Term of Service

Introduction

The following document sets out the terms of use for all Funcast Services. Before using any of our Services, you are required to read, understand, and agree to these terms.

If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a “Consumer”. If you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business (a “Business User”).

If you are a Consumer located in the United Kingdom (“UK Consumer User(s)”), the Terms of Service shall apply to you with the exception of the deviations and supplementary terms as set out in Appendix 1-UK.

When we say “Funcast,” “we,” “us,” and “our” in these terms, we mean Y LABS LTD.

When we say “Services” in these terms, we mean Funcast’ services, apps, websites, subscriptions and all other products.

When we say “Platform”, we mean the Platform managed by Funcast to provide the Services, including all software and computer hardware on which applications are run or installed.

Questions about these Terms of Service should be sent to [email protected].

Acceptance of Terms

In these terms, when we say “you” or “your,” we mean you. If you’re accessing our Services on behalf of a legal entity (like your employer), you hereby agree and represent to us that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity.

IMPORTANT NOTE: By using the Services, you are agreeing, on behalf of yourself and those you represent, to comply with and be legally bound by these terms as well as our and all applicable laws.

If you, for yourself or on behalf of those you represent, do not agree to any provision of these terms, you must, for yourself and on behalf any such person(s), cancel the registration process, discontinue your use of the services, and, if you are already registered, cancel your account.

These Terms and Our Other Policies

We also have a privacy policy that applies to your use of our Services and are incorporated into these terms as if fully set forth in these terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the Privacy Policy.

Overview

Funcast offers a suite of tools for online creators and their audiences. Funcast’ suite of functionality includes, without limitation. These terms apply to:

all Funcast websites and platforms,
all Funcast products and services (including subscription contracts), and
all of our desktop, console, and mobile applications.

Some Services are offered on a free basis whereas other Services are offered on a paid-for basis. In either case, this will always be made clear to you in the description and/or the order process. Please see the Section “Paid Services and Fees” for more information on auto-renewing “subscription” payments associated with paid-for Services that are either paid monthly or annually.

User Requirements

Age, Parent Responsibility

By accessing our Services, you represent to us that:

you are at least 16 years old; and
you meet the minimum age required to access these services in your country.

If you are over the age of 16 but under 18 or for some other reason you do not have capacity to agree to these terms:

please ask your parent or guardian to read these terms with you,
you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

NOTE TO PARENTS: If you are a parent or legal guardian, and you allow your teenager to use the services, then these terms also apply to you and you are responsible for your teenager’s activity on the services.

Bans, Illegal Use

If you have previously been suspended or removed from the Services for violating our terms, you may not access any Services without the express written permission of Funcast over email. Contact [email protected] for assistance.

Funcast Services are not available to any persons barred from receiving them under the courts of England and Wales or applicable laws in your jurisdiction.

You may not use our service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

Termination

Termination of a subscription by you

If you want to terminate your subscription at any other time then you can do so via your Account or by emailing us at [email protected]. Please note that your subscription will be ended from the end of the Initial Period or Renewal Period during which you cancelled your subscription. You will continue to have access to the subscription Services for the period between you notifying us that you wish to cancel your subscription and the cancellation taking effect, provided you have paid the fees for that period.

Termination of a subscription by us

We may need to terminate your subscription for legal or commercial reasons and will try to provide reasonable notice ahead of time unless we are prevented from doing so by law. Unless this termination is a result of your material breach of these terms and conditions or any other compliance obligation we may have, you will:

be refunded pro rata for any subscription fees already paid by you in respect of Services that you will then no longer receive; and
no longer be charged for future recurring subscription Fees.

We shall pay any refund due from us to you on termination of your subscription no later than thirty (30) days from the date of termination. We shall pay such refund using the payment method you selected when you placed your order.

We may also be entitled to terminate your subscription if:

you breach these terms, any Funcast policy, or additional terms that apply to specific products;
we’re required to do so to comply with a legal requirement or court order;
we reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.

Funcast Services

Services May Change

We are always working to improve Funcast. We may add or remove features, start new services, or limit or discontinue existing services. While we try to minimise disruptions, we cannot guarantee that there will not be an outage, planned downtime, or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages, planned downtime, or service changes.

Prices May Change

Prices and/or fees advertised for our Services are subject to change on our Platform at any time.

