Calliverse - The Ultimate Communication Platform

1. Introduction

These Terms of Use for all users govern your use of Calliverse and your agreement with us.

2. Interpretation

In the Terms of Service:

we refer to our website as “Calliverse.com”, including when accessed via the URL www.calliverse.com calliverse.com and its apps;
references to " we ", " our ", " us " are references to WhiteFox Design, the operator of Calliverse ;
"Content" means any material uploaded to Calliverse by any User (whether a Fan Creator or simply a user for messaging and AI*), including photos, videos, audio (such as music and other sounds), live streaming material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes and any other material whatsoever;
Calliverse account as a Creator account to post Content on Calliverse for viewing by other Users;
“Fan” means a User who follows a Creator and is able to view the Creator's Content;
"Fan/Creator Transaction" means any transaction between a Fan and a Creator on Calliverse by which access to the Creator's Content is granted, including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay -per- view Content ( pay -per- view media and pay -per- view live streaming ), and (iii) the Fan's use of the fan interaction feature on a Creator's account;
"Fan Payment" means any payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction or (ii) as a tip to a Creator;
"Standard Fan-Creator Agreement" means the terms governing each Fan/Creator Transaction, which can be found here ;
" Subscription " means a Fan's subscription to a Creator's account (whether paid or unpaid and for one month or as part of a package including a subscription for more than one month);
“Terms of Service” (also called “your agreement with us”) means the legally binding agreement between you and us that consists of: (i) these Terms of Use for All Users , (ii) Terms of Use for Fans , (iii) Terms of Use for Creators , (iv) Privacy Policy , (v) Acceptable Use Policy , (vi) Referral Program Terms , (vii) Complaints Policy , (viii) Platform-to-Business Rules Terms ; and (ix) Community Guidelines ;
" User " means any user of Calliverse , whether a Creator or a Fan or both (also referred to as " you " or " your ").

3. About us and how to contact us

Calliverse is operated by WhiteFox Design. We are a registered company and are active in Italy. Our VAT number is 03823570712. To contact us with any questions about Calliverse, please email our support team at [email protected].

4. How We May Change the Terms of Service

We may change any part of the Terms of Service without prior notice to you in the following circumstances:

to reflect changes in laws and regulatory requirements that apply to Calliverse and Calliverse's services, features and programs where such changes require Calliverse to change its terms and conditions in a way that does not allow us to give you reasonable notice;
And to address an unforeseen and imminent danger related to the defense of Calliverse, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service and will provide you with reasonable notice of such changes via email or through Calliverse and you may contact us to terminate your agreement with us before the changes take effect. Once the updated Terms of Service take effect, you will be bound by them if you continue to use Calliverse.

5. We May Change, Suspend, or Retire Calliverse

We may update and change Calliverse from time to time for any reason, including to reflect changes to our services, User needs, and our business practices, or to improve performance, enhance functionality, or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Calliverse, or any Content on it, will always be available or accessible without interruption. We may suspend, withdraw, or limit the availability of all or part of Calliverse for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

6. Registering with Calliverse

To use Calliverse you must first register and create a User account on Calliverse. You must provide a valid email address, username and password or authenticate using a valid Google account. Your password must be unique (i.e. different from those you use for other websites) and must meet the technical requirements of the Calliverse site for password composition. To register as a User:

you must be at least 13 years old;
if you are between the ages of 13 and 18, you represent that you have your parent or legal guardian's permission to use Calliverse and to agree to the Terms of Service;
if the laws of the country or state/province in which you live provide that you can only be legally bound by a contract with us if you are over a certain age, then you must be old enough to be legally bound by a contract with us under the laws of the country or state/province in which you live; and
You must be authorized by the laws of the country or state/province in which you are located to sign up for Calliverse and to view any Content available on it and to use any functionality provided by it.
you must provide any other information or verification documents we request.

If you do not meet the above requirements, you must not access or use Calliverse.

