Terms and Conditions for Callz.me Service

Last Updated: 1st, September 2023

1. Introduction

Welcome to Callz.me, a service provided by Smart Media Star, s.r.o, Fialková 26, 903 01 Slovak Republic (“we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your use of our Callz.me Service (“Service”). By using our Service, you agree to these Terms. If you do not agree, please do not use our Service.

2. Definitions

“Content Creator” refers to the individual offering the video chat through our Service.

“User” refers to the individual initiating the video chat and payment.

3. Service Description

Callz.me connects Content Creators with Callers and is a technical partner for the video communication and integrated payment solutions. Callz.me are not responsible for the content of the video chat or any actions taken by the Content Creator during the chat.

4. User Responsibilities

a.) Content Creator Autonomy: Content Creators, when using the Service, act autonomously and are solely responsible for their actions, decisions, and the content they provide. They are not representatives or agents of Smart Media Star, s.r.o, and any actions taken by them are in their individual capacity.

b.) Equipment and Connectivity: All Users, including Content Creators and Callers, are responsible for:

– b.1) Acquiring and maintaining all necessary equipment and software to access and use the Service. This includes, but is not limited to, computers, smartphones, tablets, cameras, microphones, and any other related devices.

– b.2) Ensuring a stable and robust internet connection. Any disruptions or disconnections due to internet issues are the sole responsibility of the User, and Smart Media Star, s.r.o will not be held accountable for any interruptions caused by such connectivity problems.

 

c.) Prohibited Activities: Both Content Creators and Callers must adhere to all applicable laws and regulations when using the Service. They must not:

– Engage in any illegal, fraudulent, or malicious activities.

– Share or disseminate prohibited, harmful, or offensive content.

– Engage in or promote any form of sexual activity, explicit content, or behavior.

– Use the Service to harass, threaten, or harm other Users or third parties.

– Violate any intellectual property rights, privacy rights, or any other rights of others.

– Use the Service for any purpose not expressly permitted by these Terms and Conditions.

d.) Reporting Misconduct: Users and Content Creators are encouraged to report any suspicious or prohibited activities they encounter while using the Service. Smart Media Star, s.r.o reserves the right, but not the obligation, to investigate any reported misconduct.

By using the Service, Users acknowledge and agree to these responsibilities and any consequences resulting from non-compliance.

5. Payments

a.) Payment Facilitation: Smart Media Star, s.r.o, through Callz.me, provides a platform that facilitates the payment transactions between Content Creators and Callers (Users). We ensure a secure and efficient payment process, but we are not responsible for any disputes arising between Users regarding payment matters.

b.) Transaction Finality: Once a payment transaction is completed through the Service, it is deemed final. Users cannot reverse, chargeback, or cancel a completed transaction, except in circumstances explicitly outlined in these Terms or as mandated by applicable law.

c.) Refund Policy: All payments made through the Service are non-refundable, except in specific situations where it is explicitly stated or where there are valid grounds for a refund, such as technical issues attributable to our platform. In such cases, Users must contact our support team (support@callz.me) within a stipulated time frame to initiate the refund process.

d.) Content Creator Rates: Content Creators have the autonomy to set their own rates for the services they offer through Callz.me. These rates must be clearly communicated to Callers before any transaction. It is the responsibility of the Content Creator to ensure that their rates are competitive, fair, and in compliance with any applicable laws or regulations.

e.) Commissions and Fees: For providing the platform and facilitating transactions, Smart Media Star, s.r.o may deduct a commission or fee from the payments made to Content Creators. The exact percentage or amount of this commission or fee will be communicated to Content Creators in advance and may be subject to change. Any changes to the commission or fee structure will be notified to Content Creators with reasonable notice.

f.) Payment Methods: Users can make payments using the methods available on the platform, which may include credit cards, debit cards, digital wallets, or other online payment systems. Users are responsible for ensuring that their chosen payment method is valid and has sufficient funds.

g.) Taxes and Charges: Content Creators are responsible for any taxes, levies, or charges that may arise from their earnings on the platform. It is the Content Creator’s responsibility to understand and comply with tax regulations in their jurisdiction.

By using the Service, Users acknowledge and agree to these payment terms and any consequences resulting from non-compliance.

