GENERAL TERMS OF USE
(the “Terms”)
1. Who we are.
1.1. We are a digital platform for managing groups or private chats for payment facilitation in connection with, managing groups or private chats in connection with, and/or sale of, forecasts on sport events or of any other nature and premium content (“Forecasts”).
You (“you” or the “CONSUMER USER”) will be able to use the Services (as hereinafter defined) to better manage your business.
For more information about the PRETOPAY, who we are, visit our portal: https://www.pretopay.com
Our Services are provided by PRETOPAY INC, headquartered at 651 N Broad St Suite 206, Middletown, DE 19709.
2. General conditions of use of our services.
2.1. To use the Platform, as well as to register, it is mandatory to read, understand, and express your “Acceptance” of the Terms..
2.2. By expressing “Acceptance”, whether through a mobile device or a computer, you expressly declare that you have read and understood all the rights and obligations set forth in the Terms, as well as in the other documents and policies referred to in the Terms to which reference is made, in particular the Privacy Policy and accepted all of them. Furthermore, you declare that you agree to the collection, storage, custody, processing and use of your Personal Data for the purpose of providing the Services. Therefore, we ask you to read the Terms and Privacy Policy carefully and if you have any questions, please contact us through the contact details indicated at the end of the Terms.
2.3. The Terms may be modified from time to time, either for legal or strategic reasons of PRETOPAY. When this happens, we will let you know, by email or otherwise, so that you can decide whether you want to continue with us.
2.4. When using the Platform, you may make a registration through which you will provide some Personal Data. We will treat this data in the most transparent and secure manner, as explained in our Privacy Policy. We make it clear that any and all information provided during registration will be solely and exclusively your sole responsibility.
2.5. PRETOPAY does not review the information provided by you. However, we reserve the right at any time to verify the accuracy of such information and to request, at our sole discretion, clarifications and supporting documentation as we deem necessary.
2.6. The CONSUMER USER declares to be aware and acknowledges and agrees that in order to make use of some of the functions of the Platform, the CONSUMER USER will have to provide bank details for the deposit of eventual income and/or a credit card for the charges. The CONSUMER USER must also carry out the verification procedure on the Platform itself by sending the requested documents, such as personal accounts or identity document (KYC – Know Your Customer), which will be treated confidentially by Pretopay under the terms of our Privacy Policy.
2.7. By creating an account and using the Services offered herein, the CONSUMER USER declares and guarantees that the data reported on the Platform are true and correct.
2.7.1. The CONSUMER USER will comply with the Terms and with all applicable local, state, national and international laws, rules and regulations.
2.7.2. You will not force or encourage other users to breach these Terms of Use.
3. Definitions
3.1. “PRETOPAY” means PRETOPAY INC., a company duly registered in Delaware […].
3.2. “TIPSTER” means the natural or legal person or entity who offers Forecasts which are made available on the Platform and on the Channels pursuant to the Terms.
3.3. “Platform” means the digital technology called “PRETOPAY Platform”, developed and owned by PRETOPAY INC. accessible through the Internet by through the application or the e-mail address https://www.pretopay.com, and includes the website;
3.4. “Personal Data” means any data relating to TIPSTERS and made available by the TIPSTERS that identifies them in any way, such as, for example, their full name, residential and/or business address, e-mail address, date of birth, social security number of birth, credit card, bank account, etc.;
3.5. “Channel(s)” means a group of people in a virtual environment to exchange messages.
3.6. “Chat(s)” means a private channel or channels, as applicable, of communication from person to person that would be from the TIPSTER to the CONSUMER USER ;
3.7. “Bot” means a set of algorithms developed by PRETOPAY, which communicate with CONSUMER USERS through chat and others, as well as Process information;
3.8. “Forecasts” means all information and forecasts of the TIPSTER and destined for the CONSUMER USER, and made available on the Platform and on Channels;
3.9. “Services” means any and all services provided by PRETOPAY through the Platform;
3.10. “Controller” means the natural or legal person responsible for decisions on the processing of Personal Data;
3.11. “Operator” means the natural or legal person who carries out the Processing of Personal Data on behalf of the Controller;
3.12. “Processing” means any operation performed on Personal Data sensitive personal data, including, but not limited to, the collection, production, reception, classification, use, access, reproduction, transmission, distribution, treatment, filing, storage, erasure, evaluation or elimination, evaluation or control of the information, modification, communication, transfer, dissemination or extraction.
4. Who can use our Services?
4.1. Any natural or legal person or entity may use our Services. For individuals, it is important to make it clear that specific conditions may be necessary, such as the consent of a legal guardian if you are a minor.
4.2. Restrictions. We try to make the Services widely available to everyone, but unfortunately, you will not be able to use the Services if:
4.2.1. You are under the age of 18 (or are under the minimum legal age in your country to use the Platform), if your legal representative does not agree to this instrument as well as our Privacy Policy.
4.2.2. We have previously deactivated your account for non-compliance the Terms, or our other policies.
4.2.3.You are prohibited from receiving our products, services or software under applicable law.
