This Payment Policy forms part of our Terms of Use for Members. Please read this Payment Policy carefully, as it sets out additional terms that apply to you when you make any payments through our Platform.
This Payment Policy uses terms defined in, and should be read alongside the Terms of Use for Members.
1. Purchases by Members
Authorization. We use third party providers to process any payments you make through the Platform. You hereby authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Member Payments.
Currency. All Member Payments and purchases of Slushy Wallet Credits will be charged in US Dollars. If your payment card was issued by a bank or other entity that is outside the US or if that card's currency is not US Dollars, your payment card provider will convert the Member Payment or purchase price of the Slushy Wallet Credits into your local currency and may charge you currency conversion fees. Please refer to your payment card provider's terms for information about their exchange rates and any fees they apply for international payments. 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.
Card Information Storage by Payment Processor. Our payment processor may store your payment card information for future transactions. Please refer to our payment processor's privacy notice at https://www.inoviopay.com/privacy for information about how they collect, store and use your personal information.
Admin Fee. All payments under twenty US dollars ($20) that you make through the Platform using your payment card are subject to an administration fee (the "Admin Fee"). The Admin Fee will be displayed to you on the Platform during the payment process and charged to your payment card in addition to any amounts you pay through the Platform.
Subscription; Subscription Fees. Creators may make certain Content available through the Platform on an automatically renewing subscription basis (a “Subscription”). When you purchase a Subscription, we will display to you the amount you will be charged each month in respect of the Subscription (the "Subscription Fee") at checkout before you confirm your purchase. We will also send you a confirmation email with the terms of your Subscription, including the Subscription Fee you will be charged each month and how you can cancel your Subscription. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW (“AUTO-RENEW”) EACH MONTH UNLESS AND UNTIL YOU DISABLE AUTO-RENEW OF YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURES IDENTIFIED IN SECTION 1(f) OF THIS PAYMENT POLICY.
Automatic Billing and Policies.
If you select the auto-refill feature on your Member Account, we will automatically top up the balance of your Slushy Wallet Credits with the Auto-refill Amount when your balance drops below the Auto-refill Balance. You expressly acknowledge that, unless and until you disable the auto-refill feature through the settings on your Member Account, SLUSHY and/or its third-party payment processors are authorized to charge you the value of the Auto-refill Amount each time your Slushy Wallet Credits balance drops below the Auto-refill Balance, as set out in our Terms of Use for Members.
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 the Subscription Fee on the day you purchase your Subscription and each month thereafter, together with any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Subscription, subject to any discounts or adjustments 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 disable Auto-Renew or your Subscription is suspended, discontinued or terminated in accordance with the Terms of Use (including the Terms of Use for Members and this Payment Policy).
You acknowledge and agree that the Subscription Fee may vary during the Subscription, due to promotional offers or if the Creator changes the Subscription Fee. We will notify you at least thirty (30) days before any changes to the Subscription Fee take effect. If you do not agree to the change, you can cancel Auto-Renew before the change takes effect. If you do not cancel Auto-Renew, your Subscription will renew at the amended Subscription Price, and you authorize us to charge your payment method for the changed amounts
Unless you have elected to pay the Subscription Fee by redeeming Slushy Wallet Credits, or if you have chosen to redeem Slushy Wallet Credits but have insufficient Slushy Wallet Credits to pay the relevant Subscription Fee, 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 SLUSHY is unable to charge you on the next billing period, SLUSHY may immediately revoke your access to any Subscription 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.
Any notice to be given to you under this Payment Policy will be delivered to the email address associated with your Member Account.
Disabling Auto-Renew. You may disable Auto-Renew of your Subscription at your sole discretion using the applicable functionality on the Subscriptions page on the Platform; and your Subscription shall continue until the end of the month for which you have paid the Subscription Fee and subsequently terminate. IN THE EVENT THAT SLUSHY SUSPENDS OR TERMINATES YOUR SUBSCRIPTION OR YOUR MEMBER ACCOUNT FOR YOUR BREACH OF THE TOS, YOU UNDERSTAND AND AGREE THAT YOU SHALL RECEIVE NO REFUND FOR ANY UNUSED TIME OR PRE-PAYMENTS ON YOUR SUBSCRIPTION.
Cancellations and refunds. Other than as set out in the Cancellations, Refunds and Disputes Policy, all Member Payments and purchases of Slushy Wallet Credits made through the Platform are non-refundable.
No Sanctions. You must not use the Platform if you or, 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”) or any other similar or equivalent department or government entity in the jurisdiction in which you are located. You must 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. Receiving payments as a Creator
This Section 2 applies to you if you use the Platform as a Creator.
Payment Provider. We use third party payment providers to process payments made by Members to Creators. 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.
Chargebacks.
- 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.
- When a chargeback occurs, we will either:
- 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
- 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).
Creator Earnings. You can view the balance of your Creator Earnings through your Creator Account. Until you withdraw your Creator Earnings, we will hold those Creator Earnings in a separate bank account on your behalf. To withdraw your Creator Earnings, you will need to provide us with your bank account details and tax forms as set out in our Terms of Use for Creators, and instruct us to transfer your Creator Earnings to your designated bank account using the appropriate functionalities on the Platform. You must ensure that the bank account details you provide are correct, as we will not be responsible to you for any losses you fail to receive any Creator Earnings because you have provided incorrect bank account details.
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 within three (3) to seven (7) days prior to the change in price and will be provided a thirty (30)-day grace period prior to such pricing change.
Deductions from Your Account. If a Member successfully seeks a refund or chargeback in connection with your Content, including (where applicable) as set out in the Cancellations, Refunds and Disputes Policy, 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.
Trial Periods. You may choose to offer Members a Trial Period for up to thirty (30) days. Members will be charged for their Subscription to your Content at the end of such Trial Period.
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 support@slushy.com 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.