Effective date: 04/08/24
a. Please read these paid activity terms and conditions (hereinafter “PAT&C”, “Terms”) carefully. By using Yzzy Services to create, promote and collect payments from Paid Activity (referred to here as “Paid Activity Services” or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree”), you agree and accept the following PAT&C, which will bind you at all times and in whatever manner you use Paid Activity Services. If you do not agree, or you do not have the authority to accept these PAT&C, you must not use the Paid Activity Services.
b. Clear Mind America Inc. or any of our affiliated entities (referred to here as “Yzzy”, “we”, “us”, “our”) permit you to use the Yzzy Services and create a Paid Activity only in accordance with these PAT&C.
c. Types of paid activities stipulated in the Section 5 of Yzzy’s Terms of Services defined as “Paid Activity” for purposes of these PAT&C.
a. These PAT&C supplement the Yzzy Terms of Services (“Yzzy Terms of Services”), which are incorporated herein by reference, except as explicitly stated herein. These PAT&C apply in full to all Paid Creator activities.
b. By agreeing to these PAT&C you acknowledged that you have read our Privacy Policy and Cookie notice.
c. In addition to these terms, you agree to comply with our Community Guides when using Yzzy Services, which are part of these Terms.
d. Nothing in these PAT&C shall be construed to amend or contradict the Yzzy Terms of Service unless explicitly stated. If there is a conflict between the Yzzy Terms of Service and the PAT&C, PAT&C shall prevail.
a. We may make changes to these PAT&C at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access Paid Activity to ensure you understand the terms that apply at that time.
b. If you do not agree to any changes to these PAT&C that we may make, do not use Paid Activity Service. In addition, you may delete your account by contacting us.
a. The Paid Activity Service provides you with the ability to use Yzzy Services to create, promote and host an Activity and monetize sales from registrations to an Activity. Each Activity that you choose to monetize by selling a registration is referred to as your “Paid Activity”. Participants using Paid Activity Service may make a one-time payment to purchase a registration to participate in your Paid Activity.
b. You will be permitted to offer your Paid Activity directly to other Users via the Yzzy Services.
c. When you set up and schedule your Paid Activity, you will determine the specific price of each Paid Activity and other specific requirements to participate in Paid Activity.
d. You should publish your Paid Activity in accordance with Community Guides and you must continue to follow these standards to be available at Yzzy. If a Paid Activity doesn’t meet Community Guides, these Paid Activity and/or your account may be restricted, suspended, or removed from Yzzy.
a. You acknowledge that any information about your Paid Activity may be publicly available on Yzzy Services and we may handle and analyse content from your Paid Activity in the same manner as publicly available content.
b. We may require additional verifications or other information from you to use our Paid Activity Service. If any information you provide is incomplete or inaccurate, you may not be able to use it in the Paid Activity Service. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
c. We reserve the right to suspend your use of Paid Activity Service if we reasonably believe that your account information is inaccurate or if you fail to provide all required information within the timeframes requested or does not comply with Community Guides.
Yzzy’s functionality divides a content which might be paid through the Payment Processor (Section 6) or In-app Purchases (Section 7). You’re able to purchase the following services through the Payment Processor: “Offer”, “Wish” and “Event”. You’re able to purchase the following services through the In-app purchase: “Lifestyle”, “Follow”. Please, read Yzzy Terms of Services to obtain more information about these features.
a. You will first need to create an account with the Payment Processor who will require you to meet certain identity verification requirements, such as providing proof of identity and/or residence.
b. You will also be required to submit payment and tax information to the Payment Processor. If Yzzy or the Payment Processor determines as part of the application or payment onboarding process, or later, that payments cannot be made to you for any reason, you cannot use Paid Activity Service. By accepting these PAT&C, you expressly authorise Yzzy to access your transaction data about your Payment Processor connected account activity and transactions and to conduct other activities in connection with the processing and monitoring of revenue share payments under these Terms.