4.2.4. You use the Services in violation of the Terms and other PRETOPAY policies.
4.3. Notwithstanding anything to the contrary set forth in these terms, no person may use the Services if they are under 18 years of age.
5. What are our Services?[PL3] [JM4]
5.1. The CONSUMER USER may use the Services provided on the Platform, including, without limitation:
5.1.1. Purchasing publications on Channels;
5.1.2. Accessing the Channels purchased;
5.1.3. Accessing exclusive Forecasts on the Platform or the Channels or private chats purchased;
5.2. A Channel or Chat may be created at the TIPSTER’S sole and exclusive discretion.
5.2.1. CONSUMER USER is aware that, although the integration described above is performed using the Services and Bots, PRETOPAY has no control over the Forecasts produced within such groups nor over the behavior of individuals within such groups, which are the sole responsibility of CONSUMER USER, other users, as well as the TIPSTER (as applicable).
5.3. Bots. The Platform uses Bots to capture, process and organize the information inserted by CONSUMER USERS in the Channels, in order to summarize, index, schedule and provide services to CONSUMER USERS.
5.3.1. Bots may remove a CONSUMER USER from a given Channel if the required payment is not identified within 3 days following the invoice due date.
5.3.2. In case of failure of any service performed by the Bots, the CONSUMER USER declares that PRETOPAY shall have no liability in connection with the event, and that CONSUMER USER shall not be owed any compensation and/or any kind of payment for losses and damages.
5.4. It is forbidden for the CONSUMER USER to acquire groups on the Platform and to transmit the information of such groups to any third party, which is not part of such group, and if this provision is contravened by CONSUMER USER, PRETOPAY may take such remedies set forth in the Terms, including, without limitation, the immediate cancellation of CONSUMER USER’S account on the Platform.
6. CONSUMER USER.
6.1. The CONSUMER USER may, at its discretion, purchase and/or subscribe so as to Access the Forecasts on the Channel(s) or the Platform. The values and duration of access will be detailed on the Platform and accessible to the CONSUMER USER at the time of purchase and/or subscription.
6.2. In case of subscription to the Channel or Chat, the CONSUMER USER declares that he/she is aware that the charge relating to the value of the subscription will be automatically charged to his/her credit card on a monthly, quarterly, semi-annual or annual basis, depending on the option chosen on the Platform, until such time as he/she cancels the subscription
In this case, the charge will cease as of the month following the month in which the CONSUMER USER requests cancellation of the subscription unless applicable legislation state otherwise.
6.3. Payment relating to the purchase and/or subscription for participation in the Channel, group, or chat shall be made by the CONSUMER USER on the Platform itself, by credit card or any other payment method offered by PRETOPAY.
6.4. Depending on the payment method chosen by the CONSUMER USER, the corresponding fees will be applied in each case, which will be informed at the time of purchase and must be paid by the CONSUMER USER.
6.5. The CONSUMER USER declares to know and agrees that PRETOPAY assumes no liability whatsoever in the event that the credit card transaction is not completed and/or approved by the credit card company.
6.6. Transfer of data to third parties.
By accepting the Terms, the CONSUMER USER authorizes the transfer of data and sending of commercial information to third parties in order to offer a better experience based on the legitimate interest of direct marketing.
6.7. In case of default of payments by the CONSUMER USER, the CONSUMER USER will be excluded from the respective group, Channel or Chat.
6.8. Contracting the Services.
The CONSUMER USER will access a TIPSTER page under the PRETOPAY.com domain where he/she will be able to select, among the different subscription options, the one he/she wishes to contract. To conclude the contracting process, the CONSUMER USER must perform the “Buy” action corresponding to the offer of the Service he/she wishes to contract.
Upon contracting of the service, CONSUMER USER shall have the obligation to make a payment for the amount corresponding to the price of the selected offer.
PRETOPAY will send the CONSUMER USER, within a maximum period of 48 hours from the moment of the effective payment of the service, an e-mail to the address provided by the user, confirming the purchase transaction. It is essential that during the registration process the user indicates a valid address. If the user does not receive this confirmation within 48 hours, he/she should contact PRETOPAY at the following e-mail address [email protected].
The user will be able to know at any time the Services he/she has contracted in the Platform.
7. How to terminate the Services?
7.1. The CONSUMER USER may terminate their use of the Platform. In such event, the CONSUMER USER may receive a refund in accordance with PRETOPAY’s refund policy, which presently provides that in the event of a subscription for several months, PRETOPAY may refund the CONSUMER USER amounts in connection with months of the subscription subsequent to the month in which the subscription is terminated, and in the event of a purchase, no refund will be given.
7.2 The CONSUMER USER is aware that if the Terms are terminated, regardless of the reason, the CONSUMER USER will be automatically disqualified from accessing and using the Platform, as well as from viewing the Forecasts, as applicable.
7.3 PRETOPAY does not provide refunds in case of subscription renewal and/or after the second purchase of the same Channel, group, or chat.
