Terms of Service

This document is the #1 version of the Terms of Creator Services, subsequently mentioned as the "Terms", between the legal entity WCL Alpha Limited, a company, incorporated under the laws of Special Administrative Region of Hong Kong, having its registered address at Unit 308, 3/F, Chevalier House, 45-51 Chatham Rd South, Tsim Sha Tsui, Hong Kong, Business Registration Number 79954230, hereinafter referred to as the "Company", "We, Us, Our", operating the SaiPayment web platform, henceforth mentioned as the "Platform", being an online platform accessible for the provision of services, explained in further detail herein, and Creator of content, subsequently in the document referred to as the "Creator", "You, Yours", each individually referred to as the "Party" and collectively the "Parties".

In this agreement, unless the context otherwise requires, words importing any gender include every gender.

Disclaimer

The Company disclaims any and all liability arising from, or connected to Creator's own content or private resources of the Creator, at no time We may be held liable for any act or omission, breach of applicable legislation, infringement of any third party right, misuse of confidential information, or any other violation of law or someone's personal rights resulting from content or Creator's private resources.

1. Acceptance of the Terms

1.1. By accessing the Platform as a Creator and registering the Creator's account, You confirm acceptance of the Terms and agree to be bound by them.
1.2. By accepting the Terