PAYGO TERMS OF SERVICE

PAYGO TERMS OF SERVICE

Last revised: March 16, 2021

Paygo Media, Inc. (“Paygo”, “our”, “we” or “us”) offers users (“User”, “you” or “your”) an online content publishing services as well as pay-as-you-go content purchasing services and other associated services (the “Services”), including via our website at paygo.media and through integrations with third party social media services, in accordance with the terms and conditions hereunder.

1. Acceptance of the Terms

By entering to, connecting to, accessing or using the Services, you acknowledge that you have read and understood the following Terms of Service (the “Terms of Service”), including the terms of our Privacy Policy (the “Privacy Policy”, collectively with the Terms of Service, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between Paygo and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES IN ANY MANNER.

When you request to explore Content published in Paygo, including when you wish to purchase certain premium Content, the Paygo Reader Terms will also apply.

2. The Services

Paygo provides Users an online service intended to enable Users to create, share and publish articles, blog posts and any other content (“Content”), and share such Content with readers, who may be users of third-party media platforms, such as Twitter and other third-party platforms (if and as Paygo decides to make available at its discretion, collectively referred herein as “Media Platform”).

The Services at this time are experimental and under development, and Paygo may continuously change, update its Services and the capabilities or offerings enabled therein. You acknowledge and agree that due to the experimental nature, the Services or any features and capabilities therein, may at any time be suspended, changed and/or offered in limited versions or limited locations.

3. Your Paygo Account

To submit your Content to the Services, you first must register and open  a Paygo Account (the “Paygo Account”). To complete your Paygo Account you will need to provide your name, e-mail and password or your login credentials to MediaPlatform (and to the extent required by MediaPlatform, any other details required to authenticate User).

You are responsible for maintaining the confidentiality of the login credentials (e-mail and password or Media Platform credentials) of your Paygo Account and for all activities that occur under your Paygo Account, whether by you or by anyone else (if you chose or allowed the disclosure of your credentials). We reserve the right to temporarily suspend or permanently terminate your Paygo Account if we determine that you or anyone using your Paygo Account violates these Terms.


If you wish to modify your Paygo Account information, or if you wish to terminate your Paygo Account, you may do so by contacting Paygo support available at help@paygo.media.

4. Content Requirements

We are excited to allow you the opportunity to share your Content with your readers. Our goal is enabling and streamlining dissemination of ideas and thoughts and promoting expression. However, certain Content and User activity is explicitly forbidden in order to observe safe and welcoming use for all Users of our Services. Violation of these requirement may, at Paygo’s sole discretion, result in removal of some or all related Content from the Services, termination of your account and/or access to the Services, and may also expose you to civil and/or criminal liability:

You may not submit content to the Services that violates any applicable law, offensive, or otherwise harmful to, or otherwise violates the rights of, others. This includes content that is harassing, violent, inappropriate, abusive, or willfully false and fake.

You may not publish any content which demeans, defames, or promotes violence against or threatens individuals on the basis of race, ethnicity, religious affiliation, national origin, sexual orientation or gender.

You may not submit content to the Services that infringes anyone’s intellectual property rights, or post other individual’s personal information without their express authorization and permission.

You may not publish any Content which is not aligned with the applicable Social Platform’s terms of service and content policies. Please refer to read the terms below:

Twitter - https://help.twitter.com/en/rules-and-policies#twitter-rules

Notice of violation: If you find Content which violates these requirements you may report us by sending an email to help@paygo.media.

5. Consideration

We believe that great content creators should be rewarded for their ideas and build their relationship with their  readers as they see fit. Therefore, our Services enables you to decide if you prefer to publish your Content at no charge for your readers, offer voluntary monetary contributions for access to your Content, or charge a fee for access to your Content by choosing to implement one of our various paywall options, as offered under your Paygo Account.

Through your personal dashboard available through your Paygo Account, you can track your Content’s performance, update paywall settings and review updated financial figures (“Creator Dashboard”). Please note that the Creator Dashboard is offered merely as a monetization tool intended to enable you to view your estimated consideration. In case of discrepancy between estimated earnings displayed under the Creator Dashboard and the actual payments received by Paygo, the later will prevail. You will be paid monthly as long as your earnings balance exceeds $100 at the end of each calendar month, and the payment will be processed and transferred to your chosen payment method within Ten (10) business days. Except to the extent explicitly agreed otherwise by Paygo and you in writing, Paygo will charge a commission rate of 20% of the Revenues collected from your Content, which will include costs related to processing of such payments. “Revenues” shall mean Price per User multiplied by number of Users who paid such price to access the Content. “Price per User” shall mean the price a User was charged (or opted to contribute) for accessing the Content. Revenues will not include Users’ access to Content if such access was purchased by using the complimentary promotional bonus which Paygo may elect to provide Users upon signup to the Services.

6. Additional Use Restrictions

The following are additional restrictions on the conduct and use of the Services. Violation of these restrictions may, at Paygo’s sole discretion, result in the termination of your access to the Services and may also expose you to civil and/or criminal liability:

You may not, whether by yourself or anyone on your behalf: (i) except as explicitly permitted hereunder copy, replicate, scrape, modify, create derivative works of, readapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the Materials on the Services and any other information, documents, material and data available on the Service (collectively, the “Materials”) in any way, or publicly display, perform, or distribute the Materials, without Paygo’s prior written consent; (ii) make any use of the Content on any other website or networked computer environment for any purpose without Paygo’s prior written consent; (iii) create a browser or border environment around the Services and/or Materials, link, including in-line linking, to elements on the Services, such as images, posters and videos, and/or frame or mirror any part of the Services, unless if expressly permitted; (iv) remove or delete copyright notices and signs indicating proprietary rights of Paygo, including copyright mark (©) or trademark (® or ™) (v) transmit, distribute, display or otherwise make available through or in connection with the Service any Materials, which may infringe third party rights, including intellectual property and privacy rights, or which may contain any unlawful content; (vi) transmit or otherwise make available in connection with the Service, and/or use the Services to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) use the Materials and/or the Service for any illegal, immoral or unauthorized purpose.

