CREATOR PAYMENT MERCHANT AGREEMENT

 

DEFINITIONS

In this Agreement, the following terms shall have the meanings set forth below:

1.1. Creator: Refers to the party generating content and utilizing the ThaVibes platform to receive donations via the “Support” button feature.

1.2. Supporters/Users: Refers to individuals making donations to creators through the ThaVibes platform while engaging with content.

1.3. ThaVibes: Refers to the online platform providing services that facilitate donations through the “Support” button, enabling financial contributions to creators.

SERVICES PROVIDED

ThaVibes agrees to provide the Creator with access to its platform’s “Support” button feature, facilitating the collection of donations from Supporters while they engage with the Creator’s content on the platform.

CREATOR OBLIGATIONS

3.1. The Creator agrees to provide accurate and complete information regarding their identity and adhere to ThaVibes policies and guidelines.

3.2. The Creator acknowledges that all donations are final and the service is deemed fulfilled once the correct donation amount is received.

FEES AND PAYMENT

4.1. The Creator agrees to a service fee of 10% on all donations processed through the “Support” button, represented in the currency of United States Dollars. 

4.2. Additional fees, including transaction fees, bank service fees and any other applicable charges from financial systems such as banks or credit card providers, apply.

4.3. ThaVibes will process payouts to creators every thirty(30) business days. Payments may take five(5)-ten(10) business days after a payment request is submitted to fully process. Release of funds is contingent on compliance with ThaVibes terms and conditions. Creators are eligible to request payments after accumulating at least ($150) one-hundred and fifty United States Dollars in donations.

4.4. In the event of a Creator being found in violation of identity policies or involved in fraudulent activities, ThaVibes reserves the right to withhold payout, refunding the users who made the donations.

4.5. ThaVibes reserves the right to refuse payouts to Creators found in violation of the platform’s terms and conditions or relevant laws, as determined by ThaVibes legal counsel.

CANCELLATIONS AND REFUNDS

Mandatory Refunds: Notwithstanding the foregoing, the Creator authorizes ThaVibes to make refunds in the following situations:

  • At the Creator’s specific authorization.
  • If the description presented is significantly different from the content.
  • If safety concerns arise due to the Creator’s failure to provide a safe online environment.
  • If ThaVibes believes refunds are warranted under the Creator’s or platform’s posted policies or as required by applicable laws.
  • If a chargeback is expected that ThaVibes is likely to lose.
  • If a refund is deemed reasonable or compulsory due to the creator breaking the law.
  • If the transaction is considered fraudulent or a duplicate.

Refund Disputes: All disputes regarding refunds are between the Creator and their Supporters. ThaVibes may engage in mediation but is not obliged to do so.

INTELLECTUAL PROPERTY

6.1. ThaVibes grants the Creator a limited, non-exclusive, non-transferable licence to use its platform and intellectual property solely for the purposes set forth in this Agreement. The Creator grants ThaVibes  a limited, non-exclusive, non-transferable licence to use their content in promotional activities and/or commercial activities for ThaVibes.

6.2. The Creator agrees not to use ThaVibes intellectual property for any other purpose without ThaVibes prior written consent.

CONFIDENTIALITY

7.1. Both parties agree to keep all confidential information obtained during the term of this Agreement confidential and not to disclose it to any third parties without prior written consent.

7.2. This obligation of confidentiality will continue after the termination of this Agreement.

TERMINATION

8.1. Either party may terminate this Agreement with thirty (30) days written notice to the other party.

8.2. ThaVibes may terminate this Agreement immediately if the Creator breaches any material terms or engages in unlawful conduct.

8.3. Upon termination, the Creator must cease using the ThaVibes platform and return any ThaVibes intellectual property.

LIMITATION OF LIABILITY

9.1. ThaVibes will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.

9.2. ThaVibes liability will be limited to the total amount of fees paid by the Creator in the six (6) months preceding the claim.

INDEMNIFICATION

10.1. The Creator agrees to indemnify, defend and hold harmless ThaVibes from and against any claims, damages, liabilities and expenses arising from or related to the Creator’s use of the platform, breach of this Agreement, or other content-related issues.

10.2. This indemnification obligation will survive the termination of this Agreement.

FORCE MAJEURE

11.1. Neither party will be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, war, or acts of terrorism.

GOVERNING LAW

12.1. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, United States of America. ThaVibes is a United States Corporation.

DISPUTE RESOLUTION

13.1. Any disputes arising out of or related to this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

ENTIRE AGREEMENT

14.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, regarding its subject matter.

14.2. Any amendments or modifications to this Agreement must be made in writing and signed by both parties.

NOTICES

15.1. All notices required under this Agreement must be in writing and sent to the addresses specified in the preamble of this Agreement or to such other addresses as either party may designate in writing.

SEVERABILITY

16.1. Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which shall remain in full force and effect as if this Agreement had been executed duly with the invalid portion thereof eliminated and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid.

NON-EXCLUSIVE REMEDIES

17.1. If the Creator fails to pay and/or remit and/or return to ThaVibes any amount owed pursuant to this Agreement when due and following a late payment notice being delivered by ThaVibes, such amount will bear interest calculated from the date due until paid in full at a rate equal to the lesser of one percent (1%) per month or the maximum rate allowed by applicable law.

Contact Information

 Website: https://www.thavibes.ai

 Email: connect@thavibes.com

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