8. Your commitment to us.
8.1. In order to use our Services, in addition to full reading, understanding, and accepting the Terms, as well as registering, we require you to undertake certain obligations and commitments:
8.1.1. Provide truthful information. You shall be solely and exclusively responsible, both civilly and criminally, for all information entered on the Platform, including, without limitation, the Personal Data entered. Therefore, we ask you to provide true, correct, current and complete data and information about yourself.
8.1.2. Protect your information. Your registration is personal, unique and non-transferable. Therefore, do not share access codes or passwords with third parties, do not allow third parties to access your login, and do not transfer your account to another person.
8.1.3 Do not misuse the Platform. Any use of our Services in contravention of applicable law, the Terms and other policies may result in account suspension, deletion of content or even account deactivation. Therefore, you may not use the Platform or the Services for purposes other than those proposed in the Terms and our policies, and for the avoidance of doubt, you may not:
a) Violate the rights of others, provide illegal, misleading, discriminatory, criminal and/or fraudulent information to promote violence, crime, incitement to hatred, or unlawful or illegal activity;
b) Insert viruses, malicious codes, promote cyber-attacks and/or social engineering with our brands, software and Services, as well as do anything that may disable, overload or impair the proper functioning of the Platform;
c) Insert content and photos of a pornographic nature or unlawful or illegal content or content which violates the dignity and social peace;
d) Disseminate advertisements or services that are socially exclusive and/or with malicious connotations, that in any way violate constitutional principles, current legislation or even the rights of third parties, being expressly forbidden the dissemination of Forecasts or advertisements that make mention related to age, race, ethnicity, health conditions (including pregnancy), sexual orientation, family aspects, gender, political, religion, philosophical beliefs, social origin, nationality or any other form of discrimination, except when the nature of the activity to be carried out, publicly and notoriously requires it.
e) Violate our intellectual property rights or intellectual property rights in connection with the Platform.
g) Create forwarding groups.
8.2. In the event that a third party and/or a CONSUMER USER notifies PRETOPAY or communicates with PRETOPAY regarding the illegality or unlawfulness, in any sense whatsoever, of Forecasts, PRETOPAY may prevent the availability of the Forecasts.
8.2.1 The CONSUMER USER undertakes to defend, indemnify, and hold harmless PRETOPAY, its affiliates, licensors, officers, directors, employees, contractors, personnel, licensees, successors, and assigns from and against in connection with any action, claim, proceedings, or lawsuit, liabilities, damages, judgments, awards, losses, costs, expenses, and/or fees (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with CONSUMER USER’s violation of the Terms or the CONSUMER USER’s use of the Services or Platform.
9. Our warranties and limits of liability.
9.1. PRETOPAY works continuously to provide you with the Platform. However, we cannot guarantee that it will be error-free, that it will operate without interruption, delay or imperfection. Accordingly, our liability is limited to the maximum extent permitted by applicable law and in no event will we be liable to you for any failure to transmit or receive data, business interruption, loss of business, profits, revenue, income, information or data, or for any incidental, special, indirect, exemplary, punitive or consequential damages arising out of or related to the Terms or the Platform or the Services, even if we have been advised of the possibility of such damages.
9.2. In addition to the provisions of the Terms, PRETOPAY shall in no event be liable, including jointly, severally or vicariously, for the following:
9.2.1. Inclusion of information that is false, inconsistent, inaccurate, incomplete or that may induce any error, false judgment or decision making that may cause damage to the CONSUMER USER.
9.2.2. Problems in the physical and logical network of the TIPSTERS, or CONSUMER USERS.
9.2.3. Eventual losses and damages, lost or emerging profits, whose causes can be attributed, directly or indirectly, to the provision, use or operation of the Platform, including, but not limited to cases of inconsistencies and/or failures occurring in the operation of the Bots.
9.2.4. Acts of God or force majeure, such as cyber-attacks, war, fire or flood.
9.2.5. Content that you, other users or third parties publish, send or receive through the Platform. PRETOPAY disclaims and assumes no responsibility or liability for the conduct of any other user, on or off the Service.
9.3. Disclosed Content. The TIPSTER Forecasts through the Platform shall be solely responsible and liable for all charges and damages caused to third parties of any nature, especially civil and criminal, being obliged to indemnify PRETOPAY or any third party affected.
9.4. External links. The Platform may contain links to other sites or applications, being true that PRETOPAY does not control or recommend any third party Services, the CONSUMER USER accepts that access to such applications is his/her sole and exclusive responsibility.
9.5. Third Party Products/Services. CONSUMER USER is aware that third party contacts and recommendations of services and products disclosed in the groups are stored and organized for future reference by users of the Platform, in the groups themselves and in our applications and sites. The content and veracity of such recommendations and indications are the sole and exclusive responsibility of the CONSUMER USERS themselves, PRETOPAY not being responsible for the availability, accuracy or quality of the products and services indicated on the Platform, the use and reliance on them is the sole and exclusive responsibility of the CONSUMER USER.
9.6. Removal of materials. It is not possible for PRETOPAY to evaluate Forecasts prior to its disclosure on our Platform and, in some cases, removal may not be possible. However, whenever possible, PRETOPAY reserves the right to monitor and remove and Forecasts posted that it deems, in its sole discretion, not suitable, inappropriate or in violation of the Terms, without prior notice to the CONSUMER USER.