Information On Our Site May Not Be Up To Date

We always work to keep our websites current, but we cannot guarantee information available on any Funcast site is accurate, complete, or current. Any reliance on the material on Funcast sites is at your own risk.

These sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these sites at any time, but we have no obligation to update any information on our sites.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, FUNCAST, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

User Content and Services are Provided “As Is”

Except as may be required by applicable law, Funcast is not liable for, nor is Funcast obligated to screen, approve, edit or control, User Content that you or others upload or otherwise make available on the Services.

Funcast may, however, at any time, and without any obligation to you, remove, partially censor, or block or suspend the availability of any User Content that Funcast believes violates its terms or policies or is otherwise objectionable.

You agree that when using the Services, you will see User Content from a variety of sources and understands that User Content could be inaccurate, offensive, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy that you have or may have against Funcast regarding User Content).

This confirmation does not affect any consumer rights you might have under applicable law, including the legal guarantee in certain places that products and services must comply with this agreement and your rights in case of non-conformity of a product or service.

Your Account

You are also responsible for maintaining the security of your account, and you will notify Funcast immediately at [email protected] of any actual or suspected loss, theft, or unauthorized use of your account.

You agree not to share, license, sell, or transfer your account without our prior written consent.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

User Conduct

How to Report a Violation and Consequences

If you encounter any user or content that appears to violate our user conduct rules, please report it to us at [email protected].

If a user violates these rules, depending on the nature of the violation we may take a number of enforcement steps, including:

issuing warnings; removing content;
suspending or removing the accounts and/or servers responsible;
and potentially reporting them to law enforcement.

Prohibited Conduct

We want to create a safe, fun, and inclusive environment for all users. We have created rules on prohibited conduct to help protect other users. The following types of conduct are prohibited.

Civility and Respect for Others

Do not bully, harass, intimidate, or stalk others.
Do not promote bigotry or hate.
Do not share false or misleading information.
Do not post content that violates our User Content rules.
Do not encourage or promote violations of these rules by others.

Safety

Do not engage in any predatory behavior with minors, including attempting to befriend a child in order to manipulate and exploit them (i.e., grooming), engaging in sexual conversation with or soliciting sexual material from minors.
Do not share, request, or discuss child sexual exploitation imagery.
Do not threaten others with real world harm, including sexual assault or property damage.
Do not promote terrorism or political violence, or advocate, recruit, or fundraise for terrorist organizations or organizations that promote political violence.
Do not depict, glorify, of encourage suicide. If you are concerned about a user’s mental health please contact [email protected]
Do not depict any real world activity that is dangerous or unsafe.
Do not do anything illegal. If reported to us, we may disable the account of any user who harass, bully, discriminate or harm others outside of the Platform are affiliated with organized crime, terrorist organizations, or organizations that engage in violence.

Abuse of the Platform

Do not attempt to gain unauthorized access to Funcast systems, data, or user accounts
Do not attempt to explore, scan, or circumvent any Platform features or security measures on the site,
Do not attempt to interfere, disrupt, or create an undue burden on any Funcast or user computer, host, or network including, without limitation, by submitting malicious code, overflowing, “flooding”, “mail-bombing,” or “crashing”.
Using the Site for recording, processing, or mining information about other users.
Do not display any unauthorized commercial advertisements.

User Content

What Is User Content?

You may provide content to our Platform. That content is called “User Content”. This section describes how you retain your ownership of content you own, the limited rights you provide us to use the User Content, and our rules around User Content.

Your User-Generated Content Stays Yours

Users of the Services (whether you or others) may provide us with content, including without limitation content provided by livestreaming, text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in these terms.

Your License To Us

When you provide User Content via the Services, you grant Funcast (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.

This Section does not affect any rights you may have under applicable data protection laws.

Only Use Content You’re Allowed To Use

Please don’t copy, upload, download or share content unless you have the right to do so.

You confirm that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services and in the manner required by this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secret or other rights.

