BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

1. All Members:

  1. Authorization. You hereby authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Member Payments. All Member Payments will be charged in US Dollars; provided, however, that your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank. Any payments owed to Creators from you will also be processed by a third party payment provider.
  2. Refund. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.
  3. Card Information Storage by Payment Processor. By providing your card information, you understand that our payment processor may store such information for future transactions.
  4. Subscription; Subscription Fees. SLUSHY may make certain elements of the Platform available on an automatically renewing subscription basis (the “Subscription”) for recurring fees (“Subscription Fees”). We will provide you with your Subscription Fee at checkout before you enroll in the Subscription and will send you a confirmation email with the terms of your Subscription. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 1(f) OF THIS PAYMENT POLICY.
  5. Automatic Billing and Policies.
    1. When you purchase a Subscription, you expressly acknowledge and agree that: (1) SLUSHY and/or its third-party payment processors are authorized to charge you at the beginning of each Subscription Term the Subscription Fees for your Subscription, any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Subscription, subject to adjustment in accordance with the terms and conditions of the Terms of Use for Members, for as long as your Subscription continues; and (2) your Subscription is continuous until you cancel it or your Subscription is suspended, discontinued or terminated in accordance with this Agreement.
    2. You acknowledge and agree that the amount billed may vary due to promotional offers, and changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.
    3. You hereby authorize SLUSHY to charge the payment method on file on the first day of each billing period for the Subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the SLUSHY is unable to charge you on the next billing period, SLUSHY may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, SLUSHY may cancel your Subscription.
    4. If any regular payment will vary in amount from the previous payment, we will provide you with notice at least ten (10) days before the payment describing the payment amount. However, if you agree to a range for any recurring payment, we will not provide you with notice so long as the payment does not fall outside of the specific range agreed to by you.
    5. Any notice required hereunder will be delivered to the email address we have on file for you.
  6. Cancellation and Missed Payments Penalty. You may cancel your Subscription at your sole discretion and your Subscription shall continue until the end of the then-current Subscription Term and subsequently terminate; however, SLUSHY grants refunds for cancellation at its sole discretion and you acknowledge and agree that you may not be refunded any Subscription Fees for your cancellation of your Subscription. IN THE EVENT THAT: (1) SLUSHY SUSPENDS OR TERMINATES YOUR SUBSCRIPTION OR YOUR MEMBER ACCOUNT FOR YOUR BREACH OF THE TOS; OR (2) YOU CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND AND AGREE THAT YOU SHALL RECEIVE NO REFUND FOR ANY UNUSED TIME OR PRE-PAYMENTS ON YOUR SUBSCRIPTION.
  7. No Sanctions. You represent that neither you nor, to your knowledge, anyone acting on your behalf, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and you will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

2. Creators Only:

  1. Payment Provider. The payment provider or partnering financial institution (individually and collectively, “Payment Provider”) will receive funds owed to you by Member, and you hereby authorize SLUSHY and Payment Provider to deduct SLUSHY Platform Fees from Member Payments.

  2. Chargebacks.

    1. Disputes, also known as chargebacks, occur when a Member contacts their card issuer to request their money back for Content purchased, rather than you, from whom they purchased the Content.
    2. When a chargeback occurs, we will either:
      1. deduct or net from any amounts owed to you the chargeback amount or debit any of your funds maintained in an account known to us, whether by you or in connection with the Platform or SLUSHY services; or
      2. at our election, we may respond to the chargeback request with proof of authorization for the transaction. In the event we elect to respond, you shall provide us all information requested by us to respond to the chargeback claim, including, but not limited to: status of the transaction, proof that the Content was received by the cardholder, and communication records. You must respond within the timeframes we provide and failure to do so will mean that we will not dispute the chargeback and you will be held liable and charged in accordance with the process set forth in Section 2(b)(ii)(1). Once you submit the information, we will, in our discretion, review and submit the information to the card issuer on your behalf. The final outcome of the chargeback may generally take ninety (90) days, but sometimes longer. We will inform you of the outcome and if the chargeback dispute is rejected, you will be liable for the outcome plus any fees we have incurred in accordance with the process set forth in Section 2(b)(ii)(1).

  3. Creator Earnings. Creator Earnings will be remitted to a partner bank (the “Holding Bank”) to hold for your withdrawal or access. The account held at Holding Bank is not in SLUSHY’s name and SLUSHY has no ownership interest, control over, or access to such Holding Bank account. You may instruct Holding Bank to remit funds to a banking account designated by you through SLUSHY services. SLUSHY will update your available balance to reflect any payment amounts in your Holding Bank account.

  4. Pricing Changes. You may change the price of your Subscription once every thirty (30) days. Members currently subscribed to your Subscription Content will be notified via email and will be provided a thirty (30)-day grace period prior to such pricing change.

  5. Deductions from Your Account. If a Member successfully seeks a refund or chargeback in connection with your Content, our payment processor may deduct from your account any (i) amount of refund or charge-back (ii) offset from any future payments owed to you, and if (i) or (ii) isn’t available we will invoice or seek recourse from you otherwise.

  6. Raffles. You may not receive payment from a Member in exchange for providing such Member the chance to win anything of value, including without limitation in connection with a raffle, lottery, or any other kind of giveaway (collectively, a “Raffle”). Although we recognize a Raffle may enhance engagement with Members that support your Content and attract new Members to support your Content, we prohibit Raffles for the purpose of preventing SLUSHY and you from potentially violating applicable gambling laws. We reserve the right, in our sole and absolute discretion, to designate a reward as a Raffle and accordingly prohibit it from the Platform.

    However, certain rewards may not violate the prohibition on Raffles. We recommend you contact us at [email protected] in the event you are unsure whether a reward violates the prohibition on Raffles. Notwithstanding the foregoing, you are responsible for compliance with applicable laws in connection with offering a reward to Members, including without limitation applicable gambling laws. Accordingly, you should consult legal counsel before offering such reward to Members.