7. Your commitments to us

When you register and use Calliverse, you make the following commitments to us:

If you previously had an account with Calliverse, you confirm that your old account has not been terminated or suspended by us because you violated any of our terms or policies.
You will ensure that all information you provide to us is true, accurate and complete.
You will promptly update any information you submit to us as it changes.
You consent to receive communications from us electronically, including via email and messages posted to your Calliverse account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
You will keep your account/login details confidential and secure, including user details, passwords and any other information that forms part of our security procedures, and you will not disclose them to anyone else. You will promptly contact [email protected] if you believe that anyone has used or is using your account without your authorization, or if your account has been subject to any other breach of security. You also agree to ensure that you exit from your account at the end of each session and to use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
You are responsible for all activities on your account even if, contrary to the Terms of Service, someone else uses your account.
You will fully comply with these Terms of Use for all users, our guidelines, and all other parts of the Terms of Service that apply to your use of Calliverse.

8. Rights we have, including the right to suspend or terminate your account

We may, but are not obligated to, moderate or review your Content for compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable laws.
It is our policy to suspend access to any Content posted on Calliverse that we become aware may not comply with the Terms of Service (including in particular, our Acceptable Use Policy) and/or any applicable law while we investigate any suspected non-compliance or illegality of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at [email protected]. Following our investigation of the suspected non-compliance or illegality of the Content in question, we may take any action we deem appropriate, including restoring access to the Content or permanently removing or disabling access to the Content in question without having to obtain any consent from you and without giving you any notice. You agree to promptly provide us, at your expense, with all reasonable assistance (including providing us with copies of any information requested by us) in our investigation. We will not be liable for any losses you may suffer as a result of any suspension of access to your Content or any other measures we take in good faith to investigate any suspected non-compliance or illegality of your Content under this section.
If we suspend access to or delete any of your Content, we will notify you by email or electronic message to your Calliverse account, but we are not obligated to give you prior notice of such removal or suspension.
We reserve the right, in our sole discretion, to terminate your agreement with us and your access to Calliverse for any reason by giving you 30 days' notice via email or electronic message to your Calliverse account. We may also suspend access to your User account or terminate your agreement with us and your access to Calliverse immediately and without notice:
- if we believe that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way that has or may have serious consequences for us or another User;
- Or if you take any action which in our opinion has caused or is reasonably likely to cause us to suffer loss or otherwise damage Calliverse's reputation.
If we suspend access to your User account or terminate your agreement with us and your access to Calliverse, we will let you know. During any period in which access to your User account is suspended, all Fan Payments that would otherwise be due during the period of suspension will be suspended and we may withhold all or part of any Creator Earnings owed to you but not yet paid in accordance with the sections of the Creator Terms of Use.
Upon termination of your account, we may handle your Content in any appropriate manner in accordance with our Privacy Policy (including deleting it), and you will no longer have the right to access your Content. There is no technical structure on Calliverse that would allow you to access your Content after termination of your account.
We may investigate any suspected or alleged misuse, abuse, or illegal use of Calliverse and cooperate with law enforcement in such investigations.
We may disclose any information or records in our possession or control about your use of Calliverse to law enforcement officials in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our legal rights or interests, or in response to legal process.
We may change the third-party payment providers used to process payments on Calliverse, and if we do so, we will notify you and store the applicable details on your Calliverse account.
Except for Content (which is owned by or licensed to the Creators), all rights in Calliverse and all of its content, features, databases, source code and functionality are owned by us and/or our licensors. Such material is protected by copyright and may be protected by trademark, trade secret and other intellectual property laws.
We are the sole and exclusive owners of all anonymized data relating to your use of Calliverse and such anonymized data may be used by us for any purpose, including commercial, development and research purposes.

