Terms and Conditions
Last update: Jun 15, 2023
General
- We, MEETTY—FZCO, a Free Zone Company with limited liability established and existing under the laws of the International Free Zone Authority, Dubai, the United Arab Emirates, registration number DSO-FZCO-23973 (“we”) hold and operate our website at https://meetty.com (“Meetty” or the “Service”).
- The access to the functionality of the Service available for authorized users (the “Access”) may be granted to the following general categories of users (any of them, a “User”):
- natural persons who are bloggers, influencers or other creators of content (any of them, an “Influencer”);
- natural persons who are registered at the Service as fans (any of them, a “Fan”).
- Where the Access to the Service is granted to its Eligible Users (as defined below), Meetty allows:
- a Fan to book a video and audio meeting with an Influencer with a limited duration chosen by such Fan at any time such Influencer is available according to its schedule subject to the Influencer’s confirmation of such meeting (the “Meeting”);
- an Influencer to set the schedule of availability for participation in the Meetings and the gross remuneration that such Influencer intends to receive per a specific period of time spend at a Meeting;
- a User to manage her / his “friend” list at the Service by adding other Users to a “friend” category with their consent and accepting such applications;
- a User to edit her / his profile by adding a username, first name, last name, a personal avatar image or photo gallery as well as other features of the User’s profile available for editing from time to time at the Service;
- an Influencer to benefit from our referral program when inviting a new User becoming an Influencer at the Service, as described at the Service from time to time,
all of the foregoing pursuant to the terms and subject to the conditions set out in these Terms and Conditions (the “Terms”).
Agreement with Terms
- Please read these Terms carefully and consider whether you have any misunderstanding of the Terms. You may address all of your questions or concerns in connection with the Terms to us at (“Our Contacts”):
- Name:
- Shanice Pillay
- E-mail:
- help@meetty.com
- Address:
- Techno Hub 1, C-01, Silicon Oasis, Dubai, the United Arab Emirates
We will be happy to make the Terms clear to you.
- Once you have indicated your consent to the Terms (including by clicking “I Agree” button with the Terms at the Service), or in case you register at the Service as a User, or use the Service (or continue to use it), you thereby accept these Terms and enter into a legally binding agreement with us governing the terms and conditions of granting the Access to the Service to you and your use of the Service.
- If you disagree with any of the provisions of the Terms or do not understand it in full, please do not agree with the Terms and immediately cease to use the Service in case you have already started to use it (unless you understand the Terms and agree with it).
- The terms “other”, “including”, “include”, “for example” or any similar expression used in these Terms are illustrative and will not limit the meaning of the words accompanying those terms (for example, “includes” means “includes but not limited to”).
- A reference to a “clause” is deemed to be a reference to a clause of these Terms.
- Any reference to a “Business Day” will be interpreted as a reference to a day which is not a Saturday, a Sunday or a bank or public holiday in Abu Dhabi or Dubai, the United Arab Emirates.
Change of Terms
- Please check the current version of the Terms at our Service when you use it. It will be your responsibility to do so.
- We may change the Terms from time to time and publish its actual updated version at https://meetty.com/terms-of-use/, indicating the effective date of the relevant version.
- We may notify you of the changes by means other than its publication at the Service, but we are not obliged to procure such notification.
- If you use the Service after the updated Terms are published at the Service, you thereby give, and you are deemed to have given, your consent to the changes and the terms of the altered legal agreement with us.
- If you do not agree with the changes of the Terms, you must stop using the Service immediately.
- In any event, such changes to the Terms will not affect our or your claims or disputes linked to the facts and circumstances relating to the use of the Service before the update of the Terms, unless we and you agree otherwise.
Privacy Policy
- We value your privacy.
- We process your personal data according to our Privacy Policy. Please find its actual version at https://meetty.com/privacy-policy/.
- If you disagree with any of the provisions of the Privacy Policy, or do not understand it in full, please do not give your consent with it and immediately cease to use the Service, if you have already started such use.
Eligible users
- The Access to the Service will be granted only to a user who meets all of the following requirements:
- a natural person of full legal capacity to enter these Terms and to use the Service pursuant to the applicable laws (being of the age of majority with not limited capacity etc.), or a person whose legal capacity is limited (as a minor or otherwise) but acting by her / his legal representative(s) empowered by law to act in her / his name (parent(s) or other representative(s), as the case may be) who have given their consent to such natural person’s use of the Service
(the “Natural Person”);
- a natural person of full legal capacity to enter these Terms and to use the Service pursuant to the applicable laws (being of the age of majority with not limited capacity etc.), or a person whose legal capacity is limited (as a minor or otherwise) but acting by her / his legal representative(s) empowered by law to act in her / his name (parent(s) or other representative(s), as the case may be) who have given their consent to such natural person’s use of the Service
- a Natural Person who has agreed with the Terms;
- a Natural Person whose account at the Service has not been blocked by us earlier on the grounds set out in these Terms.
