TERMS OF SERVICE – Bettercallme

Contents

  1. Terms of use to all participants
  2. Terms of use for Users
  3. Terms of use for Talents
  4. Referral Program Terms
  5. Community Guidelines

TERMS OF USE FOR ALL PARTICIPANTS

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

1. Introduction:

These Terms of Use for all Participants govern your use of Bettercallme and your agreement with us.

2. Interpretation:

In the Terms of Service:

a. “Bettercallme” refers to our website, including when accessed via the URL www.Bettercallme.com.

b. “we”, “our”, “us” refer to Bettercallme, Inc the operator of Bettercallme.

c. “Content” includes any material uploaded to Bettercallme by any Participant (Talent or User), such as photos, videos, audio, data, text, metadata, images, emojis, GIFs, memes, and any other material.

d. “Talent” refers to a participant with a Bettercallme account set up to post Content.

e. “User” refers to a participant who interacts with a Talent and views their Content.

f. “Participant” means any user of Bettercallme, whether Talent or User. (also referred to as “you” or “your”).

g. “User/Talent Transaction” refers to any transaction between a User and a Talent on Bettercallme.

h. “User Payment” means payments made by a User to a Talent.

i. “Referring Participant” is a User or Talent participating in the Bettercallme Referral Program.

j. “Standard Contract between User and Talent” refers to the terms governing each User/Talent Transaction.

k. “Terms of Service” refers to the legally binding agreement between you and us, consisting of various documents including these Terms of Use (Terms of Use for all Participants, Terms of Use for Users, Terms of Use for Talents, Community Guidelines, Referral Program Terms)

3. Who we are and how to contact us:

Bettercallme is operated by Bettercallme, Inc., a Delaware Corporation registered in the United States. Our registered business office address is 2261 Market Street STE 10280, San Francisco CA 94114, United States.

You can contact us by emailing our support team at support@Bettercallme.com. If you’re unable to email us, you can write to us at the address provided.

4. How we may change the Terms of Service:

We reserve the right to change any part of the Terms of Service without prior notice in certain circumstances:

a. To reflect changes in laws and regulatory requirements.

b. To address unforeseen and imminent dangers related to defending Bettercallme, Users, or Talents from fraud, malware, spam, data breaches, or other cybersecurity risks.

We may also make other changes to the Terms of Service and will provide reasonable notice of such changes by email or through Bettercallme. Once updated, you are bound by the new terms if you continue to use Bettercallme.

5. We may make changes to or suspend or withdraw Bettercallme:

We reserve the right to update, change, suspend, or withdraw Bettercallme at any time for various reasons, including to reflect changes to our services, Participants’ needs, or business practices. We’ll attempt to provide reasonable notice of any major changes or suspensions that affect you.

6. Registering with Bettercallme:

To use Bettercallme, you must register and create a User or Talent account, providing a valid email address, username, and password, or authenticate using a valid Apple or Google account.

If you don’t meet these requirements, you must not access or use Bettercallme.

7. Your commitments to us:

When you register and use Bettercallme, you commit to:

a. Confirming that your previous account with Bettercallme was not terminated or suspended due to violations of terms or policies.

b. Providing truthful, accurate, and complete information.

c. Promptly updating your information if it changes.

d. Consenting to receive communications from us electronically and to the processing of your personal data as detailed in our Privacy Policy.

e. Keeping your account/login details confidential and secure, and promptly contacting support if you suspect unauthorized account use or security breaches.

f. Taking responsibility for all activity on your account, even if someone else uses it.

g. Fully complying with the Terms of Use for all Participants, Community Guidelines, and other parts of the Terms of Service relevant to your use of Bettercallme.

