Terms of Service

1. Acceptance of Terms

By accessing and using PlayThis ("Service", "Platform", "we", "us", or "our") at www.playthis.pw, you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and PlayThis. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Service Description

PlayThis is a platform that enables Artists to:

• Create and manage artist sessions with QR code access
• Receive real-time song requests from attendees
• Engage with audiences through live chat
• Share social media profiles and contact information
• Receive gifts via Apple Pay, Google Pay, and other payment methods
• Manage earnings and request payouts

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. User Accounts

3.1 Account Creation

To use certain features, you must create an account using Google OAuth. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any reason at our sole discretion. You may delete your account at any time through your account settings.

4. Payment Terms

4.1 Platform Fee

PlayThis charges a 10% platform fee on all gifts received by Artists. This fee covers platform maintenance, payment processing, customer support, and service improvements.

4.2 Payment Processing

All payments are processed securely by Stripe. By using the Service, you agree to Stripe's Terms of Service and Privacy Policy. We do not store credit card information on our servers.

4.3 Artist Payouts

• Artists must connect a Stripe account to receive payouts
• Users must complete KYC (Know Your Customer) identity verification before using financial services
• Minimum payout threshold: €10.00
• Payout processing time: up to 14 business days
• Artists are responsible for applicable taxes on earnings

4.4 Refunds

All gifts are final and non-refundable. Once a gift has been sent to an Artist, it cannot be refunded or reversed. By purchasing a gift, you acknowledge and agree that all sales are final.

Exceptions may only be made in cases of proven unauthorized transactions or technical errors caused by our platform, as required by law. Any such disputes must be reported to support@playthis.pw within 48 hours of the transaction.

4.5 Chargebacks

If a chargeback is filed against a gift payment, we reserve the right to recover the full amount from the Artist's account balance or future earnings. Excessive chargebacks may result in account suspension.

5. User Conduct

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Engage in harassment, hate speech, or abusive behavior
• Impersonate another person or entity
• Spam, phish, or engage in fraudulent activities
• Scrape, crawl, or use automated tools to access the Service
• Interfere with the proper functioning of the Service
• Circumvent security measures or rate limits
• Use the Service for money laundering or illegal transactions

6. Content and Intellectual Property

6.1 User Content

You retain ownership of content you submit (profile information, chat messages, song requests). By submitting content, you grant PlayThis a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content for Service operation purposes.

6.2 Platform Content

All platform content, features, functionality, and intellectual property (trademarks, logos, design) are owned by PlayThis and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without written permission.

6.3 Content Moderation

We reserve the right to remove or moderate content that violates these Terms, is illegal, offensive, or harmful. We are not responsible for user-generated content but will take action when violations are reported.

7. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, error-free, secure, or free from viruses or harmful components.

8.2 Third-Party Services

The Service integrates with third-party services (Google, Stripe, Supabase). We are not responsible for the availability, accuracy, or functionality of these services. Your use of third-party services is subject to their respective terms.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYTHIS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from unauthorized access to your account
• Errors, interruptions, or service outages
• Actions or content of third parties

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) €100 OR (B) THE FEES PAID BY YOU IN THE PAST 12 MONTHS.

8.4 Exclusions

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. In such jurisdictions, the above limitations apply only to the extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless PlayThis, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of the Service
• Your content or conduct
• Your violation of any third-party rights

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles.

10.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Dublin, Ireland.

10.3 EU Consumers

If you are a consumer resident in the European Union, you may also have the right to bring proceedings in the courts of your country of residence. Nothing in these Terms affects your statutory rights as a consumer.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on this page
• Updating the "Last Updated" date
• Sending email notification (for significant changes)

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and delete your account.

12. Termination

Either party may terminate this agreement at any time. Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data (subject to legal retention requirements)
• Outstanding payment obligations survive termination
• Provisions regarding liability, indemnification, and governing law survive

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PlayThis.

13.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

13.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor.

13.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, wars, pandemics, government actions, network outages).

14. Contact Information

For questions about these Terms, please contact us:

PlayThis
Email: support@playthis.pw
Website: www.playthis.pw