- If you are a parent or other representative of a child or minor, please be notified that you may use parental control protection of your child or minor from any unfavorable or harmful content. Please note you may access such services by searching the same in the Internet or in your local media. It will be your responsibility to ensure relevant safeguards.
- If you are not an Eligible User, you must cease your registration process or use of the Service immediately.
- If you are an Eligible User, then you may proceed with registration at the Service by entering the information about you in the relevant section of the Service.
Registration
- To gain Access to the Service, an Eligible User needs a personal account at the Service. Such account is created when an Eligible User completes the registration at the Service.
- The registration process may be changed by us from time to time in order to meet the requirements of law or our business or commercial needs.
- Initially, each Eligible User registers as a Fan, and after completion of such registration she / he may take additional steps to change her / his status to an Influencer.
- To complete registration at the Service, the Eligible User must enter true and valid information about such Eligible User required to be filled in at the relevant section of the Service from time to time.
While this version of the Terms is effective, such data includes the Eligible Person’s social media profile at Google, Facebook or Twitter (the “Social Media Account”) to be used by the Eligible Person to authorize herself / himself at the Service.
- Each time you enter any information for registration at the Service (including in an Influencer registration form) or for payments to be made under these Terms (including the information relating to your tax residence), you warrant us that such information is valid, true and accurate.
- To complete the registration, the Eligible User has to authenticate herself / himself by using relevant chosen Social Media Account. If we do not get access to your e-mail linked to such Social Media Account for any reason, to complete the registration, you will be required to indicate your personal and valid e-mail address at the Service and confirm the registration by following the link sent by us at her / his such e-mail address.
- After completion of the registration, the Eligible User may log into her / his account at the Service multiple times by authentication via relevant Social Media Account chosen at the registration (which will be a general authentication method) or, only in case we make such function available at the Service from time to time, via login and password granted to her / him after completion of the registration (as applicable).
- We grant Access to the Service only to the authorized Users. In any event the Eligible User is wholly responsible for her / his authentication data, including the access to the Social Media Account or passwords. If the Eligible User has no possibility to log-in with the Social Media Account used at the registration or relevant password (in case of loss or otherwise), we will generally deny to grant the Access to the Service. Notwithstanding the foregoing, we may, but not obliged to, recover such Access at our discretion, if we are satisfied with the proof that a person attempting to receive access to a certain account is the actual Eligible User who holds such account.
- Each account at the Service is personal. Each User must keep its authentication data (including the access to Social Media Account authentication or password) in complete secrecy, must take all necessary action and measures to keep it in secrecy and must not disclose or make it available to any other person. If a User commits a breach of this provision, or in case any person, other than the relevant Eligible User, gets Access to the account at the Service, we may, at our absolute discretion, block such User’s account and cease the Access to the Service immediately without any compensation or refund.
- Any action made via use of the User’s account at the Service will be deemed as an action of such User, no matter who has actually taken such action.
- A User who suspects or becomes aware that such User’s account is used by any other person, must notify us thereof immediately.
- After completion of the registration, the Eligible User may use its account at the Service, including the following:
- to enter, change, delete, or refrain from filling-in, additional data in her / his profile at the Service, including username, avatar image or photo, brief description about the Eligible User, links to Eligible User’s social media profiles, or location;
- to take steps to switch her / his status at the Service to an Influencer;
- to check her / his history of payments relating to the Meetings;
- to use the Service otherwise as a Fan, as may be available at the Service from time to time.
- If a registered Eligible User intends to become an Influencer:
- she / he must fill-in a special form for registration as an Influencer, as available at the Service from time to time, including her / his name, phone number, date of birth, full address, short bio and her / his photo where she / he holds her / his driver license, national passport or ID card with a handwritten note indicating her / his name and the date when the photo is captured, as well as any information that may be requested by us in such a special form from time to time in order to ensure that we, or our payment processor or provider, or a relevant bank may make or process the payments to such Influencer in compliance with the applicable laws and regulations and relevant policies and practices of such payment processor or provider, or a relevant bank;
- she / he must send all the additional information as may be requested by us at our discretion after she / he completes the form specified above (in order to comply with the applicable laws, or otherwise);
- she / he is to be approved by us as an Influencer. We may give such approval or decline the application in our absolute discretion. In any event, our decision will not depend on any unlawful or discriminatory practice.
