Terms and Conditions
ShareSpace Platform

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the Share.Space mobile application (for Android version 5.0 and above, Android beta 4.1 and iOS version 13.0 and above), ("Mobile Application" or "ShareSpace App"), the ShareSpace website hosted at https://sharespace.health, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “ShareSpace Platform”) which is operated by ShareSpace Limited. This Agreement is legally binding between you ("User", “Creator”, "you" or "your") and ShareSpace Limited ("ShareSpace", "we", "us" or "our"). This Agreement applies to any part of the ShareSpace Platform, its functionality, content provided to you free of charge and/or on a paid basis, for information purposes only. By accessing and using the ShareSpace Platform, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", “Creator”, "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the ShareSpace Platform. You acknowledge that this Agreement is a contract between you and ShareSpace, even though it is electronic and is not physically signed by you, and it governs your use of the ShareSpace Platform. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the ShareSpace Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the ShareSpace Platform after the date such revised Terms are posted.

The information provided on the ShareSpace Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the ShareSpace Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


CONTENTS


1. INTERPRETATION

2. ABOUT US 3

3. ACCOUNTS AND MEMBERSHIP 4

4. SET UP YOUR ACCOUNT AS A CREATOR’S ACCOUNT 5

5. DELETION OF ACCOUNT AND/OR GROUPS 5

6. OUR RIGHTS, INCLUDING SUSPENSION AND TERMINATION OF YOUR ACCOUNT 6

7. USER/CREATOR CONTENT 6

8. LICENSE OF YOUR CONTENT 8

9. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS 8

10. PURCHASES BY USERS 9

11. CREATORS SECTION 10

12. MOBILE APPLICATION LICENSE 12

a. Use License 12

b. Apple and Android Devices 12

13. LINKS TO OTHER RESOURCES 14

14. PROHIBITED USES 14

15. YOUR PRIVACY AND PERSONAL INFORMATION 14

16. BACKUPS 14

17. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SHARESPACE PLATFORM 14

18. LIMITATION OF LIABILITY 15

19. EVENTS BEYOND OUR CONTROL 16

20. RIGHTS OF THIRD PARTIES 16

21. SEVERABILITY 16

22. CHANGES AND AMENDMENTS 16

23. ACCEPTANCE OF THESE TERMS 16

24. TAX COMPLIANCE AND VAT 16

25. GOVERNING LAW AND JURISDICTION 17

26. CONTACTING US 17



1. INTERPRETATION


In this Terms and Conditions, beside of what is being directly defined in the main body of the text:

  1. “Agreement” means the legally binding agreement between you and us which consists of (i) these Terms and Conditions which refers to Users and to Creators (all Users); (ii) Privacy Policy available here; (iii) Referral Network Program Terms available here; (iv) Complaints Policy available here;
  2. “Mobile Application or ShareSpace App” means the Share.Space mobile application;
  3. “ShareSpace Platform” means the ShareSpace App, the ShareSpace website hosted at https://sharespace.health, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto which is operated by ShareSpace Limited;
  4. “ShareSpace”, “we”, “us” or “our” means ShareSpace Limited;
  5. “Content” means any material created, submitted, posted, displayed, transmitted, performed, published, distributed or broadcasted to ShareSpace or on the ShareSpace Platform, including but not limited to text, writings (including comments and hashtags), video, audio, photographs, graphics, comments, suggestions, or personal information or other material;
  6. “Services on a Paid Basis/Paid Basis Services” means a User’s regular payments to a Creator’s account for the enjoyment of the Creator’s content;
  7. “App Distributor” means either the Apple Store or Google Play;
  8. “Creator” means a User who has registered and created its account within ShareSpace Platform as a Creator account to create, post and share powerful and inspiring content in ShareSpace Platform to be viewed by other Users;
  9. “Creator’s Account” means an account through which a User has created a group and/or has passed payment provider verification;
  10. “User” means a User who can join a Creator’s group, a free or a paid one, and view their inspiring content and/or purchase their one to one services;
  11. “User/Creator Transaction” means any transaction between a User and a Creator on ShareSpace Platform by which a User can join a paid group of a Creator on a paid basis and/or purchase one to one services offered by a Creator;
  12. “One to One Services” means the services offered by a Creator free or on a paid basis such as the creation of private groups with one User and/or communication with a User via the messenger feature of the ShareSpace Platform;
  13. “User Payment” means any and all payments made by a User to a Creator in connection with a User/Creator Transaction;
  14. “Referring User” means a User who participates in the Referral Network Program;
  15. “Standard Agreement between User and Creator” means the terms and conditions which govern each User/Creator Transaction, available here;
  16. “All Users” means any user, whether a Creator or a User or both.

