Terms of Service

1. Introduction

Welcome to Priority Pings ("Service"), operated by Priority Pings ("Company", "we", "us", or "our"). By accessing or using the Service, you ("you", "User", "Fan" or "Creator") agree to these Terms of Service ("Terms"). If you do not agree, you may not use the Service.

2. Scope, Changes & Notice

• These Terms govern your use of our website, mobile apps, and related features, including incorporation by reference of our Privacy Policy, Cookie Policy, and GDPR Compliance policy.
• Material Changes: We will provide at least 30 days’ notice (email or prominent site notice) before material changes take effect. You may terminate your account before the change if you disagree.
• Non‑Material Changes: Effective immediately upon posting.
• Continued use after the effective date constitutes acceptance of revised Terms.
• Order of Precedence: In the event of any conflict between these Terms and any linked policy, these Terms will control unless expressly stated otherwise.

3. Eligibility & Account Registration

• You must be at least 13 years old (or the minimum age in your jurisdiction) to use the Service. Users under 18 must have parental or guardian consent.
• You agree to provide accurate, current, and complete registration information and update it as needed.
• You are responsible for maintaining the confidentiality of your credentials and all actions under your account.
• You agree to comply with all applicable laws, regulations, and industry standards in your use of the Service.

3.1 Third-Party Account Linking & Verification

• To confirm that you own a social handle (e.g. TikTok, Instagram, Twitter), we’ll ask you to connect via that platform’s OAuth flow. By doing so, you authorize us to read your basic profile information (username, display name, avatar, verification status, follower count, etc.) solely to confirm ownership and display a “Verified” badge on your Priority Pings profile. We do not post to your social feed, nor share your OAuth credentials with any other parties. If you revoke access on the third-party platform, your verified status here may be suspended until you reconnect.

4. Service Description, Fees & Taxes

• Priority Pings connects Fans and verified Content Creators by enabling Fans to send paid “Priority Pings” (messages) at Creator-set rates.
• There is no subscription fee. We collect a non‑refundable 5% service fee on each paid message transaction (exclusive of taxes and payment processor fees).
• Creators receive net earnings within 24–48 hours of transaction to their connected payment method.
• We reserve the right to modify fees or introduce new charges with 30 days’ notice.
• Taxes: You are responsible for all taxes, duties, and levies associated with transactions, and we may collect and remit taxes as required by law.

5. Refund Policy & Response Definitions

• If a Creator fails to respond within their stated response time, Fans may request a refund within 7 days of payment by contacting support@prioritypings.com.
• We will review refund requests and notify you of our decision within 14 days.
• Approved refunds will be issued to the original payment method, net of any payment processor fees.
• Failure to Respond: A valid refund request requires proof of no substantive reply (as determined by Company) within the Creator’s stated response window.

6. User Conduct & Prohibited Uses

• Harassment, hate speech, defamation, threats;
• Impersonation or misrepresentation;
• Spam, bulk messaging, unsolicited commercial communications;
• Unauthorized chargebacks or payment reversals;
• Reverse engineering, decompiling, or hacking the Service;
• Circumventing security features or usage limits;
• Use of the Service for money laundering or illegal financing activities.

Violation may result in suspension, termination, and liability for damages. You must comply with all applicable export control, sanctions, and trade laws when using the Service.

7. User Content & DMCA Compliance

"User Content" includes all messages, comments, and materials you post. You retain ownership, but grant us a worldwide, royalty-free, sublicensable license to host, use, distribute, and display your Content to operate the Service.

We will respond to copyright infringement notices under the DMCA. To file a notice, contact our designated agent at support@prioritypings.com with full details.

8. Intellectual Property

All Service content, trademarks, logos, and software are our property or licensed to us. You may not copy, reproduce, modify, create derivative works, or publicly display any of our IP without prior written consent.

9. Payment Processing, Third-Party Services & Communications

• Payment Processors: We integrate with PayPal, Stripe, and other third‑party processors to facilitate transactions. All payments are processed by these partners.
• PayPal API Integration: Use of PayPal services is governed by PayPal’s terms, including the PayPal Developer Agreement and Acceptable Use Policy. You acknowledge that PayPal is not a party to these Terms and that any disputes regarding PayPal payments or data privacy must be raised directly with PayPal.
• Compliance: You agree to comply with PayPal’s and other processors’ policies, including anti-money laundering (AML), know your customer (KYC), and sanctions checks.
• Liability: We are not responsible for errors, delays, or failures by payment processors, and disclaim any liability for processor fees, chargebacks, or transaction disputes.
• Electronic Communications: By using the Service, you consent to electronic communications (email, in-app notifications, SMS) for all account, transaction, and legal notices.

10. Disclaimers & No Warranties

THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR‑FREE OPERATION, RESPONSE TIMES, OR EARNINGS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT ARE EXPRESSLY DISCLAIMED.

11. Limitation of Liability & Force Majeure

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE SIX MONTHS PRIOR TO THE CLAIM.
• We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, strikes, acts of government, or network outages.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, or expenses arising from your breach of these Terms, violation of law, or infringement of third-party rights.

13. Assignment

Company may assign or transfer any of its rights and obligations under these Terms without restriction. You may not assign or transfer any rights or obligations without our prior written consent.

14. Termination & Effect of Termination

• We may suspend or terminate your access immediately for any breach or unlawful use.
• Upon termination, your right to use the Service ends and we may delete your content. Termination does not relieve you of obligations incurred prior to termination.
• You may terminate by deleting your account; refunds, if any, are subject to Section 5.

15. Governing Law, Arbitration & Class Action Waiver

• These Terms are governed by the laws of the State of New York, USA, without conflict-of-law rules.
• Any dispute will be resolved by individual, binding arbitration under the American Arbitration Association’s Commercial Rules in New York, NY, in English.
• Class Action Waiver: YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
• If the arbitration provision is found unenforceable, disputes will be resolved exclusively in state or federal courts in New York County, NY.

16. Miscellaneous

• Severability: If any provision is invalid or unenforceable, the remainder will remain in effect.
• Waiver: No waiver is effective unless in writing.
• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and GDPR Compliance policy, constitute the entire agreement regarding your use of the Service.