Meetings
- A registered Influencer may set up her / his schedule at the Service when she / he is available for any potential Meeting, if booked by the Fans through the Service (the “Timetable”). The Timetable may be changed at any time, but such change will not affect the Meetings having been already booked and confirmed before the change (the Influencer must participate in such Meeting, notwithstanding the change of her / his Timetable).
- A registered Influencer may specify a flat gross amount of remuneration for her / his participation in the Meetings (in United States dollars) per 10 (ten) minutes of her / his Meeting with a Fan (the “Pricing”). The Pricing may be changed at any time, but such change will not affect the Pricing for the Meetings having been already booked before the change is made (the Influencer must participate in such Meeting, notwithstanding the change of the Pricing).
- By using the Service, a Fan may choose an Influencer for a Meeting and book a Meeting with her / him with a specified duration of 10 (ten) minutes or a multiple of 10 (ten) minutes (for example, 20, 30 or 40 minutes etc.) through the Service within such Influencer’s Timetable for the following 7 (seven) calendar days, according to the applicable Pricing (“Booking”). The Fan may accompany its application for Booking with a commentary.
- Completion of Booking is conditional upon all and each the following:
- the Influencer has no other Meeting booked at the Service at the same time as requested by the Fan;
- at the Service, the Fan indicates a payment method that is specified as available at the Service and acceptable by us at the Service as of the date of such Booking;
- the Fan pays a fee for the Access to, and use of, the Service, to be calculated as a United States dollar amount for a booked duration of the Meeting according to the applicable Pricing of the relevant Influencer, to us (or to a payment agent or processor, or to an Influencer thought a payment processor, as may be required at the Service from time to time) (the “Booking Fee”);
- the Fan specifies the state or territory of the Fan’s tax residence and, if and to the extent reasonably requested by us, provides us with all the requested information and documents that confirm such tax residence status;
- such payment is acceptable to us or our payment processor or provider according to our or their practices and legal requirements;
- the Influencer confirms such Booking not later than 10 (ten) minutes prior to the expected time of the start of the Meeting.
- If conditions 7.4.1-7.4.5 are complete and 7.4.6 is not, the Fan can cancel the Meeting. If the Fan cancels the meeting then the Fan will pay us Fee for Cost Coverage in amount equal to 20% (twenty per cent) of the Meeting Booking Fee and the rest 80% of his Booking Fee will be subject to refund.
- If Booking of the Meeting is complete:
- the Influencer must participate at the Meeting personally and timely, provided that being late for 5 (five) minutes or less is not considered as a breach of this clause;
- if the Fan cancels the Meeting, or is late for it for more than 5 (five) minutes, or does not participate in it, then the Meeting is deemed happened, and no Booking Fee will be subject to any refund;
- if the Influencer cancels the Meeting, or is late for it for more than 5 (five) minutes, or does not participate in it, then the Booking Fee is to be returned to the Fan in full within following 30 (thirty) calendar days, and the Influencer will pay us an additional Fee for Cost Coverage (as defined below) as set out in clause 9.3.2 in amount equal to 20% (twenty per cent) of the Meeting Remuneration for such Meeting;
- if the Influencer is late for the Meeting for 5 (five) minutes or less and has another booked Meeting starting immediately after the booked ending time of the Meeting she / he is late for, then a part of the Booking Fee proportionate to the time of the Influencer’s absence (basing on the applicable Pricing) (the “Proportionate Partial Refund Amount”) is to be returned to the Fan within following 30 (thirty) calendar days, and the Influencer’s Meeting Remuneration for such Meeting will be automatically reduced by the Proportionate Partial Refund Amount.
- The Meetings must be held via video and audio conferencing tools, services or widgets integrated into, or available at, the Service from time to time (VoxImplant or other) (the “Service’s Tools”). For the avoidance of doubt, no other video or audio tools or service may be used by any Users to conduct the Meeting without our prior consent.
- The Meeting (the “Respective Meeting”) starts with the Service’s Tools automatically at: (i) the begging of the time specified at Booking; or (ii), if the Influencer is late for it for 5 (five) minutes or less and has no another booked Meeting starting immediately after the booked ending time of the Respective Meeting, at the moment when the Influencer joins the Respective Meeting. The Meeting lasts for the booked period of time and automatically terminates at the expiry of the booked period of time, unless:
- the Fan leaves the Meeting before such time expires for any reason—then the Meeting is deemed happened, and no Booking Fee (whether in whole or in part) will be subject to any refund;
- the Influencer leaves the Meeting after pushing the “alarm button”, provided that promptly thereafter the Influencer will send us a report or complaint evidencing unlawful or Inappropriate Behavior of the Fan or the fact that the Fan has shared or demonstrated the Forbidden Content (as defined below) at the Meeting.
