Herein we provide all information about who we at Memberse are, and how our platform and services are provided.
For clarity and consistency, the following terms are defined as they apply to these Terms and Conditions:
1.1 Memberse is a platform providing paid direct messaging (PaidDM) services. It is operated by Memberse, Inc, 1000 Brickell Avenue, Miami, FL 33131 (hereinafter: Memberse). Memberse solely provides the technological infrastructure to facilitate PaidDM services. Memberse is not a participant in the direct messaging transactions or responsible for the content exchanged therein.
Ver 3.0. Effective from Feb 2, 2025
1.2 These Terms and Conditions reflect how our platform and services (hereinafter the Memberse platform) work and set forth the applicable laws and our founding principles. Thus, these Terms and Conditions define our relationship with our customers. 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.
1.3 You may always contact us to inquire about these Terms and Conditions or for any assistance at support@paiddm.com.
2.1 The Memberse platform was created to provide creators with a safe and healthy space to interact with their followers. The Memberse platform also enables creators to be paid by their community members.
2.2 Memberse does not provide paid direct message services itself but provides a platform that facilitates interactions between its users. Memberse does not verify or authenticate the credentials or qualifications of creators and makes no representations regarding their services or content.
2.3 The Memberse platform is established and operates for its users – creators and their followers – and not for advertisers. Our aim is to encourage genuine interactions between creators and followers on the Memberse platform in an accessible, easy-to-follow manner, without the distraction of advertisements.
2.4 To ensure interactions thrive in a safe environment, the Memberse platform prohibits:
2.5 Users can always report inappropriate actions or content using the in-app support channel. Memberse will review all reports and decide whether there is a violation of our Terms and Conditions. In case of a violation, we may remove the content, suspend or ban the account, and/or notify law enforcement.
2.6 Memberse is not liable for the accuracy of reports or the outcomes of content moderation decisions but will make reasonable efforts to ensure fair and consistent enforcement of platform policies.
2.7 Users’ rights regarding their personal data, including its use within the Memberse platform, are set forth in the Privacy Policy, which applies whenever you use the Memberse platform.
3.1 Account
To use the Memberse platform, you must open an account. To open an account, you must:
3.1.2 Parental consent for minors aged 14–17 must be if asked explicitly verified by providing the necessary documentation or confirmation during the account setup process.
3.1.3 You may terminate and delete your account at any time.
3.2 Unique link and handle
With an account you get the right to use PaidDM’s link with a unique handle created within your sign up process. This link and handle are owned by Membrese with the right to stop or prohibit the use of this link and handle at all times and for any reason.
3.3 Your Role
You can use the platform as a creator or as a follower who wishes to interact with a creator. As a creator, you can charge for responding to direct messages sent by your followers. As a follower, you can interact with the creator, pay and support them through your authentic 1:1 connection.
Ver 3.0. Effective from Feb 2, 2025
4.1 Free Use
Using the Memberse platform is possible without paying any fees (there are no subscriptions).
4.2 Fees for Creators
4.2.1 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:
4.3 Fees for Followers
4.3.1 All amounts paid by the followers are handled by a third-party service provider and transferred to the creators’ bank accounts, being also subject to sales tax and fees for creators. Membrese doesn’t hold and manage these means, also deal with other parties taxes.
4.3.2 The platform enables one-time payments for direct messaging. All payments are non-refundable and non-transferable except as expressly provided in these Terms and Conditions. If a follower disputes the quality of the response, the resolution is solely between the follower and the creator. Memberse provides tools for reporting issues but does not mediate disputes or issue refunds unless explicitly required by law. Payments are refundable only if the creator fails to respond within the specified 48-hour window.
4.4 Payments
4.4.1 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 payments from followers to creators.
4.4.2 Payments are processed continuously but usually take approximately one week to arrive in the creator’s bank account.
4.5 Changes to Fees
Creators are free to set the fee for PaidDMs and may change their fees at any time. Memberse reserves the right to change platform fees with prior notice.
4.6 Tax
4.6.1 Creators are considered independent providers or businesses and are solely responsible for ensuring compliance with all local, state, and federal tax regulations. Memberse does not provide tax advice or assume any liability for creators' tax obligations.
4.6.2 Memberse collects tax identification information and reports this to tax authorities only if and as legally required. In areas where Memberse is required to collect transaction tax from followers, the applicable tax will be charged in addition to the amount set by the creator.
4.7 Compliance
4.7.1 Payments are processed securely through third-party payment providers, such as Stripe. Payment timelines are subject to the policies of these providers.
4.7.2 Memberse is subject to various laws regarding identification, tax compliance, fraud prevention, chargebacks, and dispute resolution. Users will be informed of any related delays or requirements affecting their payments.
4.8 Payment Holds and Reversals
4.8.1 Right to Withhold Payments
Memberse reserves the right to temporarily withhold or delay payments to Users if:
4.8.2 Transfer Reversals
4.8.2.1 Memberse may reverse any payments processed through the platform in cases of proven or suspected fraudulent activities, chargebacks, errors, or unauthorized transactions.
4.8.2.2 If a payment reversal is initiated, Memberse will make reasonable efforts to notify the affected User, explaining the reason for the action and outlining any next steps.
4.8.3 Legal Compliance
4.8.3.1 Memberse will act in accordance with applicable financial and regulatory obligations, including but not limited to AML laws, CTF regulations, and payment processing standards.
4.8.3.2 Users agree to provide any requested information or documentation necessary for Memberse to fulfill its legal obligations.
