Whether you have a question, partnership idea, or just want to explore how Paypertok can work for your business — we’re here and ready to help.
Whether you have a question, partnership idea, or just want to explore how Paypertok can work for your business — we’re here and ready to help.
Whether you have a question, partnership idea, or just want to explore how Paypertok can work for your business — we’re here and ready to help.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Version: v.1.04.
Released Date: March 07, 2024
1. OVERVIEW
This Terms of Use Agreement (“Terms”, “Agreement”) is entered into by and between SEVEN COLLAB LLC, with a principal place of business at 347 Fifth Ave, Suite 1402-191, New York, NY 10016, USA (“Company”) and you, and is made effective as of the date of your first use of this website https://paypertok.com (“Website”), any of Paypertok applications (“Apps”): dashboard.paypertok.com, my.paypertok.com, app.paypertok.com or Paypertok widget (“Widget”) or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the Paypertok Platform (“Platform”) which includes the Website, Widget and/or Apps as well as the products and/or services purchased, used or accessed through this Platform (the “Platform Services”).
The Platform and the Platform Services represent an online platform through which the Service Providers can offer their services through online video and/or audio call (meeting, session) or text correspondence (“Correspondence”) and the Consumers can consume them and pay them directly, through the online interaction.
Whether you are simply browsing or using the Platform or use the Platform services, your use of the Platform and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement and our Privacy policy.
The terms “we”, “us” or “our” shall refer to the Company.
The terms “you”, “your”, “User” shall refer to any individual or entity who accepts this Agreement, use our Platform, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Platform. Your use of this Platform or the Platform Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS PLATFORM OR THE PLATFORM SERVICES.
2. ELIGIBILITY
The Platform and the Platform services are available only to Users who can form legally binding contracts under applicable law. By using the Platform or the Platform services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Platform services found under the laws of any applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.
If you choose to provide services using the Platform, you acknowledge and agree that your relation with the Company is limited to the fact that you are a User and not a third party professional, independent contractor and not an employee, agent, partner, associate of the Company, which acts exclusively in its name and for its benefit and not in the name and benefit of the Company.
3. GLOSSARY
Platform – an online platform that connects/facilitates the interaction between Service Providers / Counsellors, who can legally perform an activity online, with Consumers, who seek or need the services provided by Service Providers / Counsellors (hereinafter referred to as “Counsellor Service”), services that can be accessed through the Platform.
Platform Services – means the products and/or services, offered by the Company, purchased, received or accessed by Users through the Platform;
User – means any person or entity that started to Use the Platform, including, but not limited to Service Providers, Counsellors, and Consumers.
Service Provider – means a registered User, an entity or individual, who offers services for a fee in the form of video or audio call (meeting, session) and/or text correspondence through the Platform. The Service provider can be a Counsellor by itself or can have more than one Counsellor under its authority.
Counsellor – means a registered User, created and authorized by the Service Provider as a Service Provider’s representative, who provides Services directly to Consumers on behalf of the Service Provider.
Services – means any activity and/or service (“Meeting”, “Session”, “Correspondence”) that can be provided legally and legitimately in the online environment of the Platform by a Service Provider, through direct audio and/or video interaction or text correspondence with a Consumer, offered by a Service Provider for the consumption and/ or purchase by a Consumer.
Consumer – a User who makes an audio or video call (meeting, session) or text correspondence with a Counsellor through the Platform to receive the Services for a fee offered by the Service Provider.
Payment Gateway– Stripe financial platform (https://stripe.com) used to process payments within the Platform.
User Content – means the entire content that the User writes, uploads, displays, publishes, transmits or includes in their User profile on the Platform, in the written/audio/video messages and/or text correspondence.
Company’s Content – all content that the Company makes available through the Platform or is related to promotional and/or advertising campaigns or with official social media channels, including content licensed by any third party.
URL Link – means a unique link (Service Provider’s URL Link and/or Counsellor’s personal link) assigned to the Service Provider’s and Counsellor’s account while creating an account, which can be used for inviting Consumers to receive Services through the Platform.
Widget – means an element of interaction in a graphical user interface, provided by the Platform, that enables a Service Provider to perform Services to Consumers directly from the Service Provider’s website.