Content Rules

No content that violates our user conduct rules or other rules

We prohibit any content that violates our user conduct rules above, or any other part of our terms of service. This rule covers the vast majority of content issues. Here are some specific kinds of content we want to be clear we prohibit:

No false content: that you know is false or misleading, is libelous, defamatory, obscene
No offensive, hateful, or illegal content: Content that is pornographic, excessively violent, abusive, or threatening in any way; Is offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; Encourages or advocates for conduct that could be as a criminal offense, or otherwise violate any law
No creating a security/privacy risk to others: Content that contains information that causes or creates a privacy or security risk to any person;
No content that is stolen from others or infringes the intellectual property rights of others: See our “Intellectual Property” section below for more information.
No spamming: involves sending of “junk mail”, “chain letters”, or any unsolicited mass mailing, “spimming”, or “spamming”;
No restricted pages: contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page.
No posting other people without consent: Includes a photograph or video of another person that you have posted without that person’s consent.

Intellectual Property

Please Follow the Law

You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID.

Funcast’ Intellectual Property

All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, video and computer code (“Funcast Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Funcast Content, displayed or performed on the Services is owned, controlled, or licensed by Funcast.

All such Funcast Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Funcast Content, Funcast hereby grants you limited permission to use the Funcast Content subject to these Terms, as long as the use of such Funcast Content is solely for your personal, informational use.

Unless expressly permitted in an applicable agreement or on the Funcast Content itself, none of the Funcast Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Funcast and/or the appropriate owner. Also, you may not “mirror” any Funcast Content contained on this Website or any other server without Funcast’s express prior written consent.

Open Source

Certain open source licenses (“Open Source Software”) may be included in the Services. The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

Feedback

Any feedback you provide at this site shall be deemed to be non-confidential, (other than communications in respect of your order if you use the Platform to purchase anything from us). Funcast shall be free to use such information on an unrestricted basis.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Intellectual Property Rights

If you are a rightsholder that believes your trademark or other right is being infringed, please note that we are not in a position to mediate disputes between users and the holders of trademark or other rights. That being said, we take allegations of infringement seriously. So, we may look into and try to resolve any allegations of infringement.

If you believe your rights have been infringed, please provide the following information to Funcast’ designated agent at [email protected].

identification of the subject work(s) claimed to have been infringed, or, if multiple works are covered by a single notification;
identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Funcast to locate the material;
information reasonably sufficient to permit Funcast to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Paid Services And Fees

Certain Services are paid services. This section explains how we handle payments for those paid services. For certain paid services, such as domain registrations and subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you cancel your subscription. You can do that anytime through our customer support or by emailing [email protected]. Key information relating to subscriptions will be set out in the order process.

Accuracy Of Billing And Account Information

You agree to provide current, complete, and accurate purchase and account information for all transactions occurring on our Service. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Fees

We have the right to make changes to the fees for Services from time to time, although any changes shall apply only prospectively. If these changes result in an increase in the fees payable by you, we shall inform you at least thirty (30) days in advance of the change. If you do not agree to pay the increased fees, you may terminate your subscription in accordance with Section 5 of these terms (“Termination”).

Taxes

Except where a different presentation is required by applicable law, fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If we has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where we do not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually resides).

Automatic Subscription Renewals

Your subscription may have a minimum term. If it does, you will be informed of this prior to checkout. That minimum term is called the “Initial Period” of your subscription. Your subscription will continue in effect for the Initial Period and, thereafter, it will automatically renew for successive periods equal in time to the renewal period of your current subscription (each such period is a “Renewal Period”). For example, if you’re on an annual subscription plan, each billable renewal period will be for one (1) year. To ensure uninterrupted service, we’ll automatically charge you the applicable amount using the payment method you have on file with us. This means that your subscription continues to roll over and remains in effect unless and until you actively choose to end it (this is without prejudice to any applicable cancellation rights you may have). We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments.

You can disable auto-renewal at any time via the Services or emailing customer support at [email protected]

Refunds

This section “Refunds” does not apply to Consumers resident in the UK. Please refer to your country appendix for additional provisions that apply.

While you may cancel any Paid Services at any time, you are only eligible for a refund if:

(i) you have not used any Paid Features contained within the Paid Service and

(ii) you have requested a refund within the applicable refund window.

The refund window is within 14 days of purchase of purchase for all Paid Services. Paid Features are all features for which we incur third party fees when you use them.

We may deny your refund request at our sole discretion if we find evidence of fraud, refund abuse (such as repeatedly using then refunding Funcast products, even if you have only used non-paid features), or unlawful or unethical conduct.