8. Rights we have, including to suspend or terminate your account:

a. We have the right, but not the obligation, to moderate or review any Content to verify compliance with the Terms of Service and applicable law.

b. If we become aware of Content that may not comply with the Terms of Service or applicable law, we may suspend access to it while investigating. After investigation, we may reinstate access or permanently remove/disable it without prior notice.

c. If we suspend or delete your Content, we will notify you via email or electronic message, but prior notice is not guaranteed.

d. We reserve the right to terminate your agreement with us and your access to Bettercallme with 30 days’ notice, or immediately without prior notice if we believe you’ve seriously or repeatedly breached the Terms of Service or caused harm to Bettercallme or another User. We’ll notify you of any suspension or termination.

e. Upon termination of your account, we may handle your Content in accordance with our Privacy Policy, and you’ll no longer be entitled to access it. There’s no technical facility for accessing your Content after account termination.

f. We can investigate suspected or alleged misuse, abuse, or unlawful use of Bettercallme and cooperate with law enforcement agencies in such investigations.

g. We may disclose information or records about your use of Bettercallme to law enforcement agencies in connection with investigations of suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

h. We reserve the right to change third-party payment providers used on Bettercallme, and if we do, we’ll notify you and store applicable details on your Bettercallme account.

i. Except for Content (owned by or licensed to Talents), all rights in and to Bettercallme and its entire contents, features, databases, source code, and functionality are owned by us and/or our licensors, protected by copyright and other intellectual property laws.

j. We are the sole owners of anonymized data relating to your use of Bettercallme, which we can use for commercial, development, and research purposes.

9. What we are not responsible for:

a. We don’t authorize or approve Content on Bettercallme, and views expressed by Talents or Users don’t necessarily represent ours.

b. We don’t grant you any rights in relation to Content; any rights must be granted by Talents.

c. Your Content may be viewed by individuals who recognize your identity; we’re not responsible if you’re identified from your Content.

d. All Content is provided by Participants, not us; we’re not responsible for reviewing or moderating Content.

e. You’re under no obligation to follow suggestions or advice from other Participants.

f. We don’t guarantee that Talents or Referring Participants will make money from their use of Bettercallme.

g. Materials accessible on Bettercallme are for general information only; we don’t guarantee their accuracy or that Participants will achieve any particular result.

h. We don’t promise that Bettercallme is compatible with all devices and operating systems; you’re responsible for configuring your devices accordingly.

i. We’re not responsible for internet availability or errors in your connections, devices, or software.

j. While we strive to make Bettercallme secure and free from bugs and viruses, we can’t promise it will be.

k. We’re not responsible for lost, stolen, or compromised User accounts, passwords, email accounts, or resulting unauthorized activities or payments.

l. Once your Content is posted on Bettercallme, we can’t control its use by other Participants or third parties; deleting your account won’t prevent the circulation of your Content recorded by others in breach of the Terms of Service.

10. Intellectual property rights - ownership and licenses:

a. You confirm that you own all intellectual property rights in your Content or have obtained all necessary rights to grant licenses in respect of your Content to us and other Participants.

b. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right in such Content, for purposes reasonably related to the provision and operation of Bettercallme.

c. The license granted to us under (b) is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable. This means the license continues even after your agreement with us ends, and we can grant it to others or transfer it.

d. While we don’t own your Content, you grant us the limited right to submit notifications of infringement on your behalf to third-party websites or services that host infringing copies of your Content. We’re not obligated to police infringements.

e. You waive any moral rights to object to derogatory treatment of your Content posted on Bettercallme, allowing us to add watermarks, stickers, or text to your Content.

With these terms, we aim to ensure a safe, fair, and enjoyable experience for all Participants on Bettercallme. If you have any questions or concerns about these terms, please don’t hesitate to contact our support team at support@Bettercallme.com.

11. Intellectual Property Rights – Ownership and Licenses:

a. Ownership Confirmation: By agreeing to these terms, you confirm that you hold all intellectual property rights, such as copyright and trademarks, in the Content you post on Bettercallme. Alternatively, you assert that you have acquired all necessary rights to grant licenses for your Content to Bettercallme and other Participants. This includes rights necessary for the actions outlined in subsection 10(b) across territories where Bettercallme is accessible, notably in the United States of America and the European Union.

b. Grant of License: You agree to grant Bettercallme a license under all your Content to perform actions restricted by any intellectual property right, including copyright. These actions include reproduction, making available, public communication, display, performance, distribution, translation, creation of adaptations or derivative works, and any other dealings with your Content reasonably related to the provision and operation of Bettercallme.