- You are responsible for configuring your information technology, software and hardware to use the Service as well as for virus protection software. Your technical ability and condition to participate in the Meeting is your own and sole responsibility. Please check your browser, software, device, Internet connection and your possibility to use the Service’s Tools carefully prior to the Meeting. If you fail to join the Meeting or participate in it, or fail to enjoy any of its aspects, or suffer from your bad Internet connection or the quality of your microphone or camera, due to your actual technical ability or condition to participate in the Meeting, it will be your own responsibility, and neither we nor the other Users are responsible for such failure.
- After the Meeting with the relevant Influencer is completed, the Fan may send a request to add such Influencer to the Fan’s “friend” list. Such Influencer may accept such invitation or not, at any time, at her / his discretion.
- Any Influencer may send a request to add any Fan to the Influencer’s “friend” list. Such Fan may accept such invitation or not, at any time, at her / his discretion.
- As long as any two Users remain to be “friends” at the Service, the Service may allow such Fan and such Influencer to send messages to each other. Please note we do not moderate or check in any manner such messages and are not responsible for its contents, and such messages are not generally encrypted when sent at the Service. If you do not agree with it, please stop using such function at the Service.
Tips
- The Fan may also use the “Leave tips” function with respect to any Influencer, if and to the extent such function is available at the Service from time to time.
- Such “Leave tips” function of the Service enables the Fan to pay us an additional fee in any amount for the Access, and the use of, the relevant function of the Service that includes the following:
- the relevant Influencer’s “balance” at the Service, indicating the balance of the amounts paid by, or owed to, the Influencer at the Service (the “Balance”), will be topped-up by an equivalent amount as paid by the Fan;
- the relevant Influencer will receive notification at the Service of such top-up;
- if and to the extent such function is available at the Service from time to time, the relevant Influencer will receive the Fan’s text commentary and (or) emoji left by the Fan when using the respective “Leave tips” section of the Service.
Influencers: Remuneration and Fees
- The Influencer’s Balance is automatically topped-up when a booked Meeting is completed or in case such Meeting is deemed happened, as specified in these Terms above, by the amount equal to a United States dollar amount for a booked duration of such Meeting according to the applicable Pricing of such Influencer as of the time of the Fan’s application for Booking such Meeting (the “Meeting Remuneration”). Such Meeting Remuneration shall be automatically reduced by the Proportionate Partial Refund Amount if the Influencer is late for the relevant Meeting for 5 (five) minutes or less and has another booked Meeting starting immediately after the booked ending time of the Meeting she / he is late for.
- The Influencer’s Balance is automatically topped-up when a Fan uses the Services function “Leave tips” with respect to such Influencer by the amount paid us by the Fan (the “Tips Remuneration”).
- Each Influencer shall pay us, and we may charge, or withhold, or set-off from the amounts payable to such Influencer:
- a fee for the Access to, and the use of, the Service each time when any Meeting Remuneration or any Tips Remuneration is added to the Balance (the “Remuneration Received”) of such Influencer (the “Influencer Fee”). The amount of the relevant Influencer Fee is equal to 20% (twenty per cent) of the Remuneration Received or other percentage as agreed by us with a relevant Influencer;
- an additional fee for the Access to, and the use of, the Service each time when the Influencer cancels the Meeting, or is late for it for more than 5 (five) minutes, or does not participate in it, or leaves it without permitted cause before the booked time of the meeting expires, each if Booking of such Meeting has been completed (the “Fee for Cost Coverage”); the amount of such Fee for Cost Coverage will be equal to 20% (twenty per cent) of the Meeting Remuneration for such Meeting.
The Balance will reflect the amount of the applicable Influencer Fees and Fees for Cost Coverage, and the Balance will be decreased accordingly.
- The Influencer may participate in our following referral program:
- the Influencer (the “Referring Influencer”) may share her / his unique promo code generated at the Service with any other person in order to invite such person to join the Service as an Influencer;
- if such person enters such promo code while registering its account at the Service and such person becomes an Influencer in accordance with these Terms thereafter (the “Invited Influencer”), then each time when any Meeting Remuneration is added to the Balance of the Invited Influencer within 6 (six) calendar months following her / his registration at the Service, the Referring Influencer’s Balance will be automatically topped-up by the amount equal to 2% (two per cent) of such Invited Influencer’s Meeting Remuneration.
Payments
- If the legal agreement with a User on these Terms is terminated by such User or by our mutual agreement with such User, we will pay the User the amount of the Balance remaining as of the moment of such termination.
