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TERMS OF SERVICE

Last Updated: February 16, 2025

AGREEMENT TO OUR LEGAL TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and MediaLabs Group Inc., doing business as Payper ("Company," "we," "us," or "our"), concerning your access to and use of the Payper mobile application (the "App") and any related services, including our website getpayper.app (collectively, the "Services").

By accessing or using the Services, you agree to abide by these Terms. If you do not agree, you must discontinue use immediately.

We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

1. LIMITED LICENSE

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App solely for personal and non-commercial use, in accordance with these Terms.

Your use of the Services must comply with all applicable laws and regulations. Any unauthorized use of the Services is strictly prohibited.

2. AGE REQUIREMENT

You must be at least 13 years old to use the Services. If you are under 18, you may only use the Services with the consent and supervision of a parent or legal guardian. By using the Services, you affirm that you meet these requirements.

3. ACCOUNT REGISTRATION AND SECURITY

  • Users must provide accurate, complete, and current information during registration.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • We reserve the right to suspend or terminate accounts found to be in violation of these Terms.
  • Users may request account deletion via email or through the app.
  • Payper retains user data for up to 180 days after account deletion, subject to applicable laws.

4. PAYMENT TERMS

  • We reserve the right to introduce and modify platform fees at any time, with reasonable notice to users.
  • All fees for Services, including campaign deposits, are non-refundable, except as expressly stated.
  • Payments are processed through third-party services like Stripe Connect.
  • Taxes, if applicable, are the responsibility of the user.

5. USER TYPES AND PLATFORM FUNCTIONALITY

Payper allows the following users to sign up:

  • Creators: Users who create and submit content for brand campaigns.
  • Brands: Companies that list brand deals and manage campaigns.
  • Agencies: Entities managing multiple brands and creators.

Brands can list brand deals for which creators can apply. The different types of brand deals include:

  1. Challenge
    • Creators submit one or more videos promoting a brand's product.
    • The top-performing videos receive a portion of the prize pool.
  2. Retainer
    • Brands list a retainer deal for which creators can apply.
    • Brands select creators who must fulfill deliverables (e.g., posting 1 video per day for 30 days).
    • Payment is made only upon full completion of deliverables according to brand guidelines.
    • Payper reserves the right to withhold payment if guidelines are not met.
  3. PayperView
    • Brands pay creators based on views (e.g., $1 per 1,000 views).
    • Videos must adhere to brand guidelines to qualify for payments.

More campaign types will be introduced in the future.

6. FRAUD PREVENTION AND PENALTIES

  • Fraudulent activity, including fake views, bot usage, or deceptive practices, is strictly prohibited.
  • Users found engaging in fraud may have their accounts suspended, funds forfeited, and legal action taken.
  • Payper reserves the right to investigate suspicious activity and delay or deny payments if fraudulent behavior is detected.

7. CHARGEBACKS AND BRAND PENALTIES

  • Brands are not allowed to issue chargebacks after a campaign is completed.
  • If a brand initiates a chargeback, Payper reserves the right to suspend their account and take necessary legal action.
  • Payper reserves the right to provide information to dispute chargebacks with credit card providers.
  • Payper is not liable for covering losses due to chargebacks initiated by brands.

8. CONTENT OWNERSHIP AND LICENSING

  • Creators retain full ownership of their content.
  • Brands may only use submitted content if explicitly agreed to by the creator via the platform.
  • If brands wish to use creator content outside the platform, they must pay an additional fee unless specified at the time of listing the campaign.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

  • The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
  • We are not liable for any indirect, incidental, or consequential damages resulting from the use of the Services.

10. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from:

  • Your violation of these Terms.
  • Your use or misuse of the Services.
  • Any disputes between you and other users.

11. MARKETPLACE RISK ACKNOWLEDGMENT

  • Payper acts as a facilitator and is not responsible for the success, performance, or failure of any brand-creator collaboration.
  • Users acknowledge that they enter into transactions at their own risk.

12. TAXES AND LEGAL COMPLIANCE

  • Users are responsible for reporting and paying their own taxes related to earnings on Payper.
  • Payper may issue required tax forms (e.g., 1099-K in the U.S.) for users exceeding reporting thresholds.

13. GOVERNING LAW AND DISPUTE RESOLUTION

  • These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
  • Any disputes arising out of or relating to these Terms shall be resolved through arbitration in Newark, Delaware, unless otherwise required by law.

14. MODIFICATIONS TO THE TERMS

  • We reserve the right to modify these Terms at any time.
  • Users will be notified of changes through in-app notifications or email.
  • Continued use of the Services after modifications constitutes acceptance of the updated Terms.

15. LOCALIZATION AND ACCESSIBILITY

The Services are currently intended for use only in the United States. We do not guarantee compliance with laws outside the U.S. and reserve the right to restrict access in other regions.

16. COMPLIANCE WITH APPLE APP STORE AND GOOGLE PLAY STORE TERMS

Users must comply with the Apple Media Services Terms and Google Play Terms of Service while using the App. Both Apple and Google:

  • Are not responsible for maintenance, support, or content moderation of the App.
  • Are not liable for any claims, damages, or legal actions arising from use of the App.

By downloading and using Payper, you acknowledge that Apple and Google are third-party beneficiaries to these Terms.

17. CONTACT INFORMATION

For support or inquiries regarding these Terms, contact us at:

Email: hello@medialabs-co.com
Mailing Address: 101 E Camino Real, Boca Raton, FL 33432, USA

By using Payper, you agree to these Terms of Service. We encourage you to review these Terms regularly to stay informed of any updates.