9. What we are not responsible for

We will use reasonable care and skill in providing Calliverse to you, but there are some things we are not responsible for, as follows:

We do not authorize or endorse any Content on Calliverse, and opinions expressed by Creators or Fans on Calliverse do not necessarily represent our opinions.
We do not grant you any rights in or to the Content. Such rights can only be granted to you by the Creators.
Your Content may be viewed by individuals who recognize your identity. We will not be liable to you in any way if you are identified from your Content. Although we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technologies on Calliverse, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology and you will not have any claims against us arising from your use of or reliance on any geofencing or geolocation technology on Calliverse.
All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content and do not screen or edit any Content stored or transmitted through Calliverse. We have no obligation to monitor Content or detect violations of the Terms of Service (including the Acceptable Use Policy).
You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another Calliverse User and that if you choose to do so, you do so entirely at your own risk.
We make no promises or guarantees of any kind that Creators or CreatorAD Users will earn any particular amount of money (or any amount of money) from their use of Calliverse (including the CreatorAD Program).
The materials we make accessible on Calliverse for users are for general information purposes only. We make no promises or warranties as to the accuracy or otherwise of such materials, or that Users will obtain any particular results from using such materials.
We do not promise that Calliverse is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access Calliverse. You should use your own virus protection software.
We are not responsible for the availability of the Internet or for any errors in your connections, device or other equipment or software that may occur in connection with your use of Calliverse.
While we try to ensure that Calliverse is safe and free from bugs and viruses, we cannot promise that it will be safe and free from bugs and viruses, and we have no control over the Content provided by Creators.
We are not responsible for any lost, stolen or compromised user accounts, passwords, email accounts or any resulting unauthorized activity or unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on Calliverse, we cannot control, and will not be liable to you for, the use that other Users or third parties make of such Content. You may delete your account at any time, but you acknowledge that deleting your account will not in itself prevent the circulation of your Content that may have been posted by other Users in violation of the Terms of Service or by third parties prior to deletion of your account.

10. Intellectual Property Rights – Ownership and Licenses

You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights in your Content necessary to grant licenses in relation to your Content to us and other Users. This includes all rights necessary to perform the acts covered by subsection 10(b) below in any territory in which Calliverse is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
You agree to grant us a license to all of Your Content to perform any acts restricted by any intellectual property rights (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Calliverse. Such acts include reproducing, making available and communicating to the public, displaying, performing, distributing, translating, creating adaptations or derivative works of Your Content, and otherwise managing Your Content.
The license you grant to us under subsection 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable by us. This means that the license will continue even after your agreement with us expires and you stop using Calliverse, that we do not have to pay you for the license, and that we can sublicense your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Calliverse Users, and to use your Content for other normal Calliverse operations. We will never sell your Content to other platforms, although we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
Even though we do not own your Content, you grant us the limited right to submit notices of infringement (including copyright or trademark infringement) on your behalf to any third-party website or service that hosts or otherwise makes infringing copies of your Content without your permission. Although we have no obligation to do so, we may at any time submit or withdraw such notice to any third-party website or service where we deem appropriate to do so. However, we do not and have no obligation to police infringements of your Content. You agree that, if requested, you will provide us with all consents and other information we reasonably need to submit notices of infringement on your behalf. Please see our Complaint Policy for how to file a complaint regarding infringement of intellectual property rights.
You waive any moral rights you may have under any applicable law to object to derogatory treatment of any Content posted by you on Calliverse. This waiver does not in any way affect your ownership of any intellectual property rights in your Content or the rights you have to prevent your Content from being copied without your permission. The waiver is intended to allow us, when we handle your Content (as permitted by the license you grant us in section 10(b) above) to add watermarks, stickers or text to your Content.

11. Connection to and from Calliverse

Calliverse Links:

You may link to the Calliverse home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
If you are a Creator, when you promote your Creator Account you must comply with our Terms of Service and the terms of service of any other website on which you link or otherwise promote your Creator Account. When promoting your Creator Account, you must not impersonate Calliverse or give the impression that your Creator Account is being promoted by us if that is not the case. You must not promote your Calliverse Account using Google Ads or any similar advertising platform or search engine advertising service.

Links from Calliverse:

Where Calliverse contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as an endorsement by us of the linked websites or the information you may obtain from them. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to Calliverse, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. How do I delete my account?

If you wish to delete your Calliverse account, you can do so in the "User Account" section of your Calliverse account.