9.7. The CONSUMER USER agrees that the use of the Platform and of the Services does not create any employment, agency, or agency relationship between the CONSUMER USER and PRETOPAY.
9.8. Notwithstanding the provisions of this clause, the CONSUMER USER agrees that PRETOPAY’S total and aggregate liability against him/her for all claims connected with the Services and/or the use of the Platform is limited to the amount equal to one (1) time the fees paid by the CONSUMER USER to PRETOPAY during the twelve (12) months immediately preceding the date of the event giving rise to the claim. The existence of more than one claim shall not increase this limit.
10. Term.
10.1. The Terms shall be valid for an indefinite period of time from the date of Acceptance.
10.2. Subject to the other provisions of the Terms, your registration will remain valid and active as long as your login is active. You may deactivate it by ceasing to use the Platform at any time. Non-use does not result in cancellation. You must submit a cancellation request through our communication channels to have your account deactivated and your data deleted or anonymized.
10.3. PRETOPAY may terminate your account at any time and without notice for any reason, including, without limitation, any possible or actual violation of the Terms, without entitling you to any compensation or indemnification. Upon termination of your account, the Terms shall be terminated and the CONSUMER USER shall be liable for any losses and damages that may be caused.
10.4. Notwithstanding the generality of anything set forth in the Terms, PRETOPAY may also stop licensing the Platform to the CONSUMER USER in the event of a change in the Services offered or in the Terms, or if we cease our activities.
11. Intellectual Property, Use and Enhancements.
11.1. You understand and agree that the Services offered are the sole and exclusive property of, and are owned One Hundred Percent (100%) by, PRETOPAY and are protected by intellectual property rights, including, without limitation, copyright.
11.2. The Terms, software and platforms (including the Platform) provided by PRETOPAY are governed primarily by the provisions of applicable law and infringers are subject to the penalties under these laws, without prejudice to civil liability for damages eventually caused by any infringement of rights.
11.3. It is intended that the Platform will be constantly improved by PRETOPAY, according to its convenience and needs, and the Services may be temporarily suspended due to improvements made by PRETOPAY. All modifications, improvements and corrections made shall be subject to this Agreement.
11.4. You will have access, regardless of any request, to enhancements, corrections and/or new features of the Platform developed/implemented by us.
12. Processing of Personal Data.
12.1. Protecting your privacy is very important to us. We will only use your personal information as set out in our privacy policy which is available here https://www.pretopay.com/privacy-policy/
12.2. In the course of providing the Services, we will process certain customer and transaction information (the “Data”).
12.3. You must ensure unobstructed transmission of the Data to our servers and that your system (software and hardware) is not tainting the transmitted information in any way.
13. Final considerations.
13.1. News. Because of your use of the Platform, we may send you announcements, marketing communications, administrative messages, and other information that we deem relevant to you, all in accordance with our Privacy Policy. But if you no longer wish to do so, you may opt out of receiving some of these communications by contacting us through the channels indicated at the end of the Terms.
13.2. Confidentiality. We and you each have a duty and obligation to maintain confidentiality and not to disclose to any third party, under any circumstances, information derived from the Services. Accordingly, each of us will treat as strictly confidential the information brought to our knowledge by the other party and will only use it within the scope of the Services. “Confidential Information” shall mean any information unique to one party disclosed to the other party, whether orally or in writing, which is indicated as confidential or which common sense should be considered confidential in view of the nature of the information, especially in relation to information provided by you at the time of registration or thereafter, to be used for the purposes of the Terms. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it acts to protect the confidentiality of its own proprietary and confidential information of the same type. We will hold all information you enter on our Platform in the strictest confidence, subject to the provisions of our Privacy Policy. For the avoidance of doubt, our obligations under this confidentiality provision are subject to the provisions of our Privacy Policy.
13.3. Successors and Assigns. The provisions of the Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. CONSUMER USER may not assign, delegate or otherwise transfer any of its rights or obligations under the Terms. PRETOPAY may freely assign, delegate, or otherwise transfer its rights and obligations under the Terms.
13.4. Forbearance. Any failure or delay on the part of either party to require performance by the other party of any term or condition of the Terms, or to exercise any right, privilege or remedy provided for herein, shall not constitute a novation or waiver of any future ability to require performance of such term, condition, right, privilege or remedy.
13.5. Independence of Clauses. Each clause, item, paragraph, period and sentence of the Terms constitutes a separate and distinct commitment or provision. Whenever possible, each provision of the Terms shall be construed so as to be valid and effective under applicable law. If any provision of the Terms are held to be unlawful, such provision shall be severed from the remainder of the Terms and replaced with a similar provision reflecting the original intentions of the parties, subject to the limits of law, and all other provisions shall continue in full force and effect.
13.6. Applicable Law. The Terms shall be construed and interpreted, and enforced pursuant to the laws of the State of New York applicable to contracts entered into and wholly performed within New York without regard for conflict of law principles, or, if appropriate, the federal laws of the United States of America applicable therein. This Term and the rights and obligations set forth herein shall be governed by and construed in accordance with the laws of Delaware.