- If the Influencer’s Balance exceeds 200 (two hundred) United States dollars, the Influencer may require us (at the relevant section at the Service) to pay to such Influencer the amount of the Balance as of the date of such request (the “Payment Request”). For the avoidance of doubt, we will pay the Influencer her / his remuneration for cooperation with us while using the Service and her / his participation in the Meetings (all the amount that top-up the Balance) less our applicable Influencer Fees and Fees for Cost Coverage, that will be deemed set-off against the equivalent amount of the Influencer’s remuneration (all the fees that decrease the Balance); the Balance may be negative (below zero), zero or positive (above zero).
- We will proceed with such payment upon a relevant Payment Request within 15 (fifteen) Business Days from the date when we receive such Payment Request according to the payment method indicated by the Influencer being available at the Service.
- Notwithstanding anything to the contrary set out in these Terms:
- amounts payable to the Users by us will be made without grossing-up, e.g., all the taxes, deductions, withholdings, commissions and charges arising out of, or in connection with, such payments will be borne and declared solely by the User and solely at the User’s cost;
- any payment due to the Users may be suspended by us until it becomes acceptable to us or our payment processor or provider or bank according to our or their practices and legal requirements;
- we may, at our absolute discretion, choose the payment provider, agent or processor to effect any payment to the Users from time to time.
Prohibited behavior and content
- The following is strictly forbidden for any User while using the Service (when completing registration, editing the profile information, using the Service’s functions, uploading any data, content or material to a User profile at the Service, participating in the Meetings, demonstrating any data, content or material at the Meetings, including any data, content or material in any communication with us or other Users at the Service etc.), and you will not do, or commit, or attempt to do, or facilitate, or approve, or propagandize, anything of the following while using the Service:
- any transfer of the User’s account at the Service to any other person, or giving any other person a possibility to gain the access to such account through sharing the authentication data, login / password or otherwise;
- use of the Service for any purpose other than set out in these Terms (for example, scraping of the Service or any of its parts (except for Google or a similar search engine indexing in good faith), reverse engineering or decompiling its code, gambling etc.) or avoiding payment procedures to be otherwise conducted through the Service;
- any unlawful activity or violation of any applicable law (including according to the laws of the states of residence of the Users engaged in such activity, or the laws governing these Terms, or the laws of the state of our incorporation);
- any infringement of the rights of any third party including any copyright or other intellectual property rights;
- any behavior that may be reasonably deemed as pornography or as sexual activity;
- insulting, obscene, lewd, defamatory, hate, or libelous speech;
- discrimination of any kind;
- behavior that may be reasonably considered as antisocial, disruptive or destructive; or
(“Inappropriate Behavior”)
- uploading, demonstrating or generating any content or materials (the “Forbidden Content”):
- violating any laws or regulations;
- violating any third person’s rights;
- not owned by you or not licensed to you with the rights to use it at the Service with a right to grant the licenses specified in clause 13.2 below;
- containing pornographic content of any kind or demonstration of behavior that may be reasonably deemed as sexual activity;
- that is subject of any third party’s consent or approval (photos, personal data etc.), provided that it has not been granted by such third party;
- containing insulting, lewd, defamatory, hate, or libelous speech;
- being harmful, untrue, threatening, abusive, discriminatory, violent, indecent, harassing, menacing, blasphemous, or racially or ethnically offensive;
- that may be reasonably considered as inappropriate or likely to cause undue distress to any other person;
- determined by us, in our sole discretion, as inappropriate.
- We may, at any time and at our sole discretion, block the account of any User without any refund or payment of any remuneration and (or) delete any Forbidden Content if we become informed of Inappropriate Behavior of such User or of demonstration of the Forbidden Content by such User at the Service, including at any Meeting or in its profile at the Service. Our reasonable determination whether a User is to be blocked due to Inappropriate Behavior or demonstration of the Forbidden Content, or whether the User’s content qualifies as the Forbidden Content, will be final and binding on such User.
- We will process the relevant reports or complaints from the Users or any other persons or authorities as soon as reasonably practicable, but in any event within 15 (fifteen) Business Days from the date of receipt of such report. We are ready to cooperate with the competent authorities and investigate any alleged unlawful use of the Service.
- You must not do anything that is connected with any attempt to gain unauthorized access to the Service or any User’s account, or that may affect in any manner normal operation of the Service, or its security, or security of the data contained in the Service, including other Users’ accounts and the data uploaded by them (for example, using any harmful program or virus, initiating a DDOS attack or disproportionately large traffic or excessive number of requests to the Service etc.).