2. ABOUT US


We are ShareSpace Limited, a company registered in the Republic of Cyprus under company registration number HE 415811. Our registered office is at N.I. Nikolaide Ave & Koroivou, Penelope Palace, Flat/Office 101, 8010, Paphos, Cyprus.

ShareSpace is an online communication platform for all people to share and discuss what they are going through in life. Our mission is to give people opportunities to open up, support and uplift each other. We want to make the world a better place by thriving on compassion, mutual understanding, and respect.


3. ACCOUNTS AND MEMBERSHIP


Use of the ShareSpace Platform may require registration, particularly in order to access restricted areas of the ShareSpace Platform. We are not obliged to permit anyone to register with the ShareSpace Platform and we may refuse, terminate or suspend registration to anyone at any time according to the present terms and conditions.

For registration purposes, to create an account on ShareSpace Platform, you must sign up by providing a nickname, a valid email address and a password or authenticate using a valid Facebook, Apple or Google account. You must be at least 16 years of age to use the ShareSpace Platform. By using the ShareSpace Platform and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.

If you create an account in the ShareSpace Platform, you are responsible for making sure that your password and any other account details are kept safe and confidential and for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the ShareSpace Platform. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security at [email protected] We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Any personal information you provide to us will be processed in accordance with our Privacy Policy available here.

Within your account as a User/Creator you can (non-exhaustive list):


  1. Create a personal avatar or upload a picture to set as a personal profile picture;
  2. Block or report other Users/Creators by giving a reason for doing so;
  3. Edit or delete your profile;
  4. Verify or change your email or password;
  5. Manage the privacy of your profile (i.e. audience);
  6. Create/publish/edit/delete post from your feed;
  7. Interact with the post of other in groups (i.e. support by like a post, write a comment, save/share/report a post, tag a User/Creator);
  8. Upload Content;
  9. Communicate for free with other Users/Creators and/or on a paid basis with a Creator according to the Creator’s billing settings, via the messenger feature;
  10. Send/accept/deny friend requests;
  11. Join groups (open groups, free groups, close groups, paid groups);
  12. Purchase One to One services provided by Creators;
  13. Set moderators to your groups, if you wish so;
  14. Add/manage credit card details/payment details of your account;
  15. As a Creator, add/manage payment requirements;
  16. As a Creator, build an in app referral network according to the Referral Network Terms Program available here.

4. SET UP YOUR ACCOUNT AS A CREATOR’S ACCOUNT


To set up your account as a Creator’s account:

  1. You will need to verify your email address within the ShareSpace App.
  2. You will need to pass Stripe Verification (our “third-party payment provider”) in order to transfer a free group to a paid group. During the Stripe Verification procedure you will be requested to add bank account details in order to be able to start receiving payouts of your Creator Earnings and also to choose the currency in which you prefer to start receiving your payouts.
  3. You will need on your User account page to upload a valid form of ID and two or four photos of you in accordance with the requirements set out here.
  4. You might also choose to upload a valid form of a diploma and/or professional license, in case you want to apply and receive ‘app verified status’ or any advanced title position according to your professional expertise, i.e. creator/psychologist etc.
  5. You will need on your User account page to add details of your bank card.
  6. You may also need to submit additional information depending on the country where you live.
  7. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
  8. Once you have set up your account as a Creator account, then if you want to charge your Users a monthly payment fee you will need to set your payment prices for your Users, in each separate group and/or for one-to-one services.
  9. You will then be able to start adding Content and Users will be able to purchase a period of access to your account to benefit from your inspiring content. You will also be able to invite users through promocodes and/or to provide them with a free trial period.
  10. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.

5. DELETION OF ACCOUNT AND/OR GROUPS


You have the right to delete your account or any group you created into the ShareSpace Platform at any time. In case you wish to delete your account, then you may do so in the “Account” section.

  1. As a User, your account will be deleted within a reasonable time following your request.
  2. As a Creator, once you proceed with the deletion of your account, your account will remain open until the last day of your audience/User’s paid period. Your account will be deleted once you receive your final payment.
  3. Once your account has been deleted, you will not be charged any further amounts or have access to your former ShareSpace Platform account or its Content and any Services on a Paid Basis will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner, in accordance with our Privacy Policy available here (including but not limited to deleting it) and you will no longer have access to your Content.
  4. As a Creator, once you proceed with the deletion of one of your paid groups, the group will remain open until the last day of your audience/User’s paid period. The group will be deleted once you will receive your final payment.

