES, OR LOST PROFITS THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE. YOU UNDERSTAND AND AGREE THAT UNDER ANY CIRCUMSTANCES, THE COMPANY’S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT OF 50 EUR AND CAN ONLY BE IMPOSED ON THE COMPANY ON THE BASIS OF AN EFFECTIVE COURT DECISION.


Indemnification
You agree to indemnify, defend, and hold harmless the Company and its representatives (directors and employees) from any claims, liabilities, damages, judgments, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your use of the Service, including your violation of this Agreement.


Force majeure
The Company is released from liability for partial or complete failure to fulfill its obligations under this Agreement in the event of force majeure, i.e. circumstances of an extraordinary and unforeseen nature, beyond the control of the Company, such as: war (local, international, unjust and just), sudden and/or planned military attack by an enemy nation, army (regardless of whether war is declared or not), invasion (including alien, but still unrighteous); civil war, unrest and riots, strikes; a military coup; a flood, earthquake, fire, hurricane, tornado, lightning strike, landslide, or other natural disasters of local, national, or international scale; an epidemic or pandemic, including as a result of unsuccessful culinary experiments; an accident; stupidity or carelessness of the Parties; death (including individual or group suicide) of specialists of the parties; the collapse of the economic and financial system of the world or local scale; total and comprehensive apocalypse or other manifestation of the end of the world.


Survival
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, such provision will be modified and interpreted to achieve the purposes of the provision to the greatest extent possible, and the validity and applicability of any other provision of this Agreement will not be affected.


Applicable law
This Agreement is governed by the applicable laws of Hong Kong. All and any disputes under this Agreement shall be settled exclusively in the courts of Hong Kong.


Privacy
The collection, processing, and use of personal data provided by you in connection with the use of the Service are carried out by the Company in accordance with the Privacy policy.


Notifications
The Company and the User hereby agree that any emails, notifications, requests, and documents transmitted to each other through the Service will be considered properly sent and received.


Contact us
If you have any suggestions, feedback, questions, or complaints, you can send a corresponding email to our technical support via the Service. Please include your name and any other information that will help us identify you in our Service.


Company information
Smart Glocal Services Limited
Registration number: 2 952 290
Address: Unit A, 11/F, Arthur Commercial Building, 33 Arthur Street, Yau Ma Tei, Kowloon, Hong Kong SAR