STANDARD AGREEMENT BETWEEN USER AND CREATOR
The present Standard Agreement between User and Creator (the “Agreement”) defines the terms which regulate each transaction between a User and a Creator on the ShareSpace Platform.
2. APPLICABILITY OF THIS AGREEMENT
The present Agreement will always supersede any other terms agreed between the User and Creator, and will legally bind the User and Creator in any and each User/Creator Transaction.
The only parties to the present Agreement are the User and Creator participating in the User/Creator Transaction. Neither ShareSpace Limited nor any of its subsidiary companies is a party to the present Agreement and neither ShareSpace Limited nor any of its subsidiary companies grants any rights in respect of, nor participates in, any User/Creator Transaction.
In this Agreement, beside of what is being directly defined in the main body of the text:
a. “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;
b. “Content” means any material created, submitted, posted, displayed, transmitted, performed, published, distributed or broadcasted to ShareSpace or on the ShareSpace Platform (whether a Creator or a User), including but not limited to text, writings (such as posts, comments and hashtags), video, audio, photographs, graphics, comments, suggestions, or personal information or other material;
c. “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 on the ShareSpace Platform to be viewed by other Users;
d. “Creator’s Account” means an account through which a User has created a group and/or has passed payment provider verification;
e. “User” means a User who can join a Creator’s group, a free or a paid one, and view their content and/or purchase their services;
f. “Referring User” means a User who participates in the Referral Network Program;
g. “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;
h. “User Payment” means any and all payments made by a User to a Creator in connection with a User/Creator Transaction;
i. “ShareSpace Fee” means the fee charged to Creators in accordance with section 11(a) of the Terms and Conditions for All Users (Users and/or Creators);
j. “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;
k. “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;
5. PRICING AND PAYMENT
Every User, by entering into a User/Creator Transaction, agrees to pay the User Payment applicable to the relevant User/Creator Transaction as defined in the pricing published in the Creator's account plus any VAT (if applicable). The User and Creator participating in the User/Creator Transaction authorize the third-party payment provider (Stripe) or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the User Payment and any applicable VAT, to deduct the ShareSpace Fee along with the applicable fees of the third party payment provider (Stripe) and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the Terms and Conditions for All Users (Users and/or Creators).
6. OWNERSHIP OF CONTENT
The User taking place in the User/Creator Transaction recognises and agrees that the licence of the content in issue provided in section 7 of the present document, does not result in the User obtaining any rights in or to the content in issue. Rights shall be retained by the Creator of the relevant content.
7. LICENSE OF CONTENT
Upon the completion of the User’s Payment for a User/Creator Transaction, the Creator gives to the User a limited licence to access the said Content of that Creator to which the User/Creator Transaction relates (the “Content in Issue”). This licence is non-sublicensable, non-transferable, and non-exclusive, and allows the User to access and view the Content in Issue on the User’s personal device and via a normal web browser.
8. EXPIRY OF LICENCE
The licence given to a User regarding the Content in Issue will expire automatically without notice in the following circumstances:
a. if the User closes/deletes its ShareSpace User account;
b. if the User Payment related to the User/Creator Transaction was declined, unsuccessful, or is charged back or reversed for any reason;
c. in respect of One to One Service, upon the completion of the relevant Service;
d. in respect of Services on a Paid Basis, at the end of the period, unless the Service is configured to automatically renew as described in section 10(g) of the Terms and Conditions for All Users (Users and/or Creators);
e. if, for any reason, the User’s account is suspended or terminated;
f. if the User breaches the Terms and Conditions for All Users (Users and/or Creators) (whether in relation to the Content in Issue or at all);
g. if the Content is removed/deleted from the Creator's account;
9. CANCELLATION AND REFUNDS
As far as it concerns every User/Creator Transaction:
a. The User recognises that the User/Creator Transaction will result in a supply of the Content in Issue to the User before the end of the period of 14 days from the date the User/Creator Transaction takes place, and the User consents to this and confirms to the Creator that the User understands that any statutory right to cancel the User/Creator Transaction which the User has under the relevant applicable law will therefore be lost.
b. The present Agreement does not affect in any way the User’s statutory right to claim and/or receive a refund from the Creator, where such right exists under the relevant applicable law.
10. OBLIGATIONS BETWEEN CREATOR AND USER
As far as it concerns every User/Creator Transaction:
a. The User and the Creator who participating into the User/Creator Transaction agree to be bound, at all times, by the Terms and Conditions for All Users (Users and/or Creators) in relation to the Content in Issue, including the viewing, accessing and interacting with the Content in Issue.
b. The User who participates in the User/Creator Transaction agrees to proceed with the User Payment required to gain access, interact or view with the Content in Issue, and agrees not to initiate a chargeback except if the User disputes the User/Creator Transaction in good faith.
c. The Creator who participates in the User/Creator Transaction agrees to make the Content in Issue available to the User once the User has proceeded with the User Payment applicable to the Content in Issue.
d. Unless there has been negligence or other breach of duty by the Creator, the accessing by the User of the Creator's Content is entirely at the User’s own risk.
e. The Creator warrants that it possesses all necessary rights in and to the Content in Issue sufficient to licence it to the User in the territory in which the User will be accessing the Content in Issue, and has obtained any and all permissions and consents needed to grant the licence in section 7 of the present Agreement.
f. The Creator is solely responsible for creating and uploading the Content in Issue. The Creator provides no guarantees that it will continue to create and upload Content in Issue on an ongoing basis.
11. NO GUARANTEES
The User who participates in the User/Creator Transaction recognizes that Creators may add and/or remove Content at any time from their Creator account, at their sole discretion, and that Creators will be deciding what sort of Content to make available on their account. Additionally, the User who participates in the User/Creator Transaction recognizes that there may be instances where it is not possible for the User to access the Content in Issue, including the below:
a. if the Creator's account is suspended or deleted;
b. if the User’s account is suspended or deleted;
c. if the availability of all or any part of ShareSpace Platform site is suspended or inaccessible; or
d. if the Creator is unable to create or upload Content in Issue in the future.
12. GOVERNING LAW AND JURISDICTION
The present 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 laws 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.
This document was last updated on 31/5/2022