Switching from Monthly to Yearly Subscription

You can switch from a monthly to an annual subscription plan at any time after your seventh (7th) day of your monthly subscription start date. Your annual subscription will automatically renew one (1) year after the subscription change to annual date. On the subscription change to annual date, you will be billed a pro-rated amount based on the number of days you have left in your prior monthly subscription cycle. For example, if you started your monthly subscription on July 1, 2023 and you decide to switch to an annual subscription on July 10, 2023 and you have twenty (20) days left in your monthly subscription cycle, you will be billed the annual subscription fee less the corresponding amount for the twenty (20) days left in your monthly billing cycle. We’ll automatically charge you the applicable amount using the payment method you have on file with us and you will receive a confirmation email with the receipt. By agreeing to switch from a monthly to an annual subscription plan, you are not eligible for a refund.

Chargebacks

If you contact your bank or credit card company to decline, Chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact customer support via the Services or by emailing [email protected] before filing a Chargeback. We reserve our right to dispute any Chargeback.

Payment Processor and Credit Card Terms

We use a third party payment processors (each a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make the payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct any errors or mistakes, even if payment has already been requested or received.

Each Payment Processor will process payments according to its own terms of service and by using such Payment Processor your agree to their terms.

In the event a Chargeback is issued, you are immediately liable for the full amount of the transaction related to the Chargeback. You are also liable for any associated fees, fines, expenses, or penalties. You agree that any associated fees, fines, or expenses will be deducted from your Funcast balance.

If our payment processors determine you are incurring excessive Chargebacks, you may receive additional controls and restrictions on your balance.

Fees For Third Party Services

Third-party services purchased via the Services may be subject to different refund policies that those third-party services determine, and they may be non-refundable. The purchase terms and conditions for such third-party services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a third-party service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of third-party services.

Indemnity

You agree, on your behalf or if you are accessing our Services on behalf of a legal entity, like your employer (see “Acceptance of Terms” above for more information) you agree on behalf of that entity to the following terms:

You will be responsible for your use of the Services, and you agree to defend and indemnify and hold harmless Funcast, and its parents, affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, employees, and interns from any claims and demands made by any third-party due to or arising out of your: (a) your access to or use of our Services, (b) your content, (c) your violation of these terms or any terms incorporated herein by reference, (d) your violation of applicable law or the rights of any third party.

Funcast reserves the right, at Funcast own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (and without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Funcast defense of that claim.

Limitation of Liability

This section “Limitation of Liability” does not apply to Consumers resident in the UK. For those Consumers, please refer to your country appendix.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FUNCAST OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, EMPLOYEES, AND INTERNS BE LIABLE FOR ANY CLAIM, INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF FUNCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FUNCAST’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disputes

This section “Disputes” does not apply to Consumers resident in the UK. For those Consumers, please refer to your country appendix.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND FUNCAST HAVE AGAINST EACH OTHER ARE RESOLVED.

Before you bring a legal proceeding, please reach out to customer support at [email protected]. Most issues can be quickly resolved by contacting support.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us.

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Funcast agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.

Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any purchases or other transactions or relationships with Funcast, or (iii) any data or information you may provide to Funcast or that Funcast may gather in connection with such use, interaction or transaction (collectively, “Funcast Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.

By using or interacting with the Service, or engaging in any other Funcast Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us.

If those efforts fail, by using the Service, you agree that any complaint, dispute, or disagreement you may have against Funcast, and any claim that Funcast may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any Funcast Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “Applicable Rules”).

You can find a copy of the rules and more information at www.adr.org.

If AAA is no longer in existence, the Arbitration shall be administered by JAMS or its successor ( “JAMS”) instead, and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (which shall be the “Applicable Rules” in such circumstances).. Information on JAMS can be found at www.jamsadr.com.

If AAA (or, if applicable, JAMS) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be Applicable to the matter in dispute, Funcast agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the Application of subpart (d) or (h) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of Appropriate jurisdiction.

Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You further agree that:

a. Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, Applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

b. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by AAA (or, if Applicable, JAMS) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and ; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;

c. Governing Law and Venue for Non-Arbitrable Disputes. These terms are governed by (i) the United States Federal Arbitration Act (“FAA”), and (ii) only to the extent not inconsistent with the substantive and procedural provisions of the FAA, the laws of the State of California, without regard to conflicts of laws principles.