6. Content and Conduct

a.) Scope of Responsibility: Smart Media Star, s.r.o, in its capacity as the provider of Callz.me, emphasizes that it does not actively monitor, supervise, record, or archive the content exchanged within video chats facilitated through the platform. Consequently, we disclaim any liability or responsibility pertaining to the content shared or the conduct exhibited by Users during the Service.

b.) User Discretion on Shared Information: Users are advised to exercise discretion and caution when sharing information during video chats. The dissemination of personal, sensitive, or confidential information is strongly discouraged. Smart Media Star, s.r.o shall bear no responsibility for any repercussions or damages resulting from the sharing of such information by Users.

c.) Code of Conduct:  All Users are expected to maintain a respectful and professional demeanor while using the Callz.me platform. Engaging in any form of harassment, discrimination, or behavior deemed inappropriate or offensive is unequivocally prohibited. Violations of this code may result in immediate termination of access to the Service and potential legal ramifications.

By utilizing the Callz.me Service, Users acknowledge their understanding of an agreement to these stipulated terms of content and conduct, and the delineated boundaries of Smart Media Star, s.r.o ‘s responsibilities.

7. Data Privacy, Protection, and GDPR Compliance

a.) Non-Intervention and No Storage: Smart Media Star, s.r.o, as the provider of Callz.me, emphasizes its commitment to user privacy. The company neither possesses the capability nor the intent to intrude, record, or archive any content from live video streams facilitated through the platform.

b.) Release of Data under Legal Obligations: The only exception to the above is in cases where Smart Media Star, s.r.o is legally compelled to provide user data. This would occur if a government agency, police department, or official court mandates the release of data due to suspicions or evidence of criminal activity. In such instances, Smart Media Star, s.r.o will cooperate fully, providing data strictly in adherence to legal requirements.

c.) GDPR Compliance: In alignment with the General Data Protection Regulation (GDPR), Smart Media Star, s.r.o is committed to ensuring the protection of personal data and upholding the rights of individuals. This includes:

– Right to Access: Users have the right to request access to their personal data stored by Callz.me.

– Right to Rectification: Users can correct or update their personal data to ensure its accuracy.

– Right to Erasure: Users can request the deletion of their personal data from our records.

– Right to Restrict Processing: Users can request a limitation on how their personal data is used.

– Right to Data Portability: Users can request a copy of their personal data in a structured, commonly used format.

– Right to Object: Users can object to the processing of their personal data for specific purposes.

e.) Data Protection Measures: Smart Media Star, s.r.o has implemented robust technical and organizational measures to safeguard user data against unauthorized access, alteration, disclosure, or destruction.

8. Disputes Resolution

a.) Initial Resolution: In the event of any disagreements, misunderstandings, or disputes arising between the Content Creator and the Caller (User) during or as a result of using the Callz.me platform, both parties are strongly encouraged to engage in open dialogue and communication to resolve the matter amicably.

c.) Written Communication: If verbal communication does not resolve the dispute, both parties are advised to document their concerns and positions in writing. This can help clarify misunderstandings and provide a record of communication attempts.

d.) Third-Party Mediation: If direct communication between the Content Creator and Caller (User) fails to resolve the dispute, the parties may consider seeking third-party mediation or arbitration services. While this is not a requirement, it can serve as a neutral platform for resolving disagreements.

f.) Notification to Smart Media Star, s.r.o:  While Smart Media Star, s.r.o is not responsible for resolving disputes, for transparency and record-keeping purposes, both parties are encouraged to inform the company of any ongoing disputes related to the platform.

9. Limitation of Liability

Smart Media Star, s.r.o are not liable for any damages, losses, or expenses arising from the use of the Service, including, but not limited to, any technical issues, payment disputes, or content disputes.

10. Termination

Smart Media Star, s.r.o reserve the right to terminate or suspend any User’s access to the Service for any reason, including breach of these Terms.

11. Changes to These Terms

Smart Media Star, s.r.o may update these Terms from time to time. We will notify Users of any changes, and the updated Terms will be effective upon posting.

12. Governing Law

These Terms are governed by the laws of Slovakia. Any disputes arising from these Terms will be resolved in the courts of Slovakia.

13. Contact

For any questions or concerns regarding these Terms, please contact us at support@callz.me