memberse

Terms and Conditions

Herein we provide all information about who we at Memberse are, and how our platform and services are provided.

 

Who we are at Memberse
    1. Memberse is a membership-based platform for content creators to start a community. It is operated by Memberse, Inc, 1000 Brickell Avenue, Miami, FL 33131, and its parent company Memberse OÜ, Tallinn, Estonia, (hereinafter together: Memberse).
    2. These Terms and Conditions reflect how our platform and services (hereinafter the Memberse platform) work and sets forth the applicable laws and our founding principles. Thus, these Terms and Conditions define our relationship with our creators and members of the creators’s communities. Understanding these Terms and Conditions is important because, to use the Memberse platform, you accept these Terms and Conditions. If you are unwilling to accept these Terms and Conditions, you cannot use the Memberse platform.
    3. You may always contact us to enquire about these Terms and Conditions or for any assistance at [email protected].

 

What we do at Memberse and as a Community, and how
    1. The Memberse platform was created to provide creators with a safe and healthy space for creating and sharing quality content with their community members. The Memberse platform also enables creators to be paid by their community members.
    2. The Memberse platform is established and operates for its community – creators and members – and not for advertisers. Our aim is to bring relevant content close to members and make it enjoyable and reasonable for creators to create and share their content on the Memberse platform in an accessible, easy-to-follow manner, without the distraction of advertisements.
    3. For the community to thrive, it is important to keep it as a safe and supportive space for all within the community. This is where our Community Guidelines – rules and recommendations for how to behave on the Memberse platform – come into play. To sum up, the Community Guidelines set forth what kinds of content may not be posted on the Memberse platform and describes the consequences of breaching the Community Guidelines – anyone can always report a community member and their behavior using the in-app reporting feature. Memberse will review all reports and decide whether there is a violation of our Community Guidelines, and in case of a violation, we may remove the content, suspend or ban the account, and/or notify law enforcement. We hope our users respect the Community Guidelines – just as we respect our users.
    4. Your rights regard your personal data, including the use of your personal data within the Memberse platform, are set forth in the Privacy Policy, which applies whenever you use the Memberse platform.

 

Use of the Memberse platform
    1. Account
      1. To use the Memberse platform, you must open an account. To open an account, you must:
        1. provide us with truthful information and keep it updated;
        2. be at least 14 years old or have your parent’s/guardian’s permission;
        3. agree to these Terms and Conditions.
      2. You may always terminate and delete your account.
    2. Your role
      1. You can use the platform as a creator or just as a member of a creator’s community. As a member you can be a non-paying follower or a supportive subscriber. By subscribing to a channel, you are directly paying to the creator of that channel.

 

Fees, Billing, and Cancellation
    1. Free use
      1. Using the Memberse platform is possible without paying any fees or without subscribing to any paid channels (e.g. as a follower).
    2. Fees for creators
      1. Fees are applicable only when you earn money through the Memberse platform. As a creator there are two fees associated with your usage of the service:
        1. the first is the platform fee, which is 7.9% unless otherwise stated;
        2. the second is the payment processing fee, which in US Dollars is 2.5% plus $0.25 per successful transaction.
    3. Fees for members
      1. Members can support creators through the Memberse platform. All amounts paid by the members are transferred directly to the creators bank accounts, subject to Sales Tax and fees for creators.
      2. The platform enables different types of payments, including monthly subscriptions and one-time payments (as donations or for direct messaging).
      3. If you subscribe to a creator’s channel on the Memberse platform, your subscription will continue until modified or terminated. Unless you cancel your subscription before your billing date, you authorize us or a relevant third party to charge the subscription fee for the next billing cycle.
      4. Memberse may offer a selection of subscription plans whose conditions will be disclosed upon signing up or during the use of the Memberse platform or in other communications made available to you, and the fees set forth in the plan description are exclusive of any taxes or levies unless specifically stated otherwise. You can always find details regarding your subscription within the service itself (e.g. Memberse’s mobile application).
      5. All subscriptions are non-refundable and non-transferable except as expressly provided in these Terms and Conditions or in the terms of the respective app store.
    4. Payments from Memberse
      1. When a creator is setting up a creator account, they are asked to select a payment method and fill in all required data for the payment provider (e.g. Stripe) to handle the payments from members to creators.
      2. The payments are handled on a continuous basis, but usually take approximately a week before they arrive on the creator’s bank account.
    5. Cancellation
      1. You can cancel your subscription at any time, and you will continue to have access to the service through the end of your subscription period. If you choose to cancel your subscription, you must do so before it renews to avoid the fees being billed for the next subscription period. You can cancel the renewal of your subscription at any time through the Memberse platform. You will not receive a refund for the fees you have already paid for your current subscription period (as the Memberse platform is a digital service) and you will continue to receive the Memberse platform as subscribed until the end of your current Subscription period.
    6. Changes to fees
      1. We, as well as a creator, may change subscription fees from time to time; however, any price changes or changes to your existing subscription plans will apply no earlier than from the next billing cycle and in case of disagreement, the subscription will end. For new services, subscription plans, and content, the creator is free to set the fees.
    7. Tax
      1. Memberse collects tax identification information and reports this to tax authorities as legally required. As a platform, we are responsible for a number of transactional taxes across the world (e.g. sales tax in the US, VAT in the EU).
      2. Creators are responsible for reporting any income or withholding taxes which may be due as a result of payments received.
      3. In areas where Memberse is required to collect transaction tax from the members, the applicable tax will be charged in addition to the amount set by the creator.
    8. Compliance
      1. Memberse and the Memberse platform are subject to different applicable laws regarding the identification of creators and members, tax identification, compliance, fraud, chargebacks and resolution of payment disputes, and this may mean delays in bill charging and collection. In these cases where this affects receipt or payment, or withholdings thereof, we shall inform you accordingly.

