Effective Date: February 5, 2025
1. Eligibility
You must be at least 18 years old to use the Site and Services. By accessing or using our Site, you confirm that you have the legal capacity to enter into these Terms.
2. Account Registration
Certain features of the Site require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to suspend or terminate your account if you breach these Terms.
3. Services Overview
Hushpay enables you to support creators by sending gifts or donations. The Services include processing transactions, displaying creator profiles, and facilitating communications between users and creators. This Site is not a platform for buying or selling products—it is strictly for support and gifts to creators. We reserve the right to modify or discontinue any aspect of the Services at any time without notice.
4. Payments and Transactions
You agree to provide valid and up-to-date payment information. All transactions are processed securely through our third-party payment providers. By submitting payment information, you authorize us to charge your payment method for any support or gift transactions made through the Site. You are responsible for maintaining your records of transactions, and we will provide receipts and confirmations as applicable.
5. Refunds and Cancellations
Once a support or gift transaction is completed, the transaction is final and non-refundable. Please review your transaction carefully before confirming your payment. If you believe there has been an error with your transaction, please contact our support team at support@hushpay.app.
6. User Conduct
You agree to use the Site and Services only for lawful purposes and must not use the Site in any way that could harm or interfere with its operation. You are prohibited from engaging in fraudulent or deceptive activities, transmitting malware or other harmful code, or interfering with the security or proper functioning of the Site. You also agree to comply with all applicable local, state, national, and international laws while using the Site.
7. Intellectual Property
All content on the Site—including but not limited to text, graphics, logos, images, and software—is the property of Hushpay or its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Site solely for personal, non-commercial purposes. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content without express written permission.
8. User Content
“User Content” refers to any material you post or submit on the Site, such as reviews, comments, or other feedback. By submitting User Content, you grant Hushpay a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute your content in connection with the Site. You are solely responsible for your User Content, and you affirm that you have all necessary rights to submit such content.
9. Disclaimers and Limitation of Liability
The Site and Services are provided “as is” and “as available” without any warranties of any kind, whether express or implied. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, in no event shall Hushpay, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services. You acknowledge that your use of the Site is at your sole risk.
10. Indemnification
You agree to indemnify, defend, and hold harmless Hushpay and its affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your infringement of any rights of another.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising out of these Terms or the use of the Site shall be resolved through binding arbitration in accordance with the rules of [Arbitration Institution] unless you choose to bring a dispute in a court of competent jurisdiction. You consent to the exclusive jurisdiction and venue of the courts in [Your Jurisdiction] for any disputes not resolved through arbitration.
12. Modifications to Terms
We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Site after any changes signifies your acceptance of the new Terms. Significant changes to the Terms may be communicated via the Site or by other means at our discretion.
13. Termination
We may terminate or suspend your access to the Site and Services at our sole discretion, with or without cause, and without liability. Upon termination, all rights granted to you under these Terms will immediately cease, and you must promptly discontinue all use of the Site and Services.
14. Third-Party Links
Our Site may contain links to third-party websites that are not owned or controlled by Hushpay. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that Hushpay is not responsible for any damage or loss incurred as a result of your use of any third-party websites.
15. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and safeguard your personal information. By using the Site, you consent to the practices described in our Privacy Policy.
16. Entire Agreement
These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Hushpay regarding your use of the Site and Services. They supersede any prior agreements, understandings, or representations, whether written or oral.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be severed, and the remaining Terms will continue to be in full force and effect.
18. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Email: support@hushpay.app
- Website: www.hushpay.app
19. Terms for Supporters and Gift Senders
19.1 Voluntary Transactions
All support or gift transactions are entirely voluntary. By sending a support or gift, you confirm that you are providing funds as a token of appreciation and that you are not purchasing a product or expecting a tangible return unless explicitly stated by the creator.
19.2 No Refunds and Finality
Once a support or gift transaction is completed, the transaction is final and non-refundable. Please review your transaction carefully before confirming your payment.
19.3 Relationship with Creators
Hushpay acts solely as a platform for facilitating support and gift transactions. We are not responsible for the actions, conduct, or responses of creators. The manner in which creators choose to use or acknowledge your support is entirely at their discretion. The Site is not a venue for negotiating or providing additional services or products beyond what is expressly offered by the creator.
19.4 Prohibited Uses by Supporters
You agree not to use support or gift transactions for fraudulent purposes, or to manipulate or coerce creators into actions or services that they have not agreed to provide. You are responsible for ensuring that your transactions comply with all applicable laws and regulations.
19.5 Acknowledgement of Additional Terms
By initiating a support or gift transaction, you acknowledge that you have read, understood, and agree to be bound by these additional terms, in conjunction with the overall Terms and Conditions of Hushpay.