Intellectual property
- Subject to all the provisions and requirements of these Terms, we grant to each registered Eligible User a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the Service for the personal use only in a manner that is lawful, compliant with these Terms and consistent with the general front-end functionality of the Service. Any other use of the Service will be prohibited, unless you receive our prior written consent to such use.
- Such license may be revoked and terminated by us at any time and for any reason, including in case of your breach of these Terms.
- The Service may contain links to other websites or services that we do not operate or control. Please note that use of such websites or services is not covered by these Terms, and it is your responsibility to read the relevant terms of use of such websites or services by yourself carefully and decide whether to accept them and to continue to use such external websites or services.
User generated Content
- All the materials, including any speech, images, photos, videos, texts or literature, or other content uploaded by the Users to their profiles at the Service, demonstrated at the Meetings, included by them in any communication with us or other Users at the Service (the “Users’ Content”), are owned by such Users only.
- By uploading or demonstrating any Users’ Content at the Service and consenting with these Terms, you grant:
- us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute (including publicly), prepare derivative works of, display, and perform your User Content at the Service, for the purpose of operating the Service and performance of these Terms;
- each of our Users a worldwide, non-exclusive, royalty-free license to access such Users’ Content with our facilitation at the Service, use, reproduce, display, and perform such Users’ Content to the extent necessary to use the Service and to comply with these Terms.
- By uploading or demonstrating any Users’ Content at the Service you warrant us that it complies with the Terms and that it does not contain any Forbidden Content.
- We do not own such Users’ Content. The Users’ Content is not verified or approved by us when posted. As the Users individually generate and post the Users’ Content, and we are not responsible for it, and you may see it at the Service on “AS IS” basis. Please ensure you agree with it prior to consenting with these Terms.
- Any opinion, view, position, or other communication of the User posted or made available by such User to any other person through the Service (in profile information at the Service, at the Meetings, in any communication with us or other Users at the Service etc.) is the User’s opinion, view, position, or other communication, but not ours. We are not responsible for it.
- We will respond to notifications of alleged copyright infringement or infringement of other intellectual property rights and will take appropriate actions including removing or disabling access to the allegedly infringing Users’ Content and, if deemed appropriate by us, blocking the relevant User. Please see the relevant procedure in clause 16 (‘Contact Us’) below.
- You must not copy, reproduce, distribute, post or publish, or otherwise use any Users’ Content, including any recording of any Meeting, for any purposes, other than permitted under these Terms, without our prior consent and prior consent of its owners (in case of any recording of any Meeting, being the other participant of such Meeting).
- If the Users’ Content depicts any person, other than the User providing or generating such Users’ Content, the User will procure that such third party has given consent to be so depicted and to demonstration of the Users’ Content at the Service.
Indemnity
- For the purpose of these Terms, the term “Loss” means any loss, cost, damage, expense, payment, liability or obligation incurred or suffered.
- In addition to other remedies we may have, you will, to the maximum extent permitted by the applicable laws, indemnify us, our affiliates, business partners, shareholders, employees, officers and directors, and hold such persons harmless against any Loss of the any of the foregoing persons that is caused due to your use of the Service or your Users’ Content; or your breach of these Terms; or your actual or alleged violation of any law or any rights of any person, including intellectual property and privacy rights in connection with use of the Service. Any of such persons may require you to follow their directions in conduct of such claims that may affect the amount of the Loss.
No warranties; limitation of liability
- By accepting these Terms and using the Service, you agree that your use of the Service is at your own risk only.
- Such license and the Access to the Service is granted by us on “AS IS” basis, without warranties of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Such warranties are hereby expressly disclaimed by us, to the maximum extent permitted by the applicable laws.
- We do not warrant or guarantee:
- that the Service is compatible with all devices and operating systems; it is your sole responsibility to determine whether or not the Service is compatible with your device or other tools or equipment;
- accuracy, usefulness, completeness, or reliability of the Service or any of its parts, or the results of your use of the Service, and we hereby disclaim all and any liability arising from any reliance on such information by you or any other person;
- that the Service or any of its elements or functions will be available at any time or location, secure, uninterrupted, free of errors, viruses, and other harmful components, or any of them will be cured, and we hereby disclaim any liability in case anything of the foregoing occurs or you or your device is affected by any harmful effects of the foregoing, to the maximum extent such limitation of liability is permitted under the applicable laws.
- For the avoidance of doubt, we may withdraw, suspend or limit the availability of the Service or any of its functions for our business and operational reasons at any time.