4.8.4 No Liability for Withheld Payments
4.8.4.1 Memberse shall not be held liable for any losses, delays, or damages arising from the withholding of payments, provided such action was taken in good faith and in accordance with this clause.
4.8.4.2 Any withheld funds that are cleared of suspicion will be promptly released to the rightful User.
4.8.5 User Cooperation and Responsibility
4.8.5.1 Users agree to cooperate fully with Memberse in any investigation related to suspicious or potentially illegal activity.
4.8.5.2 Users acknowledge that failure to comply with these Terms and Conditions or provide requested information may result in permanent withholding of funds and/or account suspension.
4.8.6 Resolution Process
If a User disputes a payment hold or reversal, they may contact Memberse’s support team to provide evidence or request a review. Memberse will resolve such matters in good faith and in compliance with applicable laws.
4.8.7 Indemnification
Users agree to indemnify and hold Memberse harmless from any claims, liabilities, or losses resulting from payment holds, reversals, or related investigations initiated in accordance with this clause.
4.9 Termination of Services
Memberse reserves the right to terminate or suspend any user account or access to the platform at its discretion for violations of these Terms and Conditions, legal requirements, or any activity deemed harmful to the platform or its users.
5.1 Memberse retains intellectual property rights to its platform content, trademarks, logos, and source code. You may not use these for any purpose except promotional use of your Paid DMs service on the Memberse platform.
5.2 Creators and followers retain all copyrights to their own content but grant Memberse a non-exclusive, royalty-free license to use, reproduce, and distribute content solely for the purpose of operating, improving, and promoting the Memberse platform. Memberse will not exploit content for commercial purposes beyond these uses.
6.1 Grant of License
By agreeing to these Terms and Conditions, the User grants Memberse a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and fully sublicensable license to use their profile information (including but not limited to profile name, profile picture, public profile details) and any content uploaded, shared, or otherwise made available by the User through the platform ("User Content") for the following purposes:
6.2 Usage Scope and Limitations
6.2.1 Memberse’s use of User Content will always align with the purpose of promoting or improving its services and will not include any use that would defame, harm, or otherwise misrepresent the User.
6.2.2 Memberse will not alter or manipulate User Content in a way that misrepresents the original intent or meaning of the content.
6.3 User Warranties
By uploading or sharing any content on the platform, the User warrants and represents that:
6.4 No Additional Consent Required
The User acknowledges and agrees that Memberse is not required to seek additional consent or approval for the use of User Content as described in this clause.
6.5 Privacy and Legal Compliance
Memberse will handle and process all User Content in compliance with applicable laws, including but not limited to data protection regulations such as the GDPR, CCPA, and any other relevant laws governing the use of personal data.
6.6 Opt-Out and Account Deletion
If the User does not wish for their content to be used for promotional or marketing purposes, they may opt out by contacting Memberse or deleting their account. Opting out will not retroactively affect any use of User Content prior to the opt-out request or account deletion.
6.7 Retention of Rights
This clause does not transfer ownership of the User Content to Memberse. The User retains all ownership rights to their content but grants Memberse the rights necessary for the purposes described herein.
7.1 Memberse provides the platform "as is" without warranties of any kind. Users agree to indemnify Memberse for all losses, liabilities, or claims arising from use of the platform.
7.2 Memberse's total liability under any circumstances is limited to the fees collected from your use of the platform during the six months preceding the claim.
8.1 Data Protection and Privacy: Memberse is committed to safeguarding users' personal data. While detailed in the Privacy Policy, Memberse adheres to industry standards and legal requirements to ensure data protection and user privacy.
8.2 Accessibility Commitment: Memberse strives to make the platform accessible to all users, including those with disabilities, by aligning with accessibility standards and regularly reviewing its features for inclusivity.
8.3 User Feedback Mechanism: Users are encouraged to share feedback on their platform experience via in-app forms or support channels. This feedback is actively reviewed to enhance the platform's features and services.
8.4 Onboarding Process: Memberse will provide a comprehensive onboarding process to assist new users in understanding and effectively using the platform. Details of this process will be communicated at registration.
8.5 Platform Update Notification: Users will be notified of platform updates or changes through email communications and in-app notifications, ensuring they remain informed of any modifications.
8.6 Force Majeure Clause: Memberse is not liable for delays or failures in service due to circumstances beyond its reasonable control, including natural disasters, pandemics, or other events classified as force majeure.
8.7 Anti-Money Laundering (AML) Compliance: Memberse complies with all applicable AML regulations. User accounts may be subject to identity verification, transaction monitoring, and reporting obligations as required by law. Any suspicious activity may result in account suspension and reporting to relevant authorities.
9.1 Memberse employs a structured moderation process for managing inappropriate content:
9.2 Transparency and Updates
9.2.1 Users will receive notifications about the status and outcome of their reports or appeals to ensure transparency.
These Terms are governed by the laws of the State of Florida. Disputes will be settled in Florida courts unless otherwise mandated by local laws. For users outside the United States, local consumer protection laws may apply, and disputes may be subject to the jurisdiction of the user's place of residence.
These Terms are governed by the laws of the State of Florida. Disputes will be settled in Florida courts unless otherwise mandated by local laws. For users outside the United States, local consumer protection laws may apply, and disputes may be subject to the jurisdiction of the user's place of residence.
We may revise these Terms at any time with advance notice for material changes. Material changes include but are not limited to updates affecting user rights, payment terms, or platform functionality. Continued use of the platform constitutes acceptance of the updated terms.