 

Intellectual property
    1. Memberse retains any intellectual property rights that we have in our content. Nothing in these Terms and Conditions grants you any right to use any of our trademark, logo, source code, or other creations for any purpose except for promotional use of the content you have created on the Memberse platform.
    2. Memberse gives access to content created by the creators as well as by members. Creators and members making available content are responsible for ensuring that it does not infringe any rights of others.
    3. If you have made content available on the Memberse platform, you retain all copyrights to that content; however, you grant us a non-exclusive, free, perpetual, irrevocable, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display, communicate to the public or prepare derivative works of your content to allow us to operate Memberse as a content platform. Your license to us does not allow us to exploit content for any other reason, including selling it to third parties.
    4. By making content available, you may affix information on how other creators and members may reuse your content. If no such information is affixed, it is presumed that no other use except viewing and interacting with the content on Memberse is authorized.
    5. If you think someone has or we have infringed your intellectual property rights, you can send us notice of said infringement and we will take appropriate action.

 

Liability, warranty, indemnity
    1. We provide the Memberse platform using reasonable skill and care; however, we do not proactively review or control the content posted on the Memberse platform. If we or the content on the Memberse platform do/does not meet the quality level expected or the content disturbs you, you agree to notify us, and we will work with you and/or the content owner to try to resolve the issue. The views expressed in the content do not reflect our views as our aim is to make different content from different creators and members accessible.
    2. The Memberse platform is provided “as is” and we do not make any commitment about the Memberse platform (including the content, functioning of applications or availability thereof, or ability to meet your needs) except as provided under applicable laws.
    3. We will not be responsible for any losses, unless they’re caused by our breach of these Terms and Conditions or as mandated by applicable laws (e.g. gross negligence, willful misconduct). To the extent permitted by applicable laws, our liability for damages is limited to the amount of money we have earned through your use of the Memberse platform.
    4. You will indemnify us for all losses and liabilities, including legal fees, that arise from these Terms and Conditions or relate to your use of the Memberse platform, including any content. We reserve the right to exclusive control over the handling of any claims received. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
    5. If any of your actions are contrary to these Terms and Conditions or in any way illegal or harmful to us or others, we may hold you responsible by deleting or making content unavailable, suspending or terminating your account, as well as presenting a claim for any and all damages created by you.

 

Applicable laws, disputes
    1. You must also comply with all applicable third-party terms of service when using the Memberse platform, such as providers of payment and internet access providers.
    2. The laws of Estonia are applied to these Terms and Conditions. In certain cases, you may be able to apply the laws of the country of your residence.
    3. The courts of Estonia are competent to solve any disputes arising out of these Terms and Conditions. However, if the applicant is a natural person in the EEA, the applicant’s local courts may be competent, and disputes may be solved using the European Commission’s Online Dispute Resolution platform, which we accept if required by law. Furthermore, you may be entitled to file a dispute with your payment service provider in accordance with the terms of use of the latter.
    4. These Terms and Conditions and any referenced policies are the entire agreement between you and us and supersede all prior agreements. If any provision is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force.

 

Changes to the Terms and Conditions
    1. We may change these Terms and Conditions. If we make a material change, we will provide you with reasonable advance notice and the opportunity to review the changes. If you do not agree to the new terms, you should stop using the Memberse platform. You can also end your relationship with us at any time by deleting our applications and the Memberse platform and applications from your devices and ask us to delete all content and information we have about you.

Memberse ® – 2022