4. PROHIBITED ACTIVITIES
By using the Platform, You acknowledge and agree that:
You will not use the Platform in a manner that:
You will not:
As a user of the Platform services, you agree not to:
The Platform in any way may not be used for providing the Services related to:
5. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply specifically to your use of the Company’s Content posted to the Platform. Company’s Content on the Platform, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Company’s Content”), are owned by or licensed to the Company in perpetuity and are subject to copyright, trademark, and/or patent protection.
Company’s Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.
6. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform and/or the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Platform Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
We reserve the right to change, modify, or remove the Company’s and/or User Content at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform Services.
We cannot guarantee the Platform Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform Services during any downtime or discontinuance of the Platform Services. Nothing in these Terms will be construed to obligate us to maintain and support the Platform Services or to supply any corrections, updates, or releases in connection therewith.
The Platform and the Platform Services represent an online platform through which the Service Provider can offer the Services through online video/audio call (meeting, session), text correspondence and Consumers can consume and pay them directly, through the online interaction. You therefore acknowledge and agree that the Company: (i) is not part of the agreement concluded directly between the Service Provider/Counsellor and Consumer; (ii) has no control over the Services that the Service Provider carries out directly to Consumers; (iii) does not perform services on behalf of the Service Providers and/or Counsellors, (iv) has no control over the behavior and any User content, or content of other users in their use of the Platform. Thus, the Company does not assume any liability in this regard, up to the maximum limit provided by law.
The Platform may carry out technical monitoring of the provision of Services, collect technical information to improve the operation of the Platform and Platform Services, as well as the monitoring of Services and/or User Content to check the compliance of Services and/or User Content with these Terms and their possible breach.
7. USER ACCOUNTS
Within the Platform you can have the following types of accounts: (i) Service Provider; (ii) Counsellor; (iii) Consumer. Based on the role of the Consumer, you can interact with the Service Providers and Counsellors listed on the Platform.
To use the Platform, a User account is required. It is forbidden to create duplicate accounts. If you accidentally created a duplicate account, you must immediately notify us and specify which account to keep valid. All other duplicated accounts will be deleted by the Company.
If you wish to buy and consume Services you may create an account of the Consumer or choose to do so without registration with limited access to the Platform Services as may be defined herein. Your User Account and Profile will be created based on the personal information that you have decided to fill in and
make available to us.
You agree that the information provided during the registration and account creation process will be accurate, up-todate and complete.
You also agree to update this information whenever it is necessary so that it remains accurate, up -to-date and complete. The Company reserves the right to suspend or even close your User Account and thus to limit/ stop the access to the Platform if any information provided during, or even after, the registration process proves to be inaccurate, incomplete, out of date or in contradiction with these Terms.
As for the password associated with your User account, you are solely responsible for keeping it secure. You hereby agree not to disclose this password to any third party, and you shall have full responsibility for all actions taken within the Platform, whether or not you have authorized such activities. Your password is hashed and may not be seen by us or anyone else for any reason.
If you have any suspicion or suspected fraudulent use of your account, you are responsible for urgently notifying the Company.
Use of the Platform requires a computer, tablet, smartphone or any other device that has a microphone and/or camera available. It is the User’s sole responsibility to fulfill all technical requirements, as may be required from time to time, to be able to use the Platform and the Platform Services, including, but not limited to, sufficient internet bandwidth and web browser, as well as camera and microphone devices to provide and/or obtain live services. We are not liable for the quality of Services, as well as the impossibility of providing or receiving them due to incompatibility or malfunction of equipment, web-browsers, software, drivers, insufficient speed of the Internet connection, Wi-Fi coverage, and/or any other troubles arising while your usage of the Platform due to technical or any other issues with your hardware and/or software.
The User is fully responsible for any telephone charges and/or internet service fees that may arise from the User’s use of the Platform and/or the Platform Services.
The Company and/or the Platform may at any time with or without a reason and/or explanation block and/or unblock the User (User’s account).
The Company and/or the Platform may at any time delete the User (User’s account) in case of any breach of These terms by the User.
