USER AGREEMENT WITH A FOLLOWER

Version No. 3
This document was last updated on August 03, 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.

Except for certain services available to you when using the service, the use of the Service itself is free of charge for you. 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.


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.


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 will start using the Service as a Follower. However, this does not prevent you from also using the Service as a Creator by entering into a corresponding agreement with the Company.

Followers are users of the Service who view the Creators' digital content. The Service provides Followers with the opportunity to buy access to the content of Creators and/or financially support Creators they like — to give them money free of charge in a form of a gratuitous gift of funds.


The relationship between a Follower and Creator
A Follower’s gift of money to a Creator or buying a Follower access to digital content is a deal. All deals are made directly between the Creator and a Follower. The Company does not participate in such deals, does not determine their terms, does not monitor its proper execution, and is not responsible for their legality for both a Follower and a Creator.

Before entering into a deal, you must make sure that it is legal and meets the requirements of your personal legislation. Please note that you and only you are responsible for the legality and acceptability of the relevant deal with a Creator of your choice.


Financial support for a Creator
You can choose the amount of money that you want to give to the corresponding Creator.
Minimum gift size: 1 EUR (if the gift size is lower, the fee of payment providers will eat up all the money, and a Creator will not receive anything).
Maximum gift value: 100 EUR.
You can choose the frequency of payment — it can be a one-time payment or a regular one.

Financial support of a Creator is provided by a Follower’s transfer of funds to the Company. To transfer funds, you must choose one of the payment methods available in the Service.

By providing financial support to a Creator, you acknowledge and agree that all your payments to a Creator are final and non-refundable. If you decide to request a refund despite this condition, you must contact the Company directly to resolve this issue.

If we become aware that you are requesting a refund without contacting the Company, we reserve the right to immediately and unilaterally terminate any of your use of the Service.

Remember that the financial support of a Creator is a gift of money, which means it is a gratuitous deal, i.e., a transaction that does not involve any counter-provision. A Creator who has received financial support from you does not become obligated to you in any way. You do not have the right to require a Creator to perform any actions.


Purchase access to digital content
Each Creator independently sets the cost of access to their digital content. The cost may depend 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 the Creator will not receive anything). The maximum cost of access to digital content that can be sold through the Service is 100 EUR.


Payment frequency
The Service allows you to choose the frequency of payments — these can be one-time payments or regular payments. The choice of payment frequency is available both for financial support and for purchasing access to digital content.

PLEASE NOTE that If you choose periodic payments, you agree that every month on the date of your first payment (or on the nearest business day), the same amount of payment that you paid for the first time will be deducted from your payment method without acceptance. Periodic payments will occur until you cancel them yourself by sending a relevant message through the Service.


The Company’s role in the Service
The Company is a payment agent authorized by Creators to perform all necessary actions in their interests to collect funds received from Followers to Creators, including entering into appropriate agreements with payment providers, processing requests for refunds, etc.

From the moment the Company receives a Follower’s funds, a Follower’s obligations to transfer funds to a Creator within the framework of the relevant deal are considered to be duly fulfilled.


Company’s attitude to Creators' digital content
THE COMPANY HAS NOTHING TO DO WITH A CREATORS' DIGITAL CONTENT.

The Company does not control the content of a Creators' digital content, including what digital content is:
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, 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 ask you to inform us about Creators whose digital content you believe violates the terms of Service. We endeavor to consider each of your requests and take appropriate measures, up to the complete blocking of a Creator’s ability to use the Service. We hope to see you. Together, we will make our Service safe.


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.


Taxes
You are solely responsible for determining whether any taxes apply to payments that you make using the Service, as well as for withholding, collecting, reporting, and transferring the correct amounts of taxes in accordance with your personal tax laws.


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