The Arbitrator (i) shall honor claims of privilege recognized at law; and (ii) shall have authority to award any form of legal or equitable relief. The arbitrator will not be bound by rulings in other related arbitrations. Any Disputes that are not subject to the Arbitration Terms or that are severed from any arbitration may only be litigated in the federal courts of Santa Clara County, California, provided that if such federal courts decline to hear the Dispute, it may be remanded to the state courts of Santa Clara County, California; and the parties consent to personal and exclusive jurisdiction in these courts, except as otherwise provided by applicable law.

d. No Class Relief. The Arbitration can resolve only your and/or Funcast’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

e. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

f. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Funcast will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

g. Reasonable Attorney’s Fees. In the event you recover an Award greater than Funcast’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Funcast’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Funcast shall in all events bear its own attorneys’ fees;

h. Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Funcast shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;

i. Modification of Arbitration Clause With Notice. Funcast may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Funcast has given notice of such modifications and only on a prospective basis for claims arising from Funcast Transactions and Relationships occurring after the effective date of such notification; and

j. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Funcast in your local small claims court within the ., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.\

Miscellaneous

This section “Miscellaneous” does not apply to Consumers resident in the UK. For those Consumers, please refer to your country appendix.

Entire agreement. These terms and any other terms incorporated by reference herein cover the entire agreement between you and Funcast for your use of our Services except where additional Funcast-provided terms apply to our products or services, in which case the additional terms will control with respect to your use of that product or Service to the extent of any conflict with these terms.

Our Relationship. Nothing in these Terms shall create or be deemed to create an employment, partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Funcast.

Waiver. If you do not follow these terms and we do not act immediately, we do not give up or “waive” any of our legal rights, and we may exercise those legal rights in the future.

Severability. If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.

Updates to these terms. We may decide to update these terms (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, or (3) to prevent abuse on or of our services. If these changes materially affect your Platform use or your legal rights, we’ll try to give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our services.

No Third Parties. Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as expresssly provided herein.

Notice for California Users: Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210

Appendix 1-UK to the Terms of Service

Supplementary Terms for UK Consumer Users

If you are a UK Consumer User, the Terms of Use shall apply to you with the exception of the following deviations and supplementary terms. If there is any inconsistency or conflict between the Terms of Service and these supplementary provisions (“Supplementary Terms”), the Supplementary Terms shall prevail.

The Terms of Service are entered into by and between you andY LABS LTD, a UK company. You can contact us at: [email protected].

User Content

The fourth paragraph of Section 13 (Only Use Content You’re Allowed To Use) shall be deleted and replaced as follows:

By submitting your User Content, you agree that you have all rights, power and authority necessary to grant the rights to such User Content as set out in these Terms. As you alone are responsible for your User Content, you may expose yourself to liability if you post or share User Content without all necessary rights.

Fees

The following wording will be added to the end of Section 18 (Fees) for UK consumers:

The fees for your subscription are set out during the order process (the “Fees”). The Fees shall be in GBP and include the price for your subscription and any applicable VAT and any other taxes applicable.

Fees shall be billed on a recurring basis, and your selected Services will automatically be provided at the price and frequency you have chosen at the time of your purchase.

You shall pay to us the Fees for the Initial Period upfront at the start of the Initial Period, and you shall pay us the Fees for each subsequent Renewal Period upfront at the start of each Renewal Period.

You may make payment using one of the payment methods set out in the order process. When you place an order, you authorise recurring monthly or annual charges, as applicable, on the payment method for the duration of your subscription including any VAT or other taxes and late fees, as applicable that may be accrued by or in connection with your subscription. You may be asked to provide certain information, including your name, email, phone number, payment method details and billing address.

By making a purchase, you confirm that:

you have the legal right to use any payment method(s) used in connection with any purchase;
the information you supply in the process is true, correct, and complete; and
if you use a payment method that you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that payment method.
You agree to provide current complete, and accurate purchase and account information for all purchases made via the Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that your transactions can be completed and you can be contacted as needed.

We have the right to make changes to the fees for Paid-For Services from time to time, although we shall not make any change to the fees applicable to you during the current Initial Period or Renewal Period (as applicable). If these changes result in an increase in the fees payable by you, we shall inform you at least thirty (30) days in advance of the change. If you do not agree to pay the increased fees, you may terminate your subscription in accordance with Section 5 of these supplementary terms (“Termination”).

If we need to change or cancel an order, we may attempt to notify you by contacting the e-mail, billing address and/or phone number that you provided during the order process. A refund will be issued to your original payment method if payment has already been taken on an order that we then cancel.