8. SERVICE PROVIDER’S AND COUNSELLOR’S ACCOUNTS
To be able to provide Services you must register as a Service Provider. If you will only manage the Services of other Counsellors, it is enough for you to create a Service Provider’s account. If you will manage and provide your Services personally by yourself you must additionally register as a Counsellor. In this case you will have all the possibilities, rights and duties also as a Service Provider.
If you will only provide Services on behalf of the Service Provider it is enough for you to create a Counsellor’s account.
For Consumers acquired through the Platform, the Service Provider agrees to exclusively use the Platform for providing Services. When providing Services, Service Provider/Counsellor agrees to solely use the Platform. Service Provider and/or Counsellor may not use the Platform with the objective of recruiting new consumers for physical or telephone meetings outside of the Platform.
It is forbidden to bypass the Platform (in any online and/or offline form and/or using any third-party software) for providing services, similar to the Services.
For providing Services and dealing with Consumers, the Service Provider may also use their own terms of services (“Own Terms”) in addition to these Terms. In any way such Own Terms cannot contradict to these Terms and in case of any inconsistency of such Own Terms with these Terms these Terms shall always prevail.
The Service Provider is solely responsible for compliance of their Own Terms with all applicable and local laws.
By creating an account of the Services Provider/Counsellor you understand and agree that you are solely responsible for any of the Services listed and for any User Content you choose to display within the Platform.
As a Service Provider you are fully responsible for all the Counsellors connected to your account and services provided by them.
To complete a registration as a Services Provider, fully activate an account and be able to provide Services, the User has to fulfill all the instructions and provide necessary payment information to the third party appointed by the Company as the payment service provider that is defined in a Payments section of these Terms.
The Service Provider will be assigned by the Platform a unique URL link (“Service Provider’s URL Link”) that can be used to invite Consumers and offer them Services.
The Counsellor will be assigned by the Platform a unique URL personal link (“Counsellor’s personal link”) that can be used to invite Consumers and provide them Services.
9. CONSUMER’S ACCOUNT
The Consumer can start to use the Platform by clicking a URL Link, provided by the Service Provider/Counsellor or by using the Widget.
As a Consumer, you agree to pay the Service Provider for Services in accordance with these Terms and due to the conditions offered by the Service provider.
As a Consumer you understand and agree that in case you wish to demand a refund for any Services, you shall contact directly the Service Provider/Counsellor, and the Company is not responsible and is not authorized in any case to be involved in this discussion and/or dispute.
10. PAYMENTS
Payment processing services are provided by the Stripe platform (https://stripe.com) (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Service Provider on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
Stripe is a PCI DSS Compliant payment service, thus the Company and the Platform are not responsible for any issues related to the processing of payments and/or security of your payment details.
All payment information and details are stored and processed by Stripe. We do not store, process or share any payment information and details.
The cost of Services shall be defined by the Service Provider and calculated based on the type of Services and the fee set up by the Service Provider for the relevant type of Services (the “Fee”).
The Fee represents the value that the Service Provider defines in their account profile for each separate type of Services and for each separate Counsellor(s).
This Fee is the basis for calculating the total cost of Services provided by the Service Provider/Counsellor to the Consumer.
There are the following types of Fees available:
The payment for Services shall be made in advance by reserving the funds on the the Consumer’s credit or debit card in an amount equal to:
After the Services are provided, the reserved amount will be charged automatically.
In case the provision of Services was not started or was interrupted before the completion of the paid scope of Services, the funds may be refunded in proportion to the unused part of the Services.
In case the paid scope of Services provided on a pay per minute basis is nearing completion, the Consumer will be offered to purchase another minimum duration of Services.
The total cost of a Call/Meeting based on a Fee per minute basis represents the amount obtained from the multiplication of the Fee per minute and the duration of the Call/Meeting (number of full and partial minutes), spent during the Call/Meeting. The total cost of Session with a fixed Fee per session shall be the amount of such fixed Fee, defined by the Service Provider.
The Consumer irrevocably understands and agrees that by starting any Call/Meeting/Session and/or Correspondence they are obliged to pay the Service Provider for such Services in an amount calculated due to the above-mentioned rules.
The total value of the Service Provider’s invoice represents the amount that the Consumer owes to the Service Provider for their Services.