c. Perpetual License: The license granted to Bettercallme under subsection 10(b) is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable. This means the license remains in effect even after your agreement with Bettercallme ends, and we may grant sub-licenses or transfer the license to third parties. This license enables Bettercallme to enhance your Content with features like stickers, text, or watermarks, make it available to other Participants, and utilize it for other operational purposes.

d. Notification of Infringement: While Bettercallme respects your ownership of Content, we reserve the right to submit notifications of infringement on your behalf to third-party websites or services hosting unauthorized copies of your Content. This proactive stance helps protect your intellectual property rights within and beyond the Bettercallme platform.

e. Waiver of Moral Rights: By agreeing to these terms, you waive any moral rights you may have under applicable law to object to derogatory treatment of your Content. This waiver does not affect your ownership of intellectual property rights in your Content or your rights to prevent unauthorized copying. It enables Bettercallme to add enhancements to your Content, as permitted by the license granted in section 10(b) above, such as watermarks, stickers, or text.

12. Linking to and from Bettercallme:

a. Links to Bettercallme:

b. Links from Bettercallme:

c. Domain Names:

13. How do I delete my account?

You can delete your Bettercallme account in the ‘settings’ section of your account. Deleting your account will permanently remove your profile, messages, videos, and balance. This action is irreversible, and your account cannot be restored.

14. Who is responsible for any loss or damage suffered by you?

a. Whether you are a consumer or business User, we do not exclude or limit our liability where it would be unlawful to do so. This includes liability for negligence, fraud, or fraudulent misrepresentation.

b. If you are a consumer User:

15. General:

a. If any aspect of the agreement is unenforceable, the rest will remain in effect.

b. Our failure to enforce any aspect of the agreement does not constitute a waiver.

c. We reserve all rights not expressly granted.

d. No implied licenses or other rights are granted except as expressly set out in the Terms of Service.

e. Third parties may enforce the exclusions and limitations of liability and terms relating to disputes.

f. You cannot transfer your rights or obligations without our consent.

g. We may assign or transfer our rights and obligations to others.

h. The Terms of Service constitute the entire agreement between us and supersede any prior understandings or agreements.

16. Other terms which form part of your agreement with us:

These Terms of Use for all Participants govern your agreement with us. Additionally, certain other terms or policies included in the Terms of Service will also apply to you and become part of your agreement with us:

a. Terms of Use for Users: Additional terms apply if you use Bettercallme as a User.

b. Terms of Use for Talents: Additional terms apply if you use Bettercallme as a Talent.

c. Privacy Policy: Applies to all Participants and explains how we use your personal data and other collected information.

d. Community Guidelines: Applies to all Participants and outlines what is acceptable and unacceptable behavior on Bettercallme.

e. Referral Program Terms: Outlines terms for participating in the Bettercallme Referral Program.

If there is a conflict between these Terms of Use for all Participants and any of the terms or policies listed from (a) to (h) above, the Terms of Use for all Participants will take precedence to the extent of the conflict.  

TERMS OF USE FOR USERS

BY USING OUR WEBSITE AS A USER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

1. Introduction:

These Terms of Use for Users are additional terms that apply if you use Bettercallme as a User. These terms are part of your agreement with us.

2. Interpretation: In these Terms of Use for Users, defined terms have the same meanings given to them in the Terms of Use for all Participants. Additionally:

a. “Tax” includes all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the US or any other jurisdiction.

b. “VAT” means value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and

3. Other terms which will apply to your use of Bettercallme: Certain terms will also apply to your use of Bettercallme:

4. Other terms which may apply to your use of Bettercallme: Additional terms that may apply include:

5. Your commitments to us:

By using Bettercallme as a User, you warrant that: a. You are at least 18 years old, or of legal age according to the laws of your country or State/province.

b. You will provide any necessary information or verification records as required.

c. You are permitted by the laws of your location to use Bettercallme.

d. You are able and willing to make payments where required to access Content and use Bettercallme’s functionality.

6. Content - general terms: Specific terms apply to the Content you post as a User:

a. You warrant that your Content complies with the Terms of Service, you own it, or have a valid license for it.

b. You agree to indemnify us if any warranty is untrue.

c. We are not responsible for or endorse any Content posted by you or other Users.