6. OUR RIGHTS, INCLUDING SUSPENSION AND TERMINATION OF YOUR ACCOUNT


  1. We may suspend, disable, or delete your account (or any part thereof) and/or terminate your Agreement with us and your access to ShareSpace Platform, for any reason by giving you 10 days’ notice by email or electronic message to your account. We may also, suspend disable, or delete your account (or any part thereof) and/or terminate you Agreement with us and your access to ShareSpace Platform, without prior notice if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
  2. In case we suspend access to your account or terminate your Agreement with us and your access to ShareSpace Platform we will let you know. During any period when access to your account is suspended, any User Payments which would otherwise have fallen due, will be suspended, and ShareSpace may withhold all or any part of the Creator Earning due to you, but not yet paid out, in accordance with section 11(c) of the present.
  3. Upon deletion of your account, we may deal with your Content in any appropriate manner, in accordance with our Privacy Policy available here (including but not limited to deleting it) and you will no longer have access to your Content.
  4. We can change the third-party payment providers used to process your payments on ShareSpace Platform and in case we do so, we will notify you and take all appropriate steps to update your account.

7 . USER/CREATOR CONTENT


The ShareSpace Platform may invite you to post or contribute to articles and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the ShareSpace Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Content"). Your Content may be viewable by other users of the ShareSpace Platform and through third-party websites. As such, any Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Content, you thereby represent and warrant that:


  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the ShareSpace Platform, and other users of the ShareSpace Platform to use your Content in any manner contemplated by the ShareSpace Platform and these Terms and Conditions.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the ShareSpace Platform and these Terms and Conditions.
  4. your Content is not false, inaccurate, or misleading.
  5. your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Content does not violate any applicable law, regulation, or rule.
  10. your Content does not violate the privacy or publicity rights of any third party.
  11. your Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Content does not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Content does not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

If your Content is in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the ShareSpace Platform.

You agree that you will be liable to us and indemnify us if any of the representations / warranties mentioned above is untrue. This means that you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the representations / warranties being untrue.

Further to the above, we note that, we do not own any Content that you submit in the course of using the ShareSpace Platform. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content submitted or created using our ShareSpace Platform by you. You hereby grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your User/Creator account, solely as required for the purpose of providing the ShareSpace Platform to you. Without limiting any of those representations or warranties, we shall have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically not permitted by you, your use of the ShareSpace Platform grants us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your User/Creator account for commercial, marketing or any similar purpose.


8. LICENSE OF YOUR CONTENT


By posting your Content to any part of the ShareSpace Platform you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Content, and you warrant that moral rights have not otherwise been asserted in your Content.

We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We are not liable for any statements or representations in your Content provided by you in any area on the ShareSpace Platform. You are solely responsible for your Content to the ShareSpace Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.

We have the right, in our sole and absolute discretion, by always taking all the necessary steps to protect the confidentiality and the identity of the authors (where applicable), (1) to edit, redact, or otherwise change any Content; (2) to re-categorize any Content to place them in more appropriate locations on the ShareSpace Platform; and (3) to pre-screen or delete any Content at any time and for any reason, without notice. We may, but have no obligation to, monitor and review the Content submitted or created using our ShareSpace Platform by you.


9. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS


The intellectual property rights in the ShareSpace Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from our ShareSpace Platform are owned by us and our licensors (except your Content).

We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

Nothing in this Agreement grants you any legal rights in the ShareSpace Platform other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the ShareSpace Platform (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the ShareSpace Platform.


10. PURCHASES BY USERS


This section applies and describes the terms regarding User/Creator Transactions:

  1. All User/Creator Transactions are contracts between Users and Creators on the terms of the Standard Agreement between User and Creator. Although ShareSpace facilitates User/Creator Transactions by providing the ShareSpace Platform and storing Content, but ShareSpace is not a party to the Standard Agreement between User and Creator or any other contract which may exist between a User and Creator, and is not responsible for any User/Creator Transactions.
  2. Creators are solely responsible for determining the pricing applicable to User/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.
  3. User Payments are exclusive of VAT.
  4. To be able to enter into a User/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the 'Purchase' button on the relevant Creator's profile. Whereas, if the User clicks on the ‘Purchase’ button without having first added a payment card to its account, it will be asked to do so in order to be eligible to purchase a relevant service from a Creator’s profile.
  5. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider (Stripe) for the purpose of processing your User Payment. All User Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
  6. The payment provider will take (i) periodic payments from your payment card for User Payments which are for Services on a Paid Basis; and (ii) immediate payments from your payment card for User Payments purchases of One to One services. You authorize and consent to each of these payments being debited using your supplied payment card details.
  7. Apart from free-trials(if applicable), all Services on a Paid Basis (other than the one to one services) to a Creator's profile will automatically renew at the end of the relevant end period, except if your payment card is declined or if the payment price for the Paid Basis Service has increased. This means that if you want to stop paying for a Services on a Paid Basis to a Creator's profile and cancel your continuing monthly charges, you will need to unfollow the group or delete your card details.
  8. If you cancel a Paid Basis Service you will continue to be permitted to view the relevant Creator's Content until the end of the paid period, after which no further payments will be taken from your payment card in respect of Paid Basis Services to that Creator's profile (unless you choose to pay for a new Paid Basis Service to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
  9. You agree that you will not make unjustified requests for a refund in respect of any User/Creator Transaction, or unjustified chargeback requests of your payment card provider in relation to any User/Creator Transaction. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
  10. ShareSpace Credits: You can prepay an amount on ShareSpace Platform (the “ShareSpace Credits”) which can be later used to make User Payments. Purchases on ShareSpace Platform cannot be divided - if you attempt to proceed with a purchase that costs more than the total amount of your remaining ShareSpace Credits, your payment card will be charged the full amount for that purchase/or the remaining balance for the attempted purchase. ShareSpace Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on ShareSpace Credits. ShareSpace Credits are non-refundable, which means that you are not entitled to a refund of any unused ShareSpace Credits.
  11. As a Creator, when you receive confirmation from ShareSpace Platform and Stripe via email, that the User/Creator Transaction has been confirmed, then you must perform your part of such User/Creator Transaction (for example, by allowing the User to view your Content on you Creator account and/or providing the One to One service purchased by the User. You agree that you indemnify ShareSpace for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of your failure to comply with this obligation).

11. CREATORS SECTION


a. Fees Charged

ShareSpace charges you a fee of thirty per cent (30%) on all User Payments made to you (exclusive of any VAT if applicable) (“ShareSpace Fee”). The remaining seventy per cent (70%) of the User Payment (exclusive of any VAT if applicable) is payable to you (“Creator Earnings”). The Creator Earnings is being paid out from the payment price of your Paid Basis Services as set by you/the Creator. ShareSpace Fee includes the costs of providing, maintaining and operating ShareSpace Platform and storing your Content. ShareSpace Fee is deducted from the User Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below. Our third-party payment provider’s fee/commission (Stripe’s fee/commission), is being paid out as mentioned below.


The Stripe commission/fee includes and is being paid out as follows:


i. Fixed Stripe commission of $0.30 cents on top of your set payment price of your Paid Basis Services, which is being covered by the User; and

ii. Non-fixed Stripe fee of 2.9%, which is being covered by ShareSpace.


For further information on the exact amounts that you will be receiving as Creator Earnings, click here.


b. Payouts to Creators


i. All User Payments will be received by a third-party payment provider approved by us (Stripe).

ii. Stripe will collect the User Payment and pay the Creator Earnings to your bank account.

iii. Your ShareSpace account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your ShareSpace account once such Creator Earnings appear in your ShareSpace account.

iv. To make a withdrawal of Creator Earnings from your ShareSpace account, you must have at least the minimum payout amount in your ShareSpace account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.

v. The amount that you see in your ‘current balance’ in your ShareSpace account is your Creator Earnings at the relevant time. All User Payments and Creator Earnings are transacted in USD only. The User Payments and Creator Earnings figures will be reflected in the currency chosen by you at the Stripe Verification Procedure, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.

vi. If a User successfully seeks a refund or chargeback from their credit card provider in respect of a User Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.

vii. We do not store any data disclosed by you when you register your Payout Options with a third-party payment provider (Stripe).


c. Withhold Creator’s Earnings


a. We may withhold all or any part of the Creator Earnings due to you, but not yet paid out:


i. if we think that you have or may have seriously or repeatedly breached any part of this Agreement;

ii. if you attempt or threaten to breach any part of this Agreement in a way which we think has or could have serious consequences for us or another User/Creator (including actual or possible loss caused to us or another User/Creator); or

iii. if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the User who made the User Payment resulting in the Creator Earnings,

for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of this Agreement; (ii) you have attempted or threatened to breach any part of this Agreement in a way which has or could have serious consequences for us or another User/Creator (including actual or possible loss caused to us or another User/Creator), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.


b. We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.


c. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under this Agreement.


d. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of this Agreement or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of this Agreement or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of this Agreement has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.


e. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any User Payments which resulted in forfeited Creator Earnings are returned to the relevant User who paid such User Payments.


d. Personal legal responsibility


Every Creator is bound personally by this Agreement. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with this Agreement.


If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the ShareSpace Platform.