The Paygo service is meant to be a place to share great content with your followers. Paygo reserves the right to delete any content it deems, at its own discretion, to be illegal, stolen, inflammatory, offensive, fake, glorifying or promoting violence, racist or negative in any way.

7. Privacy Policy

We respect your privacy and are committed to protecting the information you share with us in connection with your use of the Services. Our policy and practices and the type of information collected are described in our published Privacy Policy. If you intend to connect to, access or use the Services you must first read and agree to the Privacy Policy.

8. Limited License

Paygo is granting you, subject to your compliance with these Terms, a limited, personal (for your personal non-commercial uses), not exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at our discretion, license, to access and use the Service and any Materials by displaying the Service and Materials on your computer, and downloading and printing pages from the Services. You hereby agree that upon Paygo’s request you will immediately return and purge from your systems all materials and copies of the same, collected, created or used in breach of these terms.

9. Feedback

In the event that you provide Paygo with any suggestions, comments or other feedback relating to the Services (collectively, “Feedback”), such Feedback is deemed as the sole and exclusive property of Paygo and you hereby irrevocably assign to Paygo all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and shall promptly inform Paygo as soon as you become aware of any third-party right or limitation which may apply to Feedback already provided by you.

10. Intellectual Property Rights

The Services, and intellectual property rights therein, including in an to related  logos, trademarks, graphics, icons, selection, assembly and arrangement, the Materials, Paygo’s trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” and any part thereof), whether or not registered and/or capable of being registered, and any and all Feedback, are and shall remain the sole property of Paygo or it licensers (hereafter “Paygo Intellectual Property”).

All other trademarks, Services marks, trade names and logos which may appear on or in connection with respect to the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to Paygo Intellectual Property or Third-Party Marks is granted hereunder.

As between Paygo and User, the User is and shall remain the owner of the original Content submitted and published under the Services by the User. Notwithstanding the aforementioned, User hereby grants Paygo a non-exclusive, perpetual, irrevocable, worldwide, assignable, sub-licensable, royalty-free, fully paid license to: (i) publish and make the Content publicly available including in connection with the Services, and (ii) use, modify, and make derivatives works of the Content in any way including to develop and enhance the Services. Other Users and users of the Social Platforms will be able to view and use Content you publish and may also violate your rights to such Content. You acknowledge and agree that Paygo is unable to control such third-party behavior and will not be liable to you for such violations or their consequences.

11. Third Party Components

The Services may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services and Paygo disclaims all liability related thereto. You acknowledge that Paygo is not the author, owner or licensor of any Third Party Components, and that Paygo makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

12. Disclaimer of Warranties

You shall remain solely responsible for Content submitted under the Service. You hereby agree not to wrongly imply that Content submitted and published under the Service is sponsored or approved by Paygo. These Terms do not obligate Paygo in any way to store, maintain, or provide copies of any Content submitted by you. Paygo explicitly disclaimed responsibility or liability to the loss of your or any other Content.

PAYGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICES, CONTENT (OR ANY PART THEREOF). THE SERVICES (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY, MATERIALS, CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. PAYGO AND ITS AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “PAYGO AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY MATERIALS, DATA, RESULTS, CONTENT OR OTHER INFORMATION AVAILABLE, OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICES.

PAYGO DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES AND/OR RELIANCE THEREON ARE ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

13. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PAYGO AND/OR ANY OF THE PAYGO AFFILIATES AND/OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, LOSS OF DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF PAYGO TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF PAYGO BY ANY OTHER CAUSE WHATSOEVER (INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY WEBSITES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, PAYGO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY MATERIALS, PAYGO’S LIABILITY OT THE EXTENT PERMITTED BY LAW SHALL IN NO EVENT EXCEED US$100.00. NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PAYGO’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF PAYGO AND/OR ANY PAYGO AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.

14. Indemnification

You agree to defend, indemnify and hold Paygo and any Paygo Affiliates harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) made against Paygo or any Paygo Affiliates due to or arising directly or indirectly out of or in connection with your Content or any other use of the Services.

15. DMCA Notice

It is Paygo’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you are a copyright owner or an agent thereof and believe that any Content shared in our Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA requirements to our copyright agent at: help@paygo.media.

16. Amendments to the Terms

Paygo may change these Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the Services and/or we will send you communication regarding such changes to the e-mail address or other detailed that you provided in the contact form. Such substantial changes will take effect seven (7) days after such notice was provided on our Services or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

17. Minors

To enjoy the Service, you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that individuals under the age of thirteen are not using the Service. In the event that it comes to our knowledge that an individual under the age of thirteen is using the Services, we will prohibit and block such User from accessing the Services and will make all efforts to promptly delete any Personal Information in accordance with our Privacy Policy.

18. General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the use of the Services will be governed by and interpreted in accordance with the laws of the State of New York, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Services will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts of the New York, NY.  If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Paygo's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Contact Us

If you wish to receive more information on these Terms, please contact us using the following details:

Paygo Media, Inc.

Email: help@paygo.media