If you are a Fan, your account will be deleted within a reasonable time following your request.
If you are a Creator, once you start the "account deletion" process, your account will remain open until the last day of your fans' paid subscription period, after which you will receive your final payment and your account will be deleted.
If you are both a Fan and a Creator, your account will be deleted in two stages (first Fan, then Creator).
Once your account has been deleted, you will not be charged or have access to your previous Calliverse account or its Content, and all subscriptions will be deleted and cannot be renewed thereafter. You will receive a confirmation email once your account deletion is successfully completed. Once your account has been deleted, we may handle your Content in any appropriate manner in accordance with our Privacy Policy (including deleting it), and you will no longer have access to your Content. There is no technical structure on Calliverse that would allow you to access your Content after your account has been closed.

13. Who is responsible for any loss or damage suffered by you?

Whether you are a consumer or a Business User:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and (ii) fraud or fraudulent misrepresentation.

If you are a Consumer User:

If you are a Consumer User, you agree that:

We and our subsidiaries, employees, owners, representatives and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings incurred by you arising out of or in connection with your use of Calliverse.
If you are a Consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us will be limited to $10 per APPROVED claim.

If you are a Business User:

If you are a Business User, you agree that:

We and our subsidiaries, employees, owners, representatives and agents:
- exclude (to the extent permitted by law) any implied conditions, warranties, representations or other terms which might apply to Calliverse or any content on it. This means that if the Terms of Service do not expressly include a promise or undertaking from us, this cannot be implied by law;
- we are not responsible to you for any loss or damage you suffer that is not a foreseeable result of our breach of the Terms of Service or our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
- will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  - your inability to use Calliverse or any of its services, features or programs; OR
  - use of or reliance on any content (including Content) stored on Calliverse;
- will not be liable to you for any:
  - loss of profits;
  - loss of sales, business or revenue;
  - interruption of business;
  - loss of expected savings;
  - loss of business opportunity, goodwill or reputation;
  - loss of data or information, including any Content; or
  - indirect or consequential losses or damages;
- will not be liable to you for any loss or damage caused by a distributed denial- of-service attack, viruses, malware, ransomware or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Calliverse or any of its services, features or programs, or to your downloading of any material posted on it, or on any website linked to it;
- will not be liable to you if your Content is copied, distributed, republished elsewhere or if its copyright is infringed by another User or any third party;
- will not be liable to you for any disclosure of your identity, or for any disclosure or publication of your personal information by other Users or third parties without your consent (also known as " doxing ");
- will not be liable to you for any failure or delay by us in complying with any part of the Terms of Service that arises from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service that arises from an event outside our reasonable control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Our total liability to you for any claim arising out of or in connection with your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise will be limited to the greater of:
- 50% of the total fees paid by you in relation to your use of Calliverse;

14. General

You agree that:

If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
If we fail to enforce any aspect of your agreement with us, this will not be a waiver;
We reserve all rights not expressly granted to you.
You are not granted any implied licenses or other rights in relation to any part of Calliverse, except as expressly set forth in the Terms of Service.
Your agreement with us does not give any rights to any third parties, except for the exclusions and limitations of liability in section 14 (Who is liable for any loss or damage you suffer?) and the terms in section 16 (Terms relating to disputes) may be enforced by our subsidiaries, employees, owners, representatives and agents.
You may not transfer your rights or obligations under your contract with us without our prior written consent.
Our rights and obligations under your contract with us may be assigned or transferred by us to others. This may happen, for example, if our ownership changes (such as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your contract with us to others, but we will remain responsible to you for performance of those obligations.
The Terms of Service constitute the entire agreement between us and you regarding your access to and use of Calliverse and supersede any prior oral or written understandings or agreements between us and you.

15. Limitation Period for Making Claims

Except where prohibited by applicable law, any claim or cause of action you have against Calliverse (including those arising out of or relating to your agreement with us) must be filed within 3 months after the date on which the claim or cause of action arose or the date on which you became aware of the facts giving rise to the cause of action (whichever is earlier), or be forever barred.