Following the provision of Services, the Platform shall send to the Consumer an invoice on behalf of the Service Provider and by using the Payment Gateway
As a Consumer, you understand and agree that you allow the automatic payment to the Service Provider by automatically charging your credit or debit card with the value of the total cost of the Call/Meeting/Session/Correspondence.
Thus, you certify and understand that the Company disclaims any responsibility arising out of or in connection with the agreement between you and the Service Provider.
To provide Services using the Platform, the Service Provider must have a positive balance of minutes and/or messages on their account.
Service Provider may add minutes and/or messages to their balance by purchasing from the Company the relevant package(s) of minutes (for providing Services as audio calls or video meetings) and/or messages (for Services provided using text correspondence) (“Platform Package”).
Types, cost, terms and other conditions of Platform Packages are determined by the Company at its sole discretion. The Company may from time to time add, modify, delete, any and/or all types of Platform packages at its sole discretion.
The Platform package(s) purchased by the Service provider are not refundable.
Also, where applicable, the Company may collect Fees/Taxes (such as Value Added Tax) regarding the Services available within the Platform.
All commission fees, conversion rates, currency exchange rates, withholdings and/or any other additional expenses arising while the Consumer is making a payment, are set up, defined, calculated and processed by the Payment Gateway (“Payment Gateway’s Fees”).
The Company and/or the Platform is not responsible for the Payment Gateway’s Fees.
The Consumer has to pay Payment Gateway’s Fees in addition to the payment for Services.
11. USER CONTENT
Some of the features of this Platform may allow Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to the Platform, you represent and warrant to Company that (i) you have all necessary rights to distribute User Content via the Platform or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party and/or applicable laws and regulations.
You agree not to circumvent, disable or otherwise interfere with the security-related features of the Platform (including without limitation those features that prevent or restrict the use or copying of any Companies Content or User Content) or enforce limitations on the use of the Platform, the Companies Content or the User Content therein.
12. COMPANY’S USE OF USER CONTENT
The provisions in this Section apply specifically to Companies’ use of User Content posted on the Platform.
You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it within the Platform.
With Respect to User Submissions, you acknowledge and agree that:
The Company encrypts User Content in the database. The Company generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so based on a complaint from other Users or competent authorities and decide whether any item of User Content is appropriate and/or complies with these Terms and/or applicable local and/or state law. Company may remove any item of User Content if it violates these Terms and/or applicable local and/or state law, at any time and without prior notice.
13. LINKS TO THIRD-PARTY WEBSITES
This Platform may contain links to third-party websites that are not owned or controlled by the Company. The Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third – party websites. In addition, the Company does not censor or edit the content of any third-party websites. By using this Platform you expressly release the Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave this Platform and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS PLATFORM SHALL BE AT YOUR OWN RISK AND THAT THIS PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS PLATFORM AND / OR THE SERVICES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS PLATFORM, AND/OR (III) THE SERVICES FOUND AT THIS PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS PLATFORM, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS PLATFORM OR THE SERVICES FOUND AT THIS PLATFORM, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS PLATFORM OR THE SERVICES FOUND AT THIS PLATFORM.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS PLATFORM AND / OR THE SERVICES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS PLATFORM, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS PLATFORM, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS PLATFORM OR THE SERVICES FOUND AT THIS PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS PLATFORM OR THE SERVICES FOUND AT THIS PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS PLATFORM OR THE SERVICES FOUND AT THIS PLATFORM.
THE COMPANY WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE (INCLUDING BUT NOT LIMITED TO ALL AND ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, EQUITABLE RELIEF, MONETARY LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM, PLATFORM SERVICES AND/OR THE SERVICES. YOU EXPRESSLY AGREE TO HOLD THE
COMPANY HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM.
16. INDEMNITY
You agree to protect, defend, indemnify and hold harmless the Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Platform; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or another proprietary rights, (iv) the Services. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Platform or the Services found at this Platform.
17. DATA TRANSFER
If you are visiting this Platform from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Platform and communicating electronically with us, you consent to such transfers.
18. AVAILABILITY OF THE PLATFORM
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Platform on a 24/7 basis. You acknowledge and agree that from time to time this Platform may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Platform on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
19. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although the Company makes great efforts to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by the Company. The Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Platform and using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of the electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
22. COMPLIANCE WITH LOCAL LAWS
The Company makes no representation or warranty that any content (including User’s Content and Company’s Content) available on the Platform is appropriate in every country or jurisdiction, and access to the Platform from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the Platform are responsible for compliance with all local laws, rules and regulations.
23. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of New York, USA, to the exclusion of conflict of law rules.
24. DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Courts of the State of New York, USA.
The Users agree that any dispute regarding the relation between the Users, shall be limited to the dispute between the Users individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You understand and agree that the Company is not authorized and will not in any case handle any disputes between you and any other User of the Platform. All the disputes shall be resolved directly between Users by themselves.
All and any complaints between Users against each other shall be addressed by one User directly to the other User.
The User may send a complaint against the Service Provider to the Company. In this case the Company may suspend or block the Service Provider’s account at its sole discretion.
All and any complaints against the Counsellor(s) shall be addressed by the User to the Service provider to which these Counsellor(s) are assigned.
All and any complaints regarding the Platform and/or the Platform services shall be addressed to the Company
25. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
26. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
These Terms and any policies and/or operating rules, descriptions, explanations, hints, pop-ups, other terms and conditions posted by us on the Platform or with respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
27. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
SEVEN COLLAB LLC
347 Fifth Ave, Suite 1402-191, New York, NY 10016, USA
E-mail: info@paypertok.com
Version: v.1.04.
Released Date: March 07, 2024.
This Privacy Policy is an integral part of the Terms of Service (“Terms”).
Words written with capital letters in this Privacy Policy have the same meaning as expressed in the relevant Terms. Service Providers, Counsellors and Consumers will be jointly referred to as User (“User”, “you”, “your”) in this document.
At the Platform, one of our main priorities is the privacy of our visitors. This Privacy Policy document for the Platform contains types of information that are collected and recorded by the Company (“we”, “us”, “our”) and describe how and why we might collect, store, use, and/or share (“process“) your information when you use our services (“Platform Services“), such as when you:
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
CONSENT
By using the Platform, you hereby consent to our Privacy Policy and agree to its terms. IF YOU DO NOT AGREE WITH OUR PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM SERVICES AND/OR THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
SUMMARY OF KEY POINTS
What personal information do we process? When you visit, use, or navigate our Platform and/or Platform Services, we may process personal information depending on how you interact with us and the Platform, the choices you make, and the products and features you use.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Platform and Platform Services, communicate with you, for security and fraud prevention, and comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request under applicable data protection laws.
Self-Monitoring. It is of utmost importance for us to protect your integrity. However, the User bears the sole responsibility and takes on all the risks associated with using the Platform Services and the Platform, the internet in general, posting or participating in live service sessions on the Platform, as well as how the User interacts on or outside the Platform.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us. We collect personal information that you voluntarily provide to us when you use the Platform/Platform Services, express an interest in obtaining information about us or our products and Platform Services when you participate in activities on the Platform/Platform Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Platform, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. We do not process sensitive information.
Payment Data. We do not collect data necessary to process your payment if you use Services and/or Platform Services, including your payment instrument number, and the security code associated with your payment instrument. All payment data is stored according to the Payment Gateway Policy. You may find their privacy notice link Stripe Privacy Policy.
Application Data. If you use our Apps, we also may collect the following information if you choose to provide us with access or permission:
This information is primarily needed to maintain the security and operation of our Apps, for troubleshooting, and for our internal analytics and reporting purposes. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Log Files. The Platform follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this as a part of hosting services’ analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet service provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any personally identifiable information. The purpose of the information is to analyse trends, administer the Platform, track users’ movement on the Platform, and gather demographic information.
2. HOW DO WE PROCESS YOUR INFORMATION?
We process your personal information for a variety of reasons, depending on how you interact with the Platform, including:
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely to process your personal information. As such, we may rely on the following legal bases to process your personal information:
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
We may need to share your personal information in the following situations:
Vendors and service providers. To assist us in meeting business operations needs and to perform certain services and functions, we may provide Personal Information to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, email communication software, web analytics services, and other information technology providers, among others. Pursuant to our instructions, these parties will access, process, or store Personal Information only in the course of performing their duties to us.