- To the maximum extent such limitation of liability is permitted under the applicable laws:
- we, as well as our affiliates, business partners, shareholders, employees, officers and directors, will not be liable to any User for anything that is expressly indicated in these Terms as your area of responsibility or control or the area of responsibility or control of other Users;
- unless caused by gross negligence or intentional misconduct, we, as well as our affiliates, business partners, shareholders, employees, officers and directors, will not be liable to you for any direct, indirect, special, consequential, statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Service or its parts, functions or content. This exclusion applies regardless of theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages;
- we, as well as our affiliates, business partners, shareholders, employees, officers and directors, will not be liable to you for any damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of privacy, or computer failure related to your access of or your inability to access the Service or its parts, functions or content. This exclusion applies regardless of theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages;
- the aggregate liability of us or our affiliates, business partners, shareholders, employees, officers or directors, before a User will not exceed the amount of the fees paid to us under these Terms by such User.
- By accepting these Terms or using the Service, you thereby release us, as well as our affiliates, business partners, shareholders, employees, officers and directors, from any liability arising out of other Users’ Content, or the behavior of other Users or any other persons, or any controversy between you and other Users or any other persons.
- Notwithstanding anything to the contrary as set forth above, we do not exclude any liability under the Terms where it would be unlawful to do so pursuant to the applicable laws (for example, for fraud or fraudulent misrepresentation etc.).
Contact us
- You may send to us, using Our Contacts, any report, or complaint, or claim / notice linked to any copyright infringement (according to the Digital Millennium Copyright Act (the ‘DMCA”)) relating to the Service, or its use, or other Users’ behavior, or the Users’ Content (the “report or complaint”).
If the report or complaint relates to the copyright infringement, then you must include:
- identification of the copyrighted work;
- identification of the alleged infringing material (with URL link);
- your name, title (if acting as an agent), address, telephone number, and e-mail address;
- a statement that the report or complaint is made in good faith.
- a statement, made under penalty of perjury, that the report or complaint is accurate and that the person is authorized to make it; and
- a physical or electronic signature of the person making the report or complaint.
In any other case, your report or complaint must be given in reasonable detail and is evidenced with true and accurate information, proof or material that may allow us to resolve the issue properly.
- If the report or complaint does not refer to a copyright infringement:
- We will process such report or complaint as soon as reasonably practicable, but in any event within 15 (fifteen) Business Days from the date of its receipt by us, and will resolve the issue in good faith including by suspending access to, or deleting, the information violating the law or third party’s rights or the Forbidden Content, or blocking the account of the User violating these Terms etc.
- You may appeal our decision within 15 (fifteen) Business Days after we take such decision on your report or complaint. Such appeal may be served on us using Our Contacts.
- We will process such appeal as soon as reasonably practicable, but in any event within 15 (fifteen) Business Days from the date of its receipt by us, and will resolve the issue in good faith taking the appeal into account.
- If the issue remains not resolved by you and us, it is to be resolved as set out in clause 26 (‘Dispute Resolution’) below.
- If the report or complaint does not refer to a copyright infringement:
- Please note that we respect the intellectual property rights of the others seriously and require that our Users to follow the same approach. We qualify as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the DMCA. Accordingly, we are entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We observe and comply with the DMCA, and have adopted the following “notice and takedown policy” relating to claims of copyright infringement by our Users.
- You may submit your copyright infringement claim to Shanice Pillay at help@meetty.com or Techno Hub 1, C-01, Silicon Oasis, Dubai, the United Arab Emirates.
- Your claim must comply with the DMCA and the requirements specified in clauses 16.1.1 -16.1.6 above.
- We will review your submission and take whatever action we deem appropriate under the DMCA, including the removal of the challenged content from the Service. Furthermore, we may, in appropriate circumstances, disable access or block the account(s) of the reported User(s), including a User repeating the copyright infringements.
- The owner of the allegedly-infringing content may submit a DMCA counter-notice to Shanice Pillay at help@meetty.com and Techno Hub 1, C-01, Silicon Oasis, Dubai, the United Arab Emirates.
- Such counter-notice must comply with the requirements of the DMCA and must include the following:
- the name, title (if acting as an agent), physical address, e-mail address, and phone number;
- a reasonable identification of the content that has been removed or to which access has been blocked;
- statement under perjury containing the following or equivalent: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;
- consent to jurisdiction containing the following or equivalent: (i) if based in the United States: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my provided address is located”; or if based outside of the United States: “I consent to the jurisdiction of any United States Federal District Court in which Meetty may be found”;
- consent to service of process containing the following or equivalent: “I will accept service of process from the person who provided the original notification or an agent of such person”; and
- an electronic or physical signature of the owner of the copyright or the person authorized to act on such owner's behalf.