13.7. Forum. The parties consent to the exclusive jurisdiction and venue of the Federal and State courts located in New York, New York.
I declare that I have read, agree to and know the terms specified above.
Last updated: February 11, 2022.
GENERAL TERMS OF USE
(the “Terms”)
1. Who we are.
1.1. We are a digital platform that facilitates payment for Content owned and performed by INFLUENCERS.
You (“you” or the “CONSUMER USER”) will be able to use the Services (as hereinafter defined).
For more information about the PRETOPAY, who we are, visit our portal: https://www.pretopay.com
Our Services are provided by PRETOPAY INC, headquartered at 651 N Broad St Suite 206, Middletown, DE 19709.
2. General conditions of use of our Services.
2.1. To use the Platform, as well as to register, it is mandatory to read, understand, and express your “Acceptance” of the Terms.
2.2. By expressing “Acceptance”, whether through a mobile device or a computer, you expressly declare that you have read and understood all the rights and obligations set forth in the Terms, as well as in the other documents and policies referred to in the Terms to which reference is made, in particular the Privacy Policy and accepted all of them. Furthermore, you declare that you agree to the collection, storage, custody, processing and use of your Personal Data for the purpose of providing the Services. Therefore, we ask you to read the Terms and Privacy Policy carefully and if you have any questions, please contact us through the contact details indicated at the end of the Terms.
2.3. The Terms may be modified from time to time, either for legal or strategic reasons of PRETOPAY. When this happens, we will let you know, by email or otherwise, so that you can decide whether you want to continue with us.
2.4. When using the Platform, you may make a registration through which you will provide some Personal Data. We will treat this data in the most transparent and secure manner, as explained in our Privacy Policy. We make it clear that any and all information provided during registration will be solely and exclusively your sole responsibility.
2.5. PRETOPAY does not review the information provided by you. However, we reserve the right at any time to verify the accuracy of such information and to request, at our sole discretion, clarifications and supporting documentation as we deem necessary.
2.6. The CONSUMER USER declares to be aware and acknowledges and agrees that in order to make use of some of the functions of the Platform, the CONSUMER USER will have to provide bank details for the deposit of eventual income and/or a credit card for the charges. The CONSUMER USER must also carry out the verification procedure on the Platform itself by sending the requested documents, such as personal accounts or identity document (KYC – Know Your Customer), which will be treated confidentially by Pretopay under the terms of our Privacy Policy.
2.7. By creating an account and using the Services offered herein, the CONSUMER USER declares and guarantees that the data reported on the Platform are true and correct.
2.7.1. The CONSUMER USER will comply with the Terms and with all applicable local, state, national and international laws, rules and regulations.
2.7.2. You will not force or encourage other users to breach these Terms of Use.
3. Definitions
3.1. “PRETOPAY” means PRETOPAY INC., a company duly registered in Delaware […].
3.2. “INFLUENCER” means the natural or legal person or entity who offers Content which is made available on Telegram Channel(s) and/or Pretopay and in connection with which PRETOPAY only performs payment facilitation services all pursuant to the Terms.
3.3. “Platform” means the digital technology called “PRETOPAY Platform”, developed and owned by PRETOPAY INC. accessible through the Internet and includes the website;
3.5. “Channel(s)” means a group of people in a virtual environment to exchange messages.
3.6. “Chat(s)” means a private channel or channels, as applicable, of communication from person to person that would be from the INFLUENCER to the CONSUMER USER;
3.7. “Content” means all information by INFLUENCERS and destined for the CONSUMER USER and which is made available on Telegram Channels and/or the Platform, either in writing, by means of audio, videos, and/or sending images, texts, photographs, and may be in the form of
courses, e-books, advertisements, etc.
3.8. “Bot” means a set of algorithms developed by PRETOPAY, which communicate with CONSUMER USERS through chat and others, as well as Process information;
3.9. “Services” means any and all services provided by PRETOPAY through the Platform;
3.10. “Controller” means the natural or legal person responsible for decisions on the processing of Personal Data;
3.11. “Operator” means the natural or legal person who carries out the Processing of Personal Data on behalf of the Controller;
3.12. “Processing” means any operation performed on Personal Data sensitive personal data, including, but not limited to, the collection, production, reception, classification, use, access, reproduction, transmission, distribution, treatment, filing, storage, erasure, evaluation or elimination, evaluation or control of the information, modification, communication, transfer, dissemination or extraction.
4. Who can use our Services?
4.1. Any natural or legal person or entity may use our Services. For individuals, it is important to make it clear that specific conditions may be necessary, such as the consent of a legal guardian if you are a minor.
4.2. Restrictions. We try to make the Services widely available to everyone, but unfortunately, you will not be able to use the Services if:
4.2.1. You are under the age of 18 (or are under the minimum legal age in your country to use the Platform), if your legal representative does not agree to this instrument as well as our Privacy Policy.