Cancellation rights – subscription contracts

We will tell you when and how you can end a subscription during the order process and we will confirm this information to you in writing after we have accepted your order. You can also obtain advice about your right to cancel your subscription from your local Citizens’ Advice Bureau or Trading Standards Office.

You have a right to cancel a subscription contract:

within fourteen (14) days of subscribing; and/or

if you select a Service that auto-renews at intervals of twelve (12) months or more, you will also have the right to cancel within fourteen (14) days of such annual renewal date,

and these are each referred to as a “Cooling-Off Period”.

If you are purchasing any digital products / content as part of your subscription Services and you wish to access this during a Cooling-Off Period then you may do so but:

you expressly agree that we may begin to make the digital content available to you during the Cooling-Off Period; and

you expressly acknowledge and agree that your right to cancel your subscription as set out above will be lost.

Some Services may include a free trial period which will convert into automatic, recurring payments after the period ends, as set out in the order process. If you cancel within the free trial period, your free trial will not auto-renew into a subscription and you will not be charged.

To exercise your right to cancel, you must inform us of your decision by making a clear statement (e.g., by post or email). The easiest way to do this is to email us at [email protected]. You may alternatively use the following model cancellation form, which you can complete and email to us, but you are not required to use this form:

Model Cancellation Form

To: Y LABS LTD-mail address: [email protected]

I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract for the provision of the following service*,Ordered on(*) / received on(*)Name of consumer(s),Address of consumer(s),Signature of consumer (only if this form is notified on paper)Date(*) Please delete if not applicable.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.

We will send you an acknowledgement of receipt of your notice to cancel by email.

In the context of Services, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

We will make the refund without undue delay, and no later than fourteen (14) days after the day on which we are informed about your decision to cancel your contract.

All refunds will be made using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the refund.

Cancellation rights – digital content

In most cases, you will have a right to change your mind and cancel your contract with us within fourteen (14) days of confirmation of your order without giving a reason (the “Cooling-off Period”). This right may not always be available to you, for example, in respect of:

services, once these have been performed or completed, even if the fourteen (14) day cancellation period is still running (if you cancel after we have started but not yet completed the relevant services, then you remain liable to pay us for the services provided up until the time you tell us that you have changed your mind); or

digital products / content. If you are purchasing any digital content as part of your Services and you wish to access this during a Cooling-off Period then you may do so but: (i) you expressly agree that we may begin to make the digital content available to you during the Cooling-Off Period; and you expressly acknowledge and agree that your right to cancel your Services will be lost.

Model Cancellation Form

To: Y LABS LTD-mail address: [email protected]

To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.

We will send you an acknowledgement of receipt of your notice to cancel by email.

We will make the refund without undue delay, and no later than fourteen (14) days after the day on which we are informed about your decision to cancel your contract.

All refunds will be made using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the refund.

Your other rights of refund

You have legal rights in relation to Services that are not carried out with reasonable care and skill, that are not priced reasonably (if you haven’t agreed a price beforehand), or that are not performed within a reasonable timeframe (if you haven’t agreed a timeframe beforehand). If you believe that any Services that you have ordered do not conform with these terms, please contact our Customer Services Team to request a re-performance (if possible in the circumstances) or a refund at [email protected].

Limitation of Liability

Section 26 (Limitation of Liability) does not apply to UK Consumer Users and shall be replaced as follows:

Nothing in these terms excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; and
any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Whilst we make good faith efforts to include substantially accurate information in the Services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but accuracy cannot be guaranteed.

We do not guarantee that the Platform will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform and we recommend that you use your own virus protection software.

The Platform may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites or mobile applications linked to from the Site (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites or mobile applications. We will not be liable for any loss or damage that may arise from your use of them.

If you do not have a subscription Service: Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

If you do have a subscription Service: In respect of your subscription, our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these terms, whether in contract, tort (including negligence) or otherwise shall not exceed the greater of: (a) amount of the subscription Fees paid by you for the Initial Period or Renewal Period during which the liability arose; and (b) £100.

Miscellaneous

Section 27 (Disputes) and 28 (Miscellaneous) do not apply to UK Consumer Users and is replaced in their entirety by two new Sections as follows:

Updates to these terms

We may make changes to these terms from time to time and to the extent practicable we will give 30 days’ days’ prior notice of any material changes and, for paid-for subscription services, such changes will then take effect from the start of the next Renewal Period, unless the change is due to a change in law or for security reasons (in which case we may need to change these terms on shorter notice). Any use of the Platform and/or the Services after the notice period will be deemed acceptance by you of the changed terms.