7. Adult material:

You acknowledge that some Content on Bettercallme may contain adult material and agree to consider this when accessing it.

8. Subscriptions and purchases by Users:

This section outlines the terms that govern User/Talent Transactions:

a. User/Talent Transactions: All transactions between Users and Talents are contracts based on the Standard Contract between User and Talent. We facilitate these transactions but are not a party to them and are not responsible for them.

b. Pricing Responsibility: Talents determine the pricing for User/Talent Transactions within Bettercallme’s parameters. All prices are listed in USD.

c. VAT and Sales Tax: User Payments are exclusive of VAT or sales tax, which will be added at the applicable rate.

d. Adding Payment Card: To engage in a User/Talent Transaction, you must add a payment card to your account.

e. Payment Authorization: You authorize us and our subsidiary companies to provide your payment card details to third-party payment providers for processing User Payments. All payments will be charged in USD.

f. Multiple Payment Cards: If you provide details for multiple payment cards, the system will attempt to charge from the first card and then the others if necessary.

g. Subscription Renewal and Payment: Subscriptions to a Talent’s profile will automatically renew unless declined, the price increases, or auto-renewal is turned off. Payments are taken immediately or periodically, depending on the type of User Payment.

h. Cancellation of Subscription: Cancelling a Subscription allows continued access until the end of the subscription period. No further payments will be taken after cancellation.

i. Refund and Chargeback Policy: Users agree not to make unjustified refund or chargeback requests. Requests deemed made in bad faith may result in account suspension or deletion.

k. Fees: Certain fees apply for transactions on the platform as outlined during the sale process. All amounts are in USD unless otherwise specified.

l. Payment Terms: Users agree to pay any incurred Fees in accordance with the billing terms. Payment methods may include credit cards, digital wallets, or other payment provider accounts.

m. Tax Responsibilities: Users are responsible for any Sales Tax due. If required, Bettercallme will collect Sales Tax in addition to other payments. Users agree to indemnify Bettercallme for any related liabilities or expenses.

9. Suspension of User Account:

If a User’s account is suspended, any User Payments due during the suspension will also be suspended.  

TERMS OF USE FOR TALENTS

BY USING OUR WEBSITE AS A TALENT YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

1. Introduction:

These Terms of Use for Talents constitute additional provisions governing your utilization of Bettercallme as a Talent. Your engagement as a Talent on Bettercallme implies acceptance of these terms, which are an integral part of your agreement with us.

2. Interpretation:

In these Terms of Use for Talents, defined terms hold the same meanings as outlined in the overarching Terms of Use for all Participants. Additionally:

3. Other terms which will apply to your use of Bettercallme:

Your usage of Bettercallme is subject to the following terms:

a. Our Terms of Use for all Participants.

b. Our Privacy Policy.

c. Our Community Guidelines.

d. Our Complaints Policy.

e. The Standard Contract between User and Talent.

f. Our Community Guidelines.

4. Other terms which may apply to your use of Bettercallme:

Additional terms that may apply include:

a. The Platform to Business Regulation Terms.

b. The Terms of Use for Users.

c. The Referral Program Terms.

5. Fees:

We charge Talents a fee equivalent to twenty percent (20%) of all User Payments received, termed “Our Fee.” The remaining eighty percent (80%) constitutes “Talent Earnings.” Our Fee covers the costs associated with providing, maintaining, and operating Bettercallme, as well as storing your Content. Our Fee is deducted from the User Payment, and Talent Earnings are disbursed as described in the Payouts to Talents section below. Please note that when you request a payout, a 1.25% transfer fee will be deducted by our payment partner from the requested amount. Payouts are processed in USD and converted to your account’s currency. It’s important to note that Bettercallme does not control the currency exchange rates imposed by your bank.

Talents are personally bound by the Terms of Service and remain legally responsible for ensuring compliance, regardless of any third-party involvement in managing Talent accounts.

7. User/Talent Transactions:

8. Content – General Terms:

In addition to provisions outlined elsewhere, the following governs Content:

a. Your Content is not confidential, and you authorize Users to access and view it on Bettercallme for lawful and personal use.

b. You warrant the quality, ownership, and rights of your Content.

c. You indemnify us for any breach of these warranties.

d. We do not endorse or monitor Content posted by you or other Users.

e. You act as the custodian of records for the Content you upload.