- We will review the counter-notice, and:
- if the counter-notice does not satisfy the DMCA requirements, we will request a revised submission; or
- if the counter-notice is complete and valid, we will forward the counter-notice to the person who filed the original takedown notice, advising that the challenged content will be reinstated within 15 (fifteen) Business Days, unless we receive a notification that the copyright owner is seeking a court order regarding this matter.
Notices
- Any notice to us in connection with these Terms shall be in English and delivered to us by electronic mail at help@meetty.com.
- Any notice to you in connection with these Terms shall be in English and delivered to you at your e-mail address to which your account is linked or at the relevant section of the Service relating to the notices to you.
- A notice given by e-mail will be effective upon receipt and shall be deemed to have been received on the next Business Day after being sent by e-mail, if a notice is given by e-mail (as recorded on the device from which the sender sent the e-mail), unless the sender receives an automated message that the e-mail has not been delivered, provided that where delivery occurs outside normal working hours (being 10.00 a.m. to 6.00 p.m. in Dubai, the United Arab Emirates), the notice shall be deemed to have been received at the start of normal working hours on the next following Business Day.
Whole agreement
These Terms set out the whole agreement between the parties with respect to its subject matter. Neither party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking made by or on behalf of the other party which is not expressly set out or referred to in these Terms. Except for any liability in respect of breach of these Terms, no Party shall owe any duty of care or have any liability in tort or otherwise to the other Party. This clause shall not exclude any liability for, or remedy in respect of, fraudulent misrepresentation.
Severability
Each provision contained in these Terms is severable and distinct from the others. If any such provision or part provision is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any such modification or deletion will not affect the validity and enforceability of other provisions of these Terms.
No waiver; remedies
- The failure of any party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to these Terms will not constitute a waiver of such term or right and will in no way affect such party's right to enforce or to exercise it in future.
- Unless otherwise is expressly set out in these Terms, each right or remedy of a party under these Terms is without prejudice, and in addition, to any other right or remedy under these Terms or at law.
- In addition to any other right or remedy under these Terms or at law, we may, at any time and at our sole discretion, block your account at the Service without any refund or payment of any remuneration (provided that we may, at our sole and absolute discretion, decide to proceed with such payment), or suspend any payment due to you or any other our performance under these Terms, or terminate the legally binding agreement between you and us by serving a relevant notice on you (effective from the date of such notice), in any of the following cases:
- if you commit any breach of these Terms or otherwise violate the Terms in any manner; or
- if you provide us with information that is not completely valid, true and accurate (including information on your tax residence).
Assignment and delegation
- We may assign, novate, sub-license, mortgage or otherwise transfer in whole or in part any of our rights and / or obligations under these Terms without your consent to any of our affiliates or any other person.
- You shall not assign or otherwise transfer your rights or delegate your obligations or performance under these Terms without our prior written consent.
- These Terms inure to the benefit of, and are binding on, the parties and their respective successors and permitted assigns.
Force majeure
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including: fire, floods and natural disasters; trade sanctions; acts of terrorism; general strikes, lock-outs and labor disputes; or civil commotion, riots and acts of war.
Language
If these Terms are translated into any other language, other than English, then in case of any discrepancies between the versions of these Terms in different languages, the English language version will prevail.
Third party rights
Except as otherwise set out in these Terms, no rights will be conferred by a legally binding agreement between you and us pursuant to these Terms on any person other than you or us, and no person other than you or us will have any right to enforce any term of these Terms.
No partnership
No provision of these Terms creates a partnership between the parties or makes a party the agent of the other party for any purpose. No party has any authority to bind, contract in the name of or create a liability for the other party in any way or for any purpose and neither party shall hold itself out as having authority to do the same.
Dispute resolution
- Unless otherwise set forth in these Terms (including with respect to any DMCA claims relating to copyright infringements), any dispute, controversy or claim arising out of or in connection with these Terms, or a breach, termination or invalidity of these Terms, will be settled by negotiation between the parties (including via an applicable procedure set out in clause 16 (‘Contact Us’) or otherwise), and if it remains not resolved within 60 (sixty) calendar days, it will be resolved by the courts of Dubai (the United Arab Emirates).
- We and you hereby waive any right to seek another forum or venue because of improper or inconvenient forum.
- Notwithstanding anything contrary to the above, any party to these Terms may seek injunctive or other equitable relief from the courts for matters related to privacy, intellectual property or security of the normal operation of the Service.
- The parties to these Terms waive their rights to a jury trial or class action for any dispute arising out of these Terms.
Governing law
- These Terms are governed by the laws of England and Wales, without giving effect to any conflicts of law principles.
- For the avoidance of doubt, these Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, as the Terms contemplate no sale of goods.