Business Transfers. We may share or transfer your information in connection with or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Services and/or Platform Services, such personal information may be viewed by other Users and may be publicly made available outside the Services and/or Platform Services in perpetuity. Similarly, other Users will be able to view a description of your activity, communicate with you within the Services and/or Platform Services, and view your Profile.
Legal Requirements. We may share your Personal Information, including information about your interaction with the Platform Services, with government authorities, industry peers, or other third parties (i) if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, or users, or the public, or (vi) to protect against legal liability.
Affiliates: We may disclose Personal Information to our affiliates, meaning an entity that controls, is controlled by or is under common control with the Company. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy.
5. ADDITIONAL U.S. STATE DISCLOSURES.
The following provides additional information about the categories of Personal Information we collect and how we disclose that information.
Identifiers, such as your full name, contact details, IP address, and other device identifiers. We may disclose this information to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; to parties involved in transactions; and to other Users and third parties you choose to share it with.
Commercial Information, such as your transaction history. We may disclose this information to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above.
Network Activity Information and how you interact with the Platform Services. We may disclose this information to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; and to other Users and third parties you choose to share it with.
Geolocation Data. We may disclose this information to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above.
To the extent provided for by local law and subject to applicable exceptions, individuals may have the following privacy rights in relation to their personal information:
We don’t “sell” personal Information or “share” personal Information for cross-contextual behavioral advertising (as those terms are defined under applicable local law). We also don’t process sensitive personal information.
Exercising Your Rights. To the extent applicable under local law, you can exercise the privacy rights described in this section by submitting a request through privacy@paypertok.com.
Verification. To protect your personal information from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete personal information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional personal information and proof of residency for verification. If we cannot verify your identity, we will not be able to honor your request.
Authorized Agents. You may also submit a rights request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity and submit proof of your residency with us. Authorized agent requests can be submitted to privacy@paypertok.com.
Appeals. Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights under applicable local law. To appeal a decision, please send your request to privacy@paypertok.com.
6. INTERNATIONAL USERS
By using the Platform Service, you understand and acknowledge that your personal Information will be processed and stored in our facilities and servers in the EU and may be disclosed to our service providers and affiliates in other jurisdictions.
Legal Basis for Processing. Our legal bases for processing your personal Information include:
Data Transfers. Where required, we will use appropriate safeguards for transferring personal information outside of certain countries. We will only transfer personal information pursuant to a legally valid transfer mechanism.
Data Protection Officer. You can contact our data protection officer at privacy@paypertok.com in matters related to personal information processing.
7. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.
8. HOW LONG DO WE KEEP YOUR INFORMATION?
We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this Privacy Policy will require us to keep your personal information for longer than the period in which Users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
9. HOW LONG DO WE KEEP YOUR INFORMATION?
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from the Platform is at your own risk. You should only access the Platform within a secure environment.
10. DO WE COLLECT INFORMATION FROM MINORS?
We do not knowingly solicit data from or market to children under 18 years of age. By using the Platform, you represent that you are at least 18 years of age (or older if the local laws define a higher age for the possibility of using the Platform) or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Platform. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we may have collected from children under age 18, please contact us at privacy@paypertok.com.
11. WHAT ARE YOUR PRIVACY RIGHTS?
In some regions (like the EEA, UK, and Switzerland), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS POLICY?” below.
We will consider and act upon any request in accordance with applicable data protection laws.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.
If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.
The rights of Users based on the General Data Protection Regulation (GDPR)
Users may exercise certain rights regarding their Data processed by the Company.
In particular, Users have the right to do the following, to the extent permitted by law:
Users are also entitled to learn about the legal basis for Data transfers abroad including to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Company to safeguard their Data.
Withdrawing your consent: If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS POLICY?” below or by updating your preferences.
However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Account Information. If you would at any time like to review or change the information in your account or terminate your account, you can Log in to your account settings and update your User account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Platform.
If you have questions or comments about your privacy rights, you may email us at privacy@paypertok.com.
12. UPDATES TO THIS POLICY
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.
13. HOW CAN YOU CONTACT US ABOUT THIS PRIVACY POLICY?
If you have questions or comments about this Privacy Policy, you may email us at privacy@paypertok.com or contact us by post at: 347 Fifth Ave, Suite 1402-191, New York, NY 10016, USA.
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.