Governing Law and Jurisdiction

These terms are governed by English law. This means that your access to and use of the Platform, your purchase of any Services from us, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by the law of England and Wales.

You may bring any dispute which may arise under these terms to, at your discretion, either the competent court of England or to the competent court of your country of habitual residence if this country of habitual residence is within the United Kingdom, which courts are (with the exclusion of any other court) competent to settle any such dispute.

We shall bring any dispute which may arise under these terms to the competent court of your country of habitual residence if this is within the United Kingdom or otherwise the competent court of England.

If you are a Consumer and are resident in the United Kingdom and we direct the Platform to (and/or pursue our commercial or professional activities in relation to the Platform in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms affects your rights as a consumer to rely on such mandatory provisions of local law.

Additional Terms for Specific Products and Features

Beta Features and Products

From time to time we may provide access for products or features still in “beta testing”, which means they are still in development and not fully released. They are likely to contain errors. You agree that any beta products or features are provided “AS IS” and “AS AVAILABLE.” You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue any beta product or feature (or any portion thereof) at any time and in our sole discretion, with or without notice to you.

Use beta features and products only for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta Software can cause any kind of damage. In particular, maintain full backups of any system that you choose to install beta features or products on.

If you encounter any bugs while beta testing, please contact [email protected] for assistance. Funcast may request or require that you provide suggestions, feedback, or data regarding your use of the Beta software, which you grant Funcast the right to use, dissect and repurpose at their sole discretion.

Product-specific terms and policies may also apply to your use of the Beta Product (the “Product Terms”). In such case, Product Terms will be made available to you (online or, prior to being made available online, as separately provided to you) and will also apply to your use of the Beta Product. For clarity, once we post Product Terms online (in the Platform Terms, in other supplemental terms, or otherwise), the online version of such Product Terms will supersede any prior versions provided to you. By continuing to access, test, or use the Beta Product after any modification to the applicable Product Terms, you agree to be bound by them.

Third Party Tools

YouTube API

Funcast utilizes YouTube’s API, and to the extent you use the YouTube API within Funcast, you agree to be bound to YouTube’s Terms of Service and Privacy Policy. You can find more information on YouTube’s terms here, and Google’s terms here. You can revoke Funcast’ access to your YouTube data here.

Channel Initiated Billing

Funcast utilizes PayPal’s Channel Initiated Billing, to process certain payments. Should you choose to opt-in to Channel Initiated Billing, you agree to be bound to PayPal’s Terms and Privacy Policy.

Tipping

Sending Tips

We allow you to send tips (also referred to as “donations”) through this Service using multiple payment methods. We reserve the right to change these payment methods at any time. We reserve the right to impose limits on the number of transactions you can send through our Service. When sending tips, the recipient is not required to accept or acknowledge them. You agree that you will not hold us liable for any unclaimed or unacknowledged tips.

By sending a tip or donation to the recipient, you agree that the card is your own and authorize us to charge each tip transaction in full. This charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back. You acknowledge that you are not receiving any goods/services in return for this tip.

You, the Tipper, have the option to pay for the processing fee at the point of the tip transaction. By checking the fee option, you agree to authorize us to deduct any associated processing fees as needed by the payment processor. Due to currency exchange discrepancy from our API and our payment processor’s API the total charge to the tipper may not match and any overcharged fees will be given to the creator. If you decide not to opt in to pay the fee, the creator is fully responsible for it.

Third Party Site Promotions

When using Funcast, you may have the option to utilize a third party site to earn credits for the use of Funcast as well as other promotional offers. You authorize Funcast to share information with these third party sites if you choose to take part in the promotion. You additionally agree to the Terms of Service of these third party sites when utilizing them, as well as the Terms of Service of Funcast when leaving the Funcast site to take part in the third party site’s interface to earn these credits or promotions. Funcast and the third party service reserve the right to withhold points earned for any reason. Funcast reserves the right to remove your account credit balance if you are in a breach of the Terms of Service, or suspected of a breach in the Terms of Service, on the third party site or on Funcast.