c. Payment Methods. All sales proceeds from Paid Activity are transferred to the Paid Creator, including, but not limited to Paid Activity direct costs, any taxes, less Payment Processor Fee and Yzzy Fee. (“Payments”). Paid Creator will collect all Payments through the applicable Payment Processor and Yzzy accept no (and disclaims all) obligation or liability with respect to such collection or the performance or nonperformance of such Payment Processor. Payments are selectively available and may not be available to all Paid Creators. Only Paid Creator duly registered and authorised by Yzzy and Payment Processor may revenue Payments. No money will be taken until Participant have been approved to participate in a Paid Activity by you. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you.
d. Payment Processor. Yzzy use a third-party payment processor, such as Stripe (“Payment Processor”) to process payments for registrations to Paid Activity. Payment processing services for Paid Creator on Yzzy are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to PAT&C or continuing to operate as a Paid Creator on Yzzy, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Yzzy enabling payment processing services through Stripe, you agree to provide Yzzy accurate and complete information about you and your business, and you authorize Yzzy to share it and transaction information related to your use of the payment processing services provided by Stripe.
e. Payment Processor Terms. The processing of Payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. We are not responsible for errors by the Payment Processor. Paid Creator must adhere to the guidelines and terms of use imposed by Stripe. Yzzy needs to take action to remove content and restrict Yzzy members from using the platform should they violate the terms set out by our payment partners. For the avoidance of doubt, Paid Creators must not use Yzzy in any way that conflicts with Stripe’s prohibited businesses terms which Paid Creators themselves agree to on an individual basis when they sign up for these services.
f. Payment Processor Fee. Payment Processors may charge a fee for facilitating the transaction, which may be deducted from your Payment (“Payment Processor Fee”).
g. Yzzy Fee. Paid Creator agrees to pay Yzzy all applicable service fees, specified on the page of creating Paid Activity, for each registration paid via Paid Activity Service (“Yzzy Fee”). Note that Yzzy Fees are subject to change from time to time with respect to transactions that occur following the change.
h. Transaction Limit. For risk management and security reasons and to meet the requirements imposed by our Payment Processor, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through Payments and you authorise us to reject any transaction over that limit.
i. Currency. Payments only available in certain currencies and for Paid Creators in certain locations.
j. Refunds. All Payments, Yzzy Fee and Payment Processor Fee are final and non-refundable, unless required by law. Paid Creator will remain fully responsible for chargeback costs and refunds. Creator will bear sole responsibility for meeting its refund obligations under these Terms and the Paid Creator’s refund policy. Participants should initiate a dispute within Yzzy in respect of any request for chargebacks or refunds.
k. Chargebacks. Chargebacks and transaction reversals (collectively, “Chargebacks”) can occur, including when a Participant disputes a transaction with a Payment Processor. As a Paid Creator, you are responsible for paying and reimbursing promptly and fully for any Chargebacks in connection with your disputed payments (also known as a chargeback) and for all fees (together with Chargebacks, “Chargeback Costs”) that we, Payment Processor Partners, or any of our other partners incur in connection with your Chargebacks.
a. Yzzy may include in-app purchases that allow you to buy Paid Activity within the app (“In-App Purchases”). If it does, you acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within Yzzy.
b. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
c. More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the Apple App Store or Google Play terms, in your device’s help settings or online.
d. In App Purchases can only be consumed within Yzzy. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases, then the Apple App Store or Google Play terms and conditions applicable to In-App Purchases will also apply.
e. If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault.
f. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the Apple App Store or Google play to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the Apple App Store of Google Play directly.
g. You acknowledge and agree that all billing and transaction processes are handled by the Apple App Store or Google Play from whose platform you downloaded Yzzy and are governed by the Apple App Store or Google Play terms. If you have any payment related issues with In-App Purchases then you need to contact the Apple App Store or Google Play directly.
a. When creating a Paid Activity, you must, where applicable, fully educate and inform Participant about:
- any risks inherent or incidental to the Paid Activity;
- any requirements for participation, such as the minimum age, related skills, or level of fitness, and anything else Participants may need to know to safely participate in the Paid Activity (including dress codes, equipment, special certifications, or licences, etc.).
