Terms of Service

Version No. 1

This document was last updated on December 10, 2021.

 

This User Agreement (the "Agreement") is a legally binding agreement between Polorix Limited liability company (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 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: 5 USD (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: 150 USD.

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 USD  (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 150 USD.

 

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 service 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 based on 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, the 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:

2. Any form of high yield financial investments and get-rich-quick schemes:

3. Any form of violation of intellectual property rights:

4. Any form of prohibited adult content:

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

Our Services are provided "as is". Fanplusone and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Fanplusone nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

 

Without limiting the generality of the foregoing, Fanplusone does not represent and warrant to you that:

your use of the Services will meet your requirements; 

data provided through the Services will be accurate; 

or the Services and any content made available on or through the Services are free of viruses or other harmful components.

 

In no case shall Fanplusone represent and warrant that the User's membership bot will not be blocked or banned bу any third parties, including Telegram LLC or its affiliate companies, application stores of any kind, including AppStore. If the User's membership bot will be blocked or banned, Fanplusone will not be responsible for this and shall not indemnify the User against any losses in connection with such blocking or ban.

 

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 USD AND CAN ONLY BE IMPOSED ON THE COMPANY ON THE BASIS OF AN EFFECTIVE COURT DECISION.

 

Indemnification

You agree to indemnify and hold harmless Fanplusone, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of these Terms and the Agreement, your violation of applicable laws, rules or regulations.

 

In such case, Fanplusone will provide you with notice of such claim, suit, or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit, or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request, and at your expense.

 

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 Poland. All and any disputes under this Agreement shall be settled exclusively in the courts of Poland.

 

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.
 

Personal Data

By accepting these Terms, you expressly allow Fanplusone to process your personal data, export your personal data outside of the jurisdiction in which you reside or are located. For more information, read the official Fanplusone's Privacy Policy here.

The User is obliged to determine the personal data legislation for each customer and comply with its requirements for each such customer separately. In the cases and in the form stipulated by the personal data legislation, the User shall obtain the voluntary consent of its customers or has any other legal basis (legal ground) to collect, store and process customers' personal data (including by Fanplusone) for the purposes, including but not limited to, of using the Services, the execution of these Terms and resolving claims arising from these Terms. The User acts as a representative of Fanplusone in relation to the User's customers on the use of personal data and also bears full responsibility to its customers for their personal data. The User is obliged to inform and in cases stipulated by the personal data legislation obtain the consent of the User's customers for the transfer of their personal data to Fanplusone and bring to the User's customers all required information in accordance with the personal data legislation, about Fanplusone as the person to whom the personal data of the User's customers are transmitted. The User undertakes to take and ensures that it has taken all the necessary and sufficient organizational and technical measures to protect the User's customers' personal data.

 

Translation

These Terms were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will prevail.

 

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

Polorix Limited liability company

Registration number: 0000926609

Address: Mazowiecka str. 11/49, Warsaw, Poland

Version No. 1

This document was last updated on December 10, 2021.

 

This User Agreement (the "Agreement") is a legally binding agreement between Polorix Limited liability company (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 USD (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 1 USD.

 

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:

 2.9% + 0,15 USD but not less than 0.15 USD for International cards

 1.8% + 0,10 USD but not less than 0,10 USD for European cards

 

The amount of fee for payment providers that withdraw funds to a Creator are:

 transfer to a bank card — 1,5% plus 1.5 USD

 

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 USD, and for withdrawal to a bank account is equal to or exceeds 100 USD.

 

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 to notify 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:

2. Any form of high yield financial investments and get-rich-quick schemes:

3. Any form of violation of intellectual property rights:

4. Any form of prohibited adult content:

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 USD, 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

Our Services are provided "as is". Fanplusone and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Fanplusone nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

 

Without limiting the generality of the foregoing, Fanplusone does not represent and warrant to you that:

 

In no case shall Fanplusone represent and warrant that the User's membership bot will not be blocked or banned bу any third parties, including Telegram LLC or its affiliate companies, application stores of any kind, including AppStore. If the User's membership bot will be blocked or banned, Fanplusone will not be responsible for this and shall not indemnify the User against any losses in connection with such blocking or ban.

 

 

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 USD AND CAN ONLY BE IMPOSED ON THE COMPANY ON THE BASIS OF AN EFFECTIVE COURT DECISION.

 

Indemnification.

You agree to indemnify and hold harmless Fanplusone, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of these Terms and the Agreement, your violation of applicable laws, rules or regulations.

 

In such case, Fanplusone will provide you with notice of such claim, suit, or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit, or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request, and at your expense.

 

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 Poland. All and any disputes under this Agreement shall be settled exclusively in the courts of Poland.

 

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.

 

Personal Data

By accepting these Terms, you expressly allow Fanplusone to process your personal data, export your personal data outside of the jurisdiction in which you reside or are located. For more information, read the official Fanplusone's Privacy Policy here.

The User is obliged to determine the personal data legislation for each customer and comply with its requirements for each such customer separately. In the cases and in the form stipulated by the personal data legislation, the User shall obtain the voluntary consent of its customers or has any other legal basis (legal ground) to collect, store and process customers' personal data (including by Fanplusone) for the purposes, including but not limited to, of using the Services, the execution of these Terms and resolving claims arising from these Terms. The User acts as a representative of Fanplusone in relation to the User's customers on the use of personal data and also bears full responsibility to its customers for their personal data. The User is obliged to inform and in cases stipulated by the personal data legislation obtain the consent of the User's customers for the transfer of their personal data to Fanplusone and bring to the User's customers all required information in accordance with the personal data legislation, about Fanplusone as the person to whom the personal data of the User's customers are transmitted. The User undertakes to take and ensures that it has taken all the necessary and sufficient organizational and technical measures to protect the User's customers' personal data.

 

Translation.

These Terms were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will prevail.

 

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

Polorix Limited liability company

Registration number: 0000926609

Address: Mazowiecka str. 11/49, Warsaw, Poland