4.2.2 We have previously deactivated your account for non-compliance the Terms, or our other policies.
4.2.3. You are prohibited from receiving our products, services or software under applicable law.
4.2.4. You use the Services in violation of the Terms and other PRETOPAY policies.
4.3. Notwithstanding anything to the contrary set forth in these terms, no person may use the Services if they are under 18 years of age.
5.1. The CONSUMER USER may use the Services provided on the Platform, including, without limitation:
5.1.1. Purchasing publications of Content on Channels;
5.1.2. Accessing the Channels purchased;
5.1.3. Accessing exclusive Content on the Platform or the Channels or private chats purchased;
5.2. A Channel or Chat may be created at the INFLUENCER’s sole and exclusive discretion.
5.2.1. CONSUMER USER is aware that, although the integration described above is performed using the Services and Bots, PRETOPAY has no control over the Content produced within such groups nor over the behavior of individuals within such groups, which are the sole responsibility of CONSUMER USER, other users, as well as the INFLUENCER.
5.3. Bots. The Platform uses Bots to capture, process and organize the information inserted by CONSUMER USERS in the Channels, in order to summarize, index, schedule and provide services to CONSUMER USERS.
5.3.1. Bots may remove a CONSUMER USER from a given Channel if the required payment is not identified within 3 days following the invoice due date.
5.3.2. In case of failure of any service performed by the Bots, the CONSUMER USER declares that PRETOPAY shall have no liability in connection with the event, and that CONSUMER USER shall not be owed any compensation and/or any kind of payment for losses and damages.
5.4. It is forbidden for the CONSUMER USER to acquire groups on the Platform and to transmit the information of such groups to any third party, which is not part of such group, and if this provision is contravened by CONSUMER USER, PRETOPAY may take such remedies set forth in the Terms, including, without limitation, the immediate cancellation of CONSUMER USER’S account on the Platform.
6. CONSUMER USER.
6.1. The CONSUMER USER may, at its discretion, purchase and/or subscribe so as to Access the Content on the Channel(s) or the Platform. The values and duration of access will be detailed on the Platform and accessible to the CONSUMER USER at the time of purchase and/or subscription.
6.2. In case of subscription to the Channel or Chat, the CONSUMER USER declares that he/she is aware that the charge relating to the value of the subscription will be automatically charged to his/her credit card on a monthly, quarterly, semi-annual or annual basis, depending on the option chosen on the Platform, until such time as he/she cancels the subscription.
In this case, the charge will cease as of the month following the month in which the CONSUMER USER requests cancellation of the subscription unless applicable legislation state otherwise.
6.3. Payment relating to the purchase and/or subscription for participation in the Channel, group, or chat shall be made by the CONSUMER USER on the Platform itself, by credit card or any other payment method offered by PRETOPAY.
6.4. Depending on the payment method chosen by the CONSUMER USER, the corresponding fees will be applied in each case, which will be informed at the time of purchase and must be paid by the CONSUMER USER.
6.5. The CONSUMER USER declares to know and agrees that PRETOPAY assumes no liability whatsoever in the event that the credit card transaction is not completed and/or approved by the credit card company.
6.6. Transfer of data to third parties.
By accepting the Terms, the CONSUMER USER authorizes the transfer of data and sending of commercial information to third parties in order to offer a better experience based on the legitimate interest of direct marketing.
6.7. In case of default of payments by the CONSUMER USER, the CONSUMER USER will be excluded from the respective group, Channel or Chat.
6.8. Contracting the Services.
The CONSUMER USER will access a INFLUENCER page under the PRETOPAY.com domain where he/she will be able to select, among the different subscription options, the one he/she wishes to contract. To conclude the contracting process, the CONSUMER USER must perform the “Buy” action corresponding to the offer of the Service he/she wishes to contract.
Upon contracting of the service, CONSUMER USER shall have the obligation to make a payment for the amount corresponding to the price of the selected offer.
PRETOPAY will send the CONSUMER USER, within a maximum period of 48 hours from the moment of the effective payment of the service, an e-mail to the address provided by the user, confirming the purchase transaction. It is essential that during the registration process the user indicates a valid address. If the user does not receive this confirmation within 48 hours, he/she should contact PRETOPAY at the following e-mail address [email protected].
The user will be able to know at any time the Services he/she has contracted in the Platform.
7. How to terminate the Services?
7.1. The CONSUMER USER may terminate their use of the Platform. In such event, the CONSUMER USER may receive a refund in accordance with PRETOPAY’s refund policy, which presently provides that in the event of a subscription for several months, PRETOPAY may refund the CONSUMER USER amounts in connection with months of the subscription subsequent to the month in which the subscription is terminated, and in the event of a purchase, no refund will be given.
7.2. The CONSUMER USER is aware that if the Terms are terminated, regardless of the reason, the CONSUMER USER will be automatically disqualified from accessing and using the Platform, as well as from viewing the Content.
7.3. PRETOPAY does not provide refunds in case of subscription renewal and/or after the second purchase of the same Channel, group, or chat.
8. Your commitment to us.
8.1. In order to use our Services, in addition to full reading, understanding, and accepting the Terms, as well as registering, we require you to undertake certain obligations and commitments:
8.1.1. Provide truthful information. You shall be solely and exclusively responsible, both civilly and criminally, for all information entered on the Platform, including, without limitation, the Personal Data entered. Therefore, we ask you to provide true, correct, current and complete data and information about yourself.