Receiving Tips

We reserve the right to collect a fee for tips received. Fees are subject to change without prior notification, it is your responsibility as the user to stay updated on Fees and changes to the Fees. When receiving tips, you are liable for any Chargebacks or disputes that may occur thereafter in association with those transactions. We are not liable for any charges that may be incurred from these Chargebacks or disputes. At any point our payment processors determine you are incurring excessive Chargebacks, your Funcast account may results in additional controls and restrictions on your balance.

You agree to send any type of identification that is asked for in order to complete a withdrawal request. You agree to pay a fee for any withdrawal. If bank account information and country of issuance are incorrect, you may be subject to a delay in your withdrawal and/or account deletion. If the country of issued bank account is incorrect, you will not be able to change it. You must contact Funcast support immediately.

By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from the card networks are settled into your account. We may make available to you information in the Funcast management dashboard regarding anticipated settlement amounts received on your behalf from the card networks and are being held pending settlement. This settlement information does not constitute a deposit or other obligation of Funcast or our payment processor to you.

This settlement information reflected in the Funcast management dashboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated bank settlement account. Your authorizations set forth herein will remain in full force and effect until your Funcast account is closed or terminated.

You agree to pay all fees assessed by us to you for providing our payment processors services. Tippers have the option to pay for your fee at the point of the tip transaction. Due to currency exchange discrepancy from Funcast’ API and our payment processor’s API the total charge to the tipper may be off by a minimal amount and any overcharged fees will be given to the creator. If they decide not to opt in to pay the fee, you are fully responsible for it.

Registration

To register your account to start receiving credit card tips, you must provide your personal information (which cannot be changed after registration) and bank account information. To enable withdrawals and transfers from your account, you must submit valid personal and bank information which will be sent for verification to our payment processor. This private information is never saved on Funcast’ website. You will able be required to submit valid government identification if requested by our payment processor for further verification. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete registration data.

If you provide any information that is untrue, inaccurate, not current or incomplete, or if our payment processor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, our payment processor may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Failure to submit required information may limit your ability to withdraw and/or transfer your pending balance.

To register your account to start receiving PayPal tips, you must provide your email associated with your Paypal account. Failure to submit the correct information may limit your ability to receive tips.

Chargebacks

For credit card tips, Funcast will be elected to contest Chargebacks assessed against you. You agree to provide us with the necessary information, in a timely manner and at your expense, to investigate or help resolve any Chargeback. You also grant us permission to share records or other information required with financial institutions and Card Networks to help resolve any disputes. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible Chargeback being assessed. If the Chargeback is resolved in your favor, the Chargeback amount and any associated fees will be recovered to your Funcast balance.

At any point our payment processors determine you are incurring excessive Chargebacks, your Funcast account may results in additional controls and restrictions on your balance.

For Paypal tips, you are solely responsible for contesting Chargebacks and disputes. You are liable for any Chargebacks or disputes that may occur thereafter in association with those transactions. We are not liable for any charges that may be incurred from these Chargebacks or disputes.

Reserves

You agree that a 60 day reserve may be accounted on your balance to cover any Chargebacks at the point of credit card tip sign up. This reserve may decrease or increase depending on the history and activity of your account.

In certain circumstances, we may determine that a Reserve on your account is necessary to provide the payment services to you. You agree that Funcast, in its sole discretion, will set the terms of a reserve on your account, where needed. Funcast will notify you of such terms, which may require that a certain amount (including the full amount) of the funds received for your transaction is held for a period of time or that additional amounts are held in a Reserve Account.

Withdrawal/Transfers

You may transfer funds from your available account balance once your bank account information is completely filled on your Funcast account. Funds from credit card tips are only available for transfer through bank accounts. You agree to send any type of identification that is asked for in order to complete a withdrawal request. You agree to pay a fee for any withdrawal.

If bank account information and country of issuance is incorrect, you are subject to a delay in your withdrawal and/or account deletion. If country of issued bank account is incorrect, you will not be able to change it. You must contact Funcast support immediately.

Handling of Funds

Fees

You agree to pay all fees assessed by us to you for providing our payment processors services. Tippers have the option to pay for your fee at the point of the tip transaction. Due to currency exchange discrepancy from Funcast’ API and our payment processor’s API the total charge to the tipper may off by a minimal amount and overcharged fees will be given to the streamer. If they decide not to opt in to pay the fee, you are fully responsible for it.