- and any other information specified in the Community Guides.
b. When hosting or attending a Paid Activity, you must act with respect towards other Users. In particular, you must not:
- do anything that is not permitted under applicable local, national, or international law or regulation;
- act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- harm or attempt to harm any User, or any other adult, child, or animal, in any way; or
- bully, insult, intimidate or humiliate any User or other person.
c. You are responsible for:
- providing truth, honest and accurate information about you as a Paid Creator and your Paid Activity;
- understanding and complying with all laws, rules and regulations that may apply to your Paid Activity and payments for your Paid Activity;
- obtaining any required insurances, licences, permits, or registrations prior to providing your Paid Activity; and
- ensuring that your creating and/or hosting of a Paid Activity will not breach any agreement you may have with any third party.
d. We may impose additional limits based on applicable law or policies. Violation of any of the above rules and restrictions may lead to restriction, suspension or termination of your use Paid Activity Service or suspicion or blocking of your account.
e. You are responsible for promptly responding to any inquiries and requests, regarding Paid Activity. You further acknowledge that you are responsible for any disputes relating to your Paid Activity. Notwithstanding with forgoing, you agree that Yzzy customer support team can make determination on refund and/or chargeback requests that are directed to Yzzy in response to customer complaints and to comply with applicable laws and regulations.
f. The Paid Creator is responsible for providing all equipment, including supplies, vehicles, venues, and other materials (“Equipment“) necessary to host a Paid Activity. The Paid Creator is solely responsible for ensuring that the Equipment used in a Paid Activity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, the Paid Creator assumes all risk of damage or loss to Equipment. Yzzy expressly disclaims any liability whatsoever arising out of the use or failure of Equipment at a Paid Activity, and the Paid Creator agrees to hold Yzzy harmless from the same.
g. To the extent required by law, or when required by us directly, the Paid Creator must obtain insurance in amounts sufficient to cover the Paid Activity. Yzzy reserves the right to require proof of insurance for any Paid Activity, and the Paid Creator agrees to cooperate with Yzzy to verify such insurance coverage. We may refuse to allow the Paid Creator to create or publish a Paid Activity within the Yzzy Services in the absence of such insurance. All insurance shall cover the Paid Creator, the members of his team or organization, and/or the Paid Activity with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on the Paid Activity. We may also require that the Paid Creator name us as an additional insured on any insurance policy in our sole discretion.
h. We may also exercise any of our rights and remedies under this Section regarding recovery of such amounts due and owing to us from you.
i. In addition, you agree that we may demand back any Direct Payments (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Paid Creator profile, or the underlying event (s)’ risk, or branches of the applicable Terms. Where under applicable law, Direct Payments are subject to any chargeback or refund process, we under our sole discretion may demand to process a refund or chargeback by Paid Creator or suspend, set-off (against any future revenue share payments due to you), invoice you or otherwise recoup the amount of those payments previously made or credited to you, including but not limited to any applicable expenses, legal and other fees.
j. Any payments required may not include any Sales Tax that may be due in connection with the Services provided. If Yzzy determines it has a legal obligation to collect a Sales Tax from you, Yzzy will collect such Sales Tax in addition to the other payments required. If any Services or products, or payments for any Services or products, are subject to any Sales Tax in any jurisdiction and you have not paid the applicable Sales Tax to Yzzy, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Yzzy for any liability or expense Yzzy may incur in connection with such Sales Taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
a. Paid Creator should avoid changing or cancelling a confirmed Paid Activity whenever possible. If a change or cancellation is necessary, Paid Creator must do so with timely notice to the Participant. Cancellations should be rare, unless for weather, safety, or force majeure reasons.
b. Paid Creator will remain fully responsible for chargeback costs and refunds. Paid Creator will bear sole responsibility for meeting its refund obligations under these Terms and the Creator’s refund policy.
c. Paid Creator agrees that Participants have the right to cancel Paid Activity at least 3 hours before the Paid Activity start time.
d. Yzzy will be the main contact for Participants and Paid Creator with Paid Activity requests and complaints, including refund requests (“Claims”).
e. Yzzy will provide clear instructions and contact information to Participants so that Participants may make any Claims.
f. All disputes regarding Paid Activity are between Paid Creator and its Paid Activity Participants (“Paid Activity Disputes”). In the event of Paid Activity Dispute, Yzzy may try to mediate.