8.1.2. Protect your information. Your registration is personal, unique and non-transferable. Therefore, do not share access codes or passwords with third parties, do not allow third parties to access your login, and do not transfer your account to another person.
8.1.3. Do not misuse the Platform. Any use of our Services in contravention of applicable law, the Terms and other policies may result in account suspension, deletion of content or even account deactivation. Therefore, you may not use the Platform or the Services for purposes other than those proposed in the Terms and our policies, and for the avoidance of doubt, you may not:
a) Violate the rights of others, provide illegal, misleading, discriminatory, criminal and/or fraudulent information to promote violence, crime, incitement to hatred, or unlawful or illegal activity;
b) Insert viruses, malicious codes, promote cyber-attacks and/or social engineering with our brands, software and Services, as well as do anything that may disable, overload or impair the proper functioning of the Platform;
c) Insert content and photos of a pornographic nature or unlawful or illegal content or content which violates the dignity and social peace;
d) Disseminate advertisements or services that are socially exclusive and/or with malicious connotations, that in any way violate constitutional principles, current legislation or even the rights of third parties, being expressly forbidden the dissemination of Contents and or advertisements that make mention related to age, race, ethnicity, health conditions (including pregnancy), sexual orientation, family aspects, gender, political, religion, philosophical beliefs, social origin, nationality or any other form of discrimination, except when the nature of the activity to be carried out, publicly and notoriously requires it.
e) Violate our intellectual property rights or intellectual property rights in connection with the Platform.
f) Publish Content or any content that infringes the copyright and / or intellectual property rights of others.
8.2. In the event that a third party and/or a CONSUMER USER notifies PRETOPAY or communicates with PRETOPAY regarding the illegality or unlawfulness, in any sense whatsoever, of the Content, PRETOPAY may prevent the availability of the Content.
8.2.1. The CONSUMER USER undertakes to defend, indemnify, and hold harmless PRETOPAY, its affiliates, licensors, officers, directors, employees, contractors, personnel, licensees, successors, and assigns from and against in connection with any action, claim, proceedings, or lawsuit, liabilities, damages, judgments, awards, losses, costs, expenses, and/or fees (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with CONSUMER USER’s violation of the Terms or the CONSUMER USER’s use of the Services or Platform.
9. Our warranties and limits of liability.
9.1. PRETOPAY works continuously to provide you with the Platform. However, we cannot guarantee that it will be error-free, that it will operate without interruption, delay or imperfection. Accordingly, our liability is limited to the maximum extent permitted by applicable law and in no event will we be liable to you for any failure to transmit or receive data, business interruption, loss of business, profits, revenue, income, information or data, or for any incidental, special, indirect, exemplary, punitive or consequential damages arising out of or related to the Terms or the Platform or the Services, even if we have been advised of the possibility of such damages.
9.2. In addition to the provisions of the Terms, PRETOPAY shall in no event be liable, including jointly, severally or vicariously, for the following:
9.2.1. Inclusion of information that is false, inconsistent, inaccurate, incomplete or that may induce any error, false judgment or decision making that may cause damage to the CONSUMER USER.
9.2.2. Problems in the physical and logical network of the INFLUENCERS, or CONSUMER USERs.
9.2.3. Eventual losses and damages, lost or emerging profits, whose causes can be attributed, directly or indirectly, to the provision, use or operation of the Platform, including, but not limited to cases of inconsistencies and/or failures occurring in the operation of the Bots.
9.2.4. Acts of God or force majeure, such as cyber-attacks, war, fire or flood.
9.2.5. Content that you, other users or third parties publish, send or receive through the Platform. PRETOPAY disclaims and assumes no responsibility or liability for the conduct of any other user, on or off the Service.
9.3. Disclosed Content. The INFLUENCER , as applicable, Content and Advice through the Platform shall be solely responsible and liable for all charges and damages caused to third parties of any nature, especially civil and criminal, being obliged to indemnify PRETOPAY or any third party affected.
9.4. External links. The Platform may contain links to other sites or applications, being true that PRETOPAY does not control or recommend any third party Services, the CONSUMER USER accepts that access to such applications is his/her sole and exclusive responsibility.
9.5. Third Party Products/Services. CONSUMER USER is aware that third party contacts and recommendations of services and products disclosed in the groups are stored and organized for future reference by users of the Platform, in the groups themselves and in our applications and sites. The content and veracity of such recommendations and indications are the sole and exclusive responsibility of the CONSUMER USERS themselves, PRETOPAY not being responsible for the availability, accuracy or quality of the products and services indicated on the Platform, the use and reliance on them is the sole and exclusive responsibility of the CONSUMER USER.
9.6. Removal of materials. It is not possible for PRETOPAY to evaluate Content prior to its disclosure on our Platform and, in some cases, removal may not be possible. However, whenever possible, PRETOPAY reserves the right to monitor and remove Content posted that it deems, in its sole discretion, not suitable, inappropriate or in violation of the Terms, without prior notice to the CONSUMER USER.
9.7. The CONSUMER USER agrees that the use of the Platform and of the Services does not create any employment, agency, or agency relationship between the CONSUMER USER and PRETOPAY.
9.8. Notwithstanding the provisions of this clause, the CONSUMER USER agrees that PRETOPAY’S total and aggregate liability against him/her for all claims connected with the Services and/or the use of the Platform is limited to the amount equal to one (1) time the fees paid by the CONSUMER USER to PRETOPAY during the twelve (12) months immediately preceding the date of the event giving rise to the claim. The existence of more than one claim shall not increase this limit.
10. Term.
10.1. The Terms shall be valid for an indefinite period of time from the date of Acceptance.
10.2. Subject to the other provisions of the Terms, your registration will remain valid and active as long as your login is active. You may deactivate it by ceasing to use the Platform at any time. Non-use does not result in cancellation. You must submit a cancellation request through our communication channels to have your account deactivated and your data deleted or anonymized.
10.3. PRETOPAY may terminate your account at any time and without notice for any reason, including, without limitation, any possible or actual violation of the Terms, without entitling you to any compensation or indemnification. Upon termination of your account, the Terms shall be terminated and the CONSUMER USER shall be liable for any losses and damages that may be caused.
10.4. Notwithstanding the generality of anything set forth in the Terms, PRETOPAY may also stop licensing the Platform to the CONSUMER USER in the event of a change in the Services offered or in the Terms, or if we cease our activities.
11. Intellectual Property, Use and Enhancements.
11.1. You understand and agree that the Services offered are the sole and exclusive property of, and are owned One Hundred Percent (100%) by, PRETOPAY and are protected by intellectual property rights, including, without limitation, copyright.
11.2. The Terms, software and platforms (including the Platform) provided by PRETOPAY are governed primarily by the provisions of applicable law and infringers are subject to the penalties under these laws, without prejudice to civil liability for damages eventually caused by any infringement of rights.
11.3. It is intended that the Platform will be constantly improved by PRETOPAY, according to its convenience and needs, and the Services may be temporarily suspended due to improvements made by PRETOPAY. All modifications, improvements and corrections made shall be subject to this Agreement.
11.4. You will have access, regardless of any request, to enhancements, corrections and/or new features of the Platform developed/implemented by us.
12. Processing of Personal Data.
12.1. Protecting your privacy is very important to us. We will only use your personal information as set out in our privacy policy which is available here https://www.pretopay.com/privacy-policy/
12.2. In the course of providing the Services, we will process certain customer and transaction information (the “Data”).
12.3. You must ensure unobstructed transmission of the Data to our servers and that your system (software and hardware) is not tainting the transmitted information in any way.
13. Final considerations.
13.1. News. Because of your use of the Platform, we may send you announcements, marketing communications, administrative messages, and other information that we deem relevant to you, all in accordance with our Privacy Policy. But if you no longer wish to do so, you may opt out of receiving some of these communications by contacting us through the channels indicated at the end of the Terms.
13.2. Confidentiality. We and you each have a duty and obligation to maintain confidentiality and not to disclose to any third party, under any circumstances, information derived from the Services. Accordingly, each of us will treat as strictly confidential the information brought to our knowledge by the other party and will only use it within the scope of the Services. “Confidential Information” shall mean any information unique to one party disclosed to the other party, whether orally or in writing, which is indicated as confidential or which common sense should be considered confidential in view of the nature of the information, especially in relation to information provided by you at the time of registration or thereafter, to be used for the purposes of the Terms. Each party agrees to p rotect the confidentiality of the Confidential Information of the other party in the same manner that it acts to protect the confidentiality of its own proprietary and confidential information of the same type. We will hold all information you enter on our Platform in the strictest confidence, subject to the provisions of our Privacy Policy. For the avoidance of doubt, our obligations under this confidentiality provision are subject to the provisions of our Privacy Policy.
13.3. Successors and Assigns. The provisions of the Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. CONSUMER USER may not assign, delegate or otherwise transfer any of its rights or obligations under the Terms. PRETOPAY may freely assign, delegate, or otherwise transfer its rights and obligations under the Terms.
13.4. Forbearance. Any failure or delay on the part of either party to require performance by the other party of any term or condition of the Terms, or to exercise any right, privilege or remedy provided for herein, shall not constitute a novation or waiver of any future ability to require performance of such term, condition, right, privilege or remedy.
13.5. Independence of Clauses. Each clause, item, paragraph, period and sentence of the Terms constitutes a separate and distinct commitment or provision. Whenever possible, each provision of the Terms shall be construed so as to be valid and effective under applicable law. If any provision of the Terms are held to be unlawful, such provision shall be severed from the remainder of the Terms and replaced with a similar provision reflecting the original intentions of the parties, subject to the limits of law, and all other provisions shall continue in full force and effect.
13.7. Forum. The parties consent to the exclusive jurisdiction and venue of the Federal and State courts located in New York, New York.
I declare that I have read, agree to and know the terms specified above.
Last updated: February 11, 2022.
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