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 platform providing paid direct messaging (Paid DM) service. It is operated by Memberse, Inc, 1000 Brickell Avenue, Miami, FL 33131 (hereinafter: 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 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.
3. You may always contact us to enquire about these Terms and Conditions or for any assistance at support@memberse.com.

What we do at Memberse and how

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. 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.
3. For the interaction between creators and followers to thrive, keeping the platform as a safe and healthy space for all is important. Memberse does not allow i) hate speech, ii) harassment, iii) sexually explicit content, iv) illegal activities, v) promotion of illegal drugs, and vi) spreading misinformation. Users can always report an inappropriate action or content using the in-app reporting feature. Memberse will review all reports and decide whether there is a violation of our Terms and Conditions, and in case of a violation, we may remove the content, suspend or ban the account, and/or notify law enforcement.
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 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 directly pay the creator and support them through your authentic 1:1 connection.

Fees, Billing, and Cancellation

1. Free use
  1. Using the Memberse platform is possible without paying any fees (there are no subscriptions).
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 15% unless otherwise stated;
    2. the second is the payment processing fee, which is 4.4% plus $0.30 per successful transaction.
3. Fees for followers
  1. All amounts paid by the followers are transferred directly to the creators’ bank accounts, subject to Sales Tax and fees for creators.
  2. The platform enables one-time payments for direct messaging.
  3. All payments are non-refundable and non-transferable except as expressly provided in these Terms and Conditions.
4. Payments from Memberse
  1. 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 followers to creators.
    2. The payments are handled on a continuous basis but usually take approximately a week before they arrive in the creator’s bank account.
5. Changes to fees
  1. The creator is free to set the fee for the Paid DM. Memberse, as well as the creator, may also change the fees from time to time.
6. Tax
  1. Memberse collects tax identification information and reports this to tax authorities as legally required.
  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 followers, the applicable tax will be charged in addition to the amount set by the creator.
7. Compliance
  1. Memberse and the Memberse platform are subject to different applicable laws regarding the identification of creators and followers, 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 your Paid DMs service on the Memberse platform.
2. Memberse gives access to content (text, attachments) created by the creators as well as by followers. Creators and followers 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 or distribute your content to allow us to provide the Paid DM service. 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 followers 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.
6. By using the PaidDM platform, whether as a new or existing user, you grant Memberse and its affiliates a non-exclusive, royalty-free, worldwide license to use, display, and reproduce your name, likeness, and social media profiles in our communication channels, advertisements, and internal company materials. This is for the sole purpose of promoting and communicating about the Memberse platform.
  The promotional use rights granted herein shall continue even if you stop using the platform or deactivate your account.
  You represent and warrant that you have the necessary rights and permissions to grant the above license to Memberse. If you wish to revoke this license, you must notify us in writing at support@paiddm.com

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.
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. These Terms and Conditions shall be governed by the laws of the State of Florida (the United States of America). In certain cases, you may be able to apply the laws of the country of your residence.
3. Any dispute, arising out of or relating to these Terms and Conditions shall be finally settled by the courts of the State of Florida. 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.

PaidDM ® – 2023