9. Advertising on Bettercallme:

a. If you post Advertising Content on your Talent account, you must adhere to the requirements outlined.

b. Requirements for Advertising Content must not prejudice human dignity, promote discrimination, endanger health, safety, or the environment.

c. Transparency Requirement mandates the declaration of Advertising Content as such.

10. Payouts to Talents:

a. User Payments are received by an approved third-party payment provider.

b. Our Fee is deducted from User Payments, and Talent Earnings are held by us or our subsidiary companies.

c. Stripe, our payment partner, disburses Talent Earnings to your bank account.

d. Talent Earnings become available for withdrawal once they appear in your Bettercallme account.

e. All transactions are conducted in USD, subject to currency conversion by Stripe and any bank fees.

f. Refunds or chargebacks may result in deduction of corresponding Talent Earnings.

g. We do not store data disclosed during Payout Options registration with third-party payment providers.

11. Circumstances for Withholding Talent Earnings:

We reserve the right to withhold all or part of your Talent Earnings under certain circumstances, including suspected breaches of the Terms of Service or fraudulent activities. We may also withhold Talent Earnings if liens are placed on them or if necessary to cover incurred losses.

REFERRAL PROGRAM TERMS

WARNING! In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the following warning:

  1. Introduction: These Referral Program Terms are additional terms applicable if you use the Bettercallme Referral Program, forming part of your agreement with us.

  2. Interpretation: In these Referral Program Terms, defined terms have the same meanings given to them in the Terms of Use for all Participants. Additionally: a. “Referring participant” is also referred to as “you” or “your” in these Referral Program Terms. b. “Referred Talent” means the person who joins Bettercallme as a Talent via the Referring participant’s unique referral link.

  3. What is the Bettercallme Referral Program? Bettercallme offers a referral program where existing Participants can introduce potential Talents to Bettercallme and receive referral payments from Bettercallme according to the terms described herein.

  4. The rules of the Bettercallme Referral Program:

a. Only Participants with a current User account can participate.

b. You must add bank account details to receive referral payments.

c. Each User has a unique referral link to share.

d. The Referred Talent must register using the unique referral link.

e. The Referred Talent must not have a previous User account with Bettercallme.

f. Referral payments are made on earnings from the Referred Talent’s first User account only.

g. Referral payments will not be made for referrals of Talents owned or operated by you.

h. Referring participants must not misrepresent Bettercallme or potential earnings.

  1. Referral payments:
  1. Our rights relating to the referral program:

a. We reserve the right to recover incorrectly made referral payments.

b. We may request ID and other information from Referring Participants or Referred Talents to verify payments.

c. We may change or discontinue the Referral Program, but changes will not affect referral payments already earned.

  1. Circumstances in which we may withhold referral payments:

a. We may withhold payments if there are breaches of the Terms of Service, threats of breaches, or suspicions of unlawful activity.

b. Payments may be withheld if liens are placed on referral payments.

c. We hold no responsibility if payments are withheld under these circumstances.

d. If part of withheld payments is unrelated to breaches or suspected unlawful activity, we may arrange for payment of that part. However, if breaches cause us loss, we may withhold all payments and set off losses against them.

Community Guidelines

IMPORTANT NOTICE: Bettercallme is for adults only (18+). We strictly prohibit any form of pornographic or explicit adult content.

1. Respect and Legality

Respectful Behavior:

Compliance with Laws:

Protection of Minors:

2. Content Standards

Prohibited Content:

Authenticity and Quality:

3. Behavioral Standards

Harassment and Bullying:

Deceptive Conduct:

4. Technical and Security Standards

Security Measures:

Compliance with Terms of Service:

Automated Tools:

5. Use of Branding and Trademarks

Trademark Guidelines:

6. Enforcement and Reporting

Violations and Consequences:

Changes to Guidelines:

By using Bettercallme, you agree to comply with these Community Guidelines and our Terms of Service. We are committed to maintaining a positive and respectful community, and we appreciate your cooperation.

If you have any questions or concerns about these guidelines, please contact us at support@bettercallme.com.