12. MOBILE APPLICATION LICENSE


1. Use License

If you access the ShareSpace Platform via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in this Agreement. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.


2. Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the ShareSpace Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in this Agreement or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary there of.


13. LINKS TO OTHER RESOURCES


Although the ShareSpace Platform may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the ShareSpace Platform. Your linking to any other off-site resources is at your own risk.


14. PROHIBITED USES


In addition to other terms as set forth in this Agreement, you are prohibited from using the ShareSpace Platform or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the ShareSpace Platform, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the ShareSpace Platform, third party products and services, or the Internet. We reserve the right to terminate your use of the ShareSpace Platform for violating any of the prohibited uses.


15. YOUR PRIVACY AND PERSONAL INFORMATION


Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and the supervisory authorities in the event you have a query or complaint about the use of your personal information.


16. BACKUPS


We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of any hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.


17. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SHARESPACE PLATFORM


We try to make sure that the ShareSpace Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the ShareSpace Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the ShareSpace Platform is made at your own risk.

We may suspend or terminate access or operation of the ShareSpace Platform at any time as we see fit.

Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our ShareSpace Platform and its Content.

While we try to make sure that the ShareSpace Platform is available for your use, we do not promise that the ShareSpace Platform will be available at all times or that your use of the ShareSpace Platform will be uninterrupted.


18. LIMITATION OF LIABILITY


Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), in no event will ShareSpace, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

We are also not responsible for and/or we state that:

  1. In case you are not revealing your identity to your audience, your Content may be viewed by individuals who might recognize your identity. We will not in any way be responsible to you if you are identified from your Content.
  2. As already mentioned in section 7 above, all content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content and we do not select or modify the Content that is available in ShareSpace Platform.
  3. You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User/Creator and that if you choose to do so, you do so entirely at your own risk.
  4. ShareSpace does not guarantee or promise that Creators or Referring Users will gain and/or make a particular sum of money or any money, from their use of the ShareSpace Platform.
  5. ShareSpace does not guarantee or promise that ShareSpace Platform is compatible with all devised and operating systems. You are responsible for configuring your information technology, device and computer programs to access ShareSpace Platform. You also need to use your own anti-virus software.
  6. ShareSpace is not responsible for the availability of the internet, or any errors in your connections, device or other equipment or software that may occur while accessing/using ShareSpace Platform.
  7. ShareSpace is not responsible for any lost or stolen User/Creator accounts, passwords, email accounts or any resulting unauthorized activities or unauthorized payments or withdrawals of funds.
  8. You recognize that once your Content is posted on ShareSpace Platform, ShareSpace cannot control and will not be responsible to you for the use which other Users/Creators or third parties will make of your Content. You have the right to delete your account at any time, but you understand that deleting your account will not prevent the circulation of any of your Content which may have been recorded by other Users/Creators in breach of this Agreement or by third parties prior to the deletion of your account.

19. EVENTS BEYOND OUR CONTROL


We are not liable to you if we fail to comply with this Agreement because of circumstances beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.


20. RIGHTS OF THIRD PARTIES


No one other than a party to this Agreement has any right to enforce any part of this Agreement.


21. SEVERABILITY


All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.


22. CHANGES AND AMENDMENTS


We reserve the right to modify this Agreement or its terms relating to the ShareSpace Platform at any time, effective upon posting of an updated version of this Agreement in the ShareSpace Platform. When we do, we will post a notification in the ShareSpace Platform. Continued use of the ShareSpace Platform after any such changes shall constitute your consent to such changes.


23. ACCEPTANCE OF THESE TERMS


You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the ShareSpace Platform you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the ShareSpace Platform.


24. TAX COMPLIANCE AND VAT


  1. We recommend that you, as a Creator, seek professional advice to ensure that you are compliant with your local Tax and VAT rules, based on your individual circumstances.
  2. By using ShareSpace Platform as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of ShareSpace Platform to the relevant Tax authority in your jurisdiction, as required by law.
  3. By using ShareSpace Platform as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an ShareSpace Platform account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
  • notify us by email to [email protected] in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
  • promptly provide us by email to [email protected] with:
  • details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
  • such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.

4. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on ShareSpace or by [email protected] in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.

5. We reserve the right to close your ShareSpace account if we are notified of or become aware of any Tax non-compliance by you.


25. GOVERNING LAW AND JURISDICTION


This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of the Republic of Cyprus.

Each party irrevocably agrees that the courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.


26. CONTACTING US


If you would like to contact us to understand more about this Agreement or wish to contact us concerning any other matter relating to it, you may send an email to [email protected]


This document was last updated on 14/6/2022