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PAYPER TERMS OF SERVICE

Last Updated: April 26, 2025

1. INTRODUCTION AND ACCEPTANCE

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

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

IMPORTANT NOTICE: These Terms contain an arbitration provision that requires disputes to be arbitrated on an individual basis and prohibits class actions. Please review Section 18 carefully.

2. ELIGIBILITY

You must be at least 13 years old to use the Services. If you are under 18 years old, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and use of the Services comply with all applicable laws and regulations.

3. ACCOUNTS AND REGISTRATION

3.1 Account Creation

To access most features of the Services, you must register for an account. When registering, you must provide accurate, current, and complete information. You agree to maintain and promptly update your information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Payper of any unauthorized use of your account or any other breach of security. Payper will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Ownership

You acknowledge that the individual or entity that creates and controls the account is considered by Payper to be the owner of all revenue associated with that account. Only the account owner may request modifications to the account or associated payment methods.

3.4 Account Verification Requirements

To access payment services provided as part of the Services, you must complete all required identity verification and compliance checks with our third-party payment service provider ("PSP"), including processes required by Stripe to facilitate access to funds. You agree to provide accurate and up-to-date information as requested by the PSP or by Payper.

3.5 Account Termination

Payper reserves the right to suspend or terminate your account at any time for any reason without notice. You may terminate your account by contacting us at hello@getpayper.app. Upon termination, Payper may retain user data for up to 180 days after account deletion, subject to applicable laws.

4. SERVICES OVERVIEW

Payper provides a platform that connects Creators with Brands for various marketing campaigns. The Services include:

4.1 User Types

  • 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.

All user types must follow FTC guidelines as set forth in https://getpayper.app/legal/ftc and required by law. This includes Creators when creating content and Brands & Agencies when listing campaigns on the Payper Platform.

4.2 Campaign Types

Payper facilitates the following types of campaigns:

4.2.1 Challenge Campaigns

  • Creators submit videos promoting a Brand's product.
  • Top-performing videos receive a portion of the prize pool based on predetermined criteria.
  • Brands set the total campaign budget and payout distribution.

4.2.2 Retainer Campaigns

  • Brands list a retainer deal for which Creators can apply.
  • Brands select Creators who must fulfill specific deliverables.
  • Payment is made only upon full completion of deliverables according to Brand guidelines.

4.2.3 Payper View Campaigns

  • Brands pay Creators based on views (e.g., $X per 1,000 views).
  • Videos must adhere to Brand guidelines to qualify for payments.
  • Total campaign budget is set by the Brand.

Payper may introduce additional campaign types in the future, which will be subject to these Terms.

5. PAYMENT TERMS

5.1 General Payment Terms

Certain features of the Services, including participation in campaigns, may involve financial transactions. All payments are processed through our PSP (e.g., Stripe).

5.2 Brand Payments

Brands must deposit funds into their Payper account via the PSP before launching a campaign. The deposit must cover the total campaign budget plus any applicable fees. These funds will be held by the PSP until disbursed to Creators upon successful completion of campaign requirements.

5.3 Creator Payments

Creators will receive payment through the PSP upon successful completion of campaign requirements and approval by the Brand or Payper. Payments will be subject to the specific terms of each campaign type as described in Section 4.2.

5.4 Fees

Payper charges fees for use of the Services, which may include:

  • Platform fees charged to Brands for campaign creation and management
  • Processing fees charged by the PSP
  • Other fees as specified at the time of transaction

Payper reserves the right to introduce and modify fees at any time, with reasonable notice to users.

5.5 Taxes

Users are responsible for all taxes applicable to their use of the Services, including sales tax, income tax, or any other tax obligations. Payper may be required to collect and remit certain taxes depending on applicable laws. Payper may provide tax documentation (e.g., 1099 forms) as required by law.

5.6 Payment Disputes

Any payment disputes must be submitted to Payper within 30 days of the transaction date. Payper will review disputes on a case-by-case basis and make a determination in its sole discretion.

5.7 No Financial Services

Payper is not a bank, financial institution, or money transmitter. All payment processing and fund transfers are handled by the PSP, not by Payper. Funds deposited by Brands are held by the PSP, not by Payper.

6. PAYPER BALANCE

6.1 Payper Balance Overview

When Brands deposit funds for campaigns, these funds are held by the PSP and reflected as a "Payper Balance" in the Brand's account. The Payper Balance represents funds held by the PSP that are available for campaign payouts.

6.2 Nature of Payper Balance

The Payper Balance is not a deposit account, stored value account, or any type of financial account with Payper. Payper does not hold, control, or possess any funds. All funds are held by the PSP subject to the PSP's terms and conditions.

6.3 Use of Payper Balance

Brands may use their Payper Balance to fund campaigns on the platform. Brands may request a withdrawal of unused funds from their Payper Balance at any time, subject to processing times and any applicable fees charged by the PSP.

6.4 No Interest

No interest will accrue or be paid on funds held in a Payper Balance.

7. CAMPAIGN RULES AND REQUIREMENTS

7.1 Campaign Creation

Brands are responsible for creating campaigns with clear guidelines, requirements, and terms. All campaign materials must comply with these Terms and applicable laws.

7.2 Campaign Participation

Creators who participate in campaigns must comply with all campaign guidelines and requirements. Failure to comply may result in rejection of submissions and forfeiture of payment.

7.3 Content Guidelines

All content submitted through the Services must:

  • Be original or properly licensed
  • Not infringe on any third-party rights
  • Not contain illegal, offensive, or harmful material
  • Comply with all applicable laws and regulations
  • Adhere to specific campaign guidelines provided by the Brand

7.4 Submission Approval

Payper, Brands, or campaign administrators may deny submissions for:

  • Non-compliance with campaign guidelines
  • Suspected use of bots or artificial engagement
  • Fraudulent activity
  • Violation of these Terms or applicable laws
  • Any other reasonable basis

7.5 Apple Non-Sponsorship

For any contests or challenges conducted through the Services, Creators must include a clear statement that Apple is not a sponsor of the contest or challenge.

8. INTELLECTUAL PROPERTY

8.1 Payper Intellectual Property

The Services, including all content, features, and functionality, are owned by Payper or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without prior written consent from Payper.

8.2 Limited License

Subject to your compliance with these Terms, Payper grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes.

8.3 Creator Content Ownership

Creators retain ownership of content they create and submit through the Services. By submitting content, Creators grant Payper a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the content for the purpose of operating and promoting the Services.

8.4 Brand Usage Rights

Brands may only use Creator content as explicitly agreed upon in the campaign terms. Any use beyond the scope of the campaign requires separate agreement with the Creator.

9. USER CONDUCT

9.1 Prohibited Activities

You agree not to:

  • Use the Services for any illegal purpose
  • Impersonate any person or entity
  • Use bots, scripts, or automated means to manipulate engagement metrics
  • Interfere with the operation of the Services
  • Upload viruses or other malicious code
  • Attempt to gain unauthorized access to the Services
  • Harass, abuse, or harm other users
  • Post false, misleading, or deceptive content
  • Violate any applicable laws or regulations

9.2 Fraud Prevention

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 face potential legal action.

9.3 Monitoring and Enforcement

Payper reserves the right to monitor the Services for compliance with these Terms and to take appropriate action against users who violate these Terms, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

10. CHARGEBACKS AND REFUNDS

10.1 Brand Chargebacks

Brands are prohibited from initiating chargebacks for completed campaigns. If a Brand initiates a chargeback, Payper reserves the right to:

  • Suspend or terminate the Brand's account
  • Take legal action to recover funds
  • Provide information to dispute the chargeback with payment providers
  • Charge the Brand for any fees or penalties associated with the chargeback

10.2 Refunds

All fees paid to Payper are non-refundable unless expressly stated otherwise. Campaign deposits may be refundable at Payper's discretion if a campaign has not yet begun or if no Creators have been selected.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PAYPER DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11.2 Campaign Success Disclaimer

PAYPER DOES NOT GUARANTEE THE SUCCESS OF ANY CAMPAIGN OR THE QUALITY OF ANY CREATOR SUBMISSIONS. PAYPER IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF ANY USERS.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

PAYPER'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PAYPER IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Payper and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your use of the Services
  • Your content submitted to the Services
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations

13. THIRD-PARTY SERVICES

13.1 Third-Party Links

The Services may contain links to third-party websites or services that are not owned or controlled by Payper. Payper has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

13.2 Third-Party Integrations

The Services may integrate with third-party services, such as social media platforms or payment processors. Your use of such integrations is subject to the terms and policies of those third parties.

14. PRIVACY

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you. By using the Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

15. MODIFICATIONS TO THE TERMS

Payper reserves the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services or by other means. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

16. TERM AND TERMINATION

16.1 Term

These Terms will remain in effect until terminated by you or Payper.

16.2 Termination by You

You may terminate these Terms by closing your account and ceasing all use of the Services.

16.3 Termination by Payper

Payper may terminate or suspend your access to the Services at any time, for any reason, without notice or liability.

16.4 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease
  • You will lose access to your account and all associated content
  • Any outstanding payment obligations will remain in effect
  • Sections 8, 11, 12, 16.4, 17, 18, and 19 will survive termination

16.5 Disposition of Account Balances upon Termination

If your account is terminated:

  • Payper may offset any amounts you owe to Payper or the PSP
  • Payper may refund amounts to Brands for undelivered services
  • Any remaining funds held by the PSP will be handled according to the PSP's policies
  • If termination is due to fraud or illegal activity, Payper or the PSP may withhold funds as required by law

17. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

18. DISPUTE RESOLUTION AND ARBITRATION

18.1 Agreement to Arbitrate

You and Payper agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration on an individual basis in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Newark, Delaware.

18.2 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court for matters related to intellectual property rights, unauthorized access, or violation of computer fraud and abuse laws.

18.3 Class Action Waiver

YOU AND PAYPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18.4 Opt-Out

You may opt out of this arbitration agreement by notifying Payper in writing within 30 days of the date you first agree to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

19. MISCELLANEOUS

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Payper regarding the Services.

19.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

19.3 No Waiver

Payper's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without Payper's prior written consent. Payper may assign its rights and obligations under these Terms without your consent.

19.5 Force Majeure

Payper will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or internet service provider failures.

19.6 Contact Information

If you have any questions about these Terms, please contact us at:

Email: hello@getpayper.app

Mailing Address: 101 E Camino Real, Boca Raton, FL 33432, USA

19.7 Apple App Store Additional Terms

  • These Terms are between you and Payper only, not with Apple.
  • Apple has no obligation to provide maintenance or support services for the App.
  • Apple is not responsible for addressing any claims related to the App.
  • Apple is a third-party beneficiary of these Terms.
  • By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.