a. In the event Yzzy discovers that you are infringing these PAT&C or any applicable law, Yzzy may take any or all of the following actions in its discretion in addition to any and all remedies, specified in PAT&C or in applicable law:
- suspend or terminate your Yzzy Account;
- suspend or terminate PAT&C;
• alter, edit, restrict, suspend or remove any your Paid Activity or any portion thereof;
- disconnect your Payment Processor’s account;
- block, reverse or refund any or all of your transactions.
b. Paid Creator agrees promptly and fully reimburse Yzzy upon demand all out-of-pocket costs and expenses, including without limitation reasonable attorneys` fees and expenses incurred by Yzzy in collecting due amounts, or any other amounts due and owing from Paid Creator to Yzzy. Paid Creator agree that if Yzzy must seek collections for past due amounts and Paid Creator does not respond or pay in full after receiving a collection notice, Yzzy reserves the right to pursue outstanding balances through judicial proceedings. By exercising right on remedies Yzzy is not waiving or prejusting any other rights under these PAT&C.
c. By exercising right on remedies Yzzy is not waiving or prejusting any other rights under these PAT&C.
d. If Paid Creator fails to pay Yzzy any amount of owed pursuant to the applicable Terms when due and following late payments, such amount will bear interest calculated from the date due until paid in full at a rate equal to the lesser of 0,01 percent per day and to the maximum amount permitted by applicable laws.
a. Both Yzzy and Paid Creator agree that the relationship of Yzzy and Paid Creator established by these PAT&C that of independent contractors and, except as otherwise specifically provided herein, nothing contained in these PAT&C shall be construed to give either party the power to direct and control the day-to-day activities of the other, constitute the Parties as partners, joint venturers, franchisor-franchisee, co-owners, legal representation, permanent residence (corporate or tax) or otherwise as participants in a joint or common undertaking, allow either Party to create or assume any obligation on behalf of the other Party for any purpose whatsoever or create an employment relationship.
b. Paid Creator may not create an impression to Users that Paid Activity is sponsored, organised or co-hosted by Yzzy, except otherwise agreed by the parties.
a. Paid Creator represents and warrants to that: (i) you have all necessary right, title, licence and authority to enter into and perform its obligations under these Terms; (ii) all of the information provided by you to Yzzy and/or the Payment Processor to enroll and participate in the Paid Activity Service is correct, accurate, complete and current at all times Paid Creator represents that any materials used in the Paid Activity Services will not (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any law, statute, ordinance, or regulation.
b. The success of the Paid Activity Service depends on numerous factors beyond Yzzy control. Paid Creator therefore acknowledges and agrees that the promotion or sale of the Paid Activity (and related receipts) is speculative. Yzzy does not make any, and expressly disclaims all, representations and warranties as to the profits, revenues or potential success of the Paid Activity and, except as otherwise provided in these Terms, no liability shall be imposed upon Yzzy based on any claim that (i) more sales or revenue could have been made or earned and/or (ii) better prices or terms could have been obtained.
a. Yzzy assumes no liability of any kind whatsoever for any outcome of any interaction (online or offline) resulting from the Paid Activities (including the cancellation of an Paid Activity), Content or Yzzy Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Yzzy Services.
b. Although we use our reasonable efforts to update the Yzzy Content and the Yzzy Services as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the Yzzy Services are accurate, complete, and up-to-date, or to the suitability of the Yzzy Services or the Content for you.
c. Please note, although we provide the Yzzy Services so that individuals may connect and enjoy Paid Activities, we are not responsible for the Paid Activities themselves, or any consequences of hosting or attending an Paid Activity arranged through the Yzzy Service.
d. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or Yzzy Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Yzzy Service. We also do not assume any liability arising from the cancellation of a Paid Activity.
e. We do not guarantee that our Yzzy Service, or any content on it, will always be available or be uninterrupted.
f. To the fullest extent permitted by law we make no warranties as to our Yzzy Services or content. You agree that our Yzzy Services and the Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Yzzy Services or the Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of Yzzy Services or the Content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Yzzy Services or the Content or their correctness, accuracy, timeliness, reliability or otherwise.
g. You are responsible for the information you share with other Users when you disclose information on the Yzzy Service. We are not responsible for the conduct of any User of the Yzzy Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate outside of the Yzzy Services or participate in an activity as a Participant.
h. Please be aware that we do not conduct criminal background or similar checks on any Users or otherwise inquire into the background of the Users (in each case including Paid Creators or Participants). You are solely responsible for all of your communications and interactions with other Users, and you should ensure you take appropriate precautions when communicating with other Users or attending or hosting activities. We make no commitments, and assume no liability, in connection with the conduct of the Users, on or off the Yzzy Service. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the content or Yzzy Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through Yzzy Service.
i. To the fullest extent permitted by law we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone (including Paid Creators or other Users) or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Yzzy Services or the Content, or in any way or in any location. Yzzy assumes no liability whatsoever on any theory of recovery related to Paid Activities.
j. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any Users, including you.
k. We are also not responsible to you if our provision of the Yzzy Services is delayed by an event or cause outside our control.
l. To the extent you are aware of suspicious, fraudulent, or behavior, please immediately report it to us. You should block and report anyone that violates these terms, including (a) underage Users, (b) harassment, threats, and offensive behavior, and (c) inappropriate or harmful behavior of any kind, (d) fraudulent profiles, or (e) activities not conducted in accordance with these terms or applicable law.
m. If digital content that we have supplied is defective and damages any device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage to your device or pay you reasonable compensation. However, we will not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for any damage that was caused by you failing to correctly follow any of our instructions or to have in place any minimum system requirements that we advise you of.
n. To the fullest extent permitted by law, we do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Yzzy Services or its content, or in any way or in any location in connection with any Activity, the Yzzy Services and/or the Content.
o. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set forth in the preceding sentence, our total liability to you arising under or in connection with these PAT&C shall be limited to one hundred US dollars (100 $).
a. Paid Activity Creator shall be responsible for any losses, damages, costs, and expenses which Yzzy suffers which are caused by breaching of these PAT&C.
b. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Yzzy, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Yzzy Services and the Content; (b) your violation or breach of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defense or settlement of any such matters.
c. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
d. To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Yzzy Services, including participation and attendance at Activities; (ii) disputes between Users, including those between you and other Users; (iii) disputes related to Paid Activities, Direct Payments or between you and a Payment Processor; (iv) User Content or third party Content; (v) claims relating to the unauthorised access to any data communications or content stored under or relating to your account, including unauthorised use or alteration of such communications or your User Content.
e. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.
a. If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the Yzzy Services or Paid Activity Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. You may contact us about your suspension or ending your access to Yzzy Services or Paid Activity Services at contacting us.
b. We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.
c. Paid Creator may terminate use of these Paid Activity Services, at any time by following the on-screen instructions.
d. In the case of termination of these PAT&C we may disconnect your Payment Processor’s account.
e. Yzzy may choose to stop offering Paid Activity Service, or any particular portion of the Paid Activity Service, or modify or replace any aspect of Paid Activity Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Paid Activity Service, where, in Yzzy’s sole discretion, failure to do so would materially prejudice you. You agree that Yzzy will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access Paid Activity Service.
f. All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
a. To the extent permitted by applicable law, any claim or cause of action arising out of or related to the Yzzy Services, these Terms and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
b. Agreement to Arbitration; Class Waiver: you and we agree, except as provided below regarding small claims court proceedings, any dispute, claim, or controversy arising out of or relating in any way to the Yzzy Service, and the Content, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
c. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to Us must be addressed to: Clear Mind Inc., 418 Broadway, STE R, ALBANY, NY, 12207, US. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
d. Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE YZZY SERVICES BY WRITING TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
e. YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE YZZY SERVICE.
f. No Trial by Jury. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
a. Assignment. We can assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
b. Third Party Rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.
c. Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
d. Applicable Law and Jurisdiction.
- this Agreement, and all claims and causes of action in connection with, arising under or relating to the subject matter of these terms and conditions, in the broadest possible way, including tort claims (the “Claims”), shall be governed by, and construed in accordance with the laws of the State of New York without regard to its choice of law principles. To the extent applicable, the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. The choice of law designated herein shall apply to all factual and legal issues relating to or arising under the contract and shall survive termination of this Agreement.
- User, further you and Yzzy agree to the jurisdiction of New York to resolve any Claims that relate to or arise in connection with these Terms.
- No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If you have any questions or concerns regarding these PAT&C, you may contact us by email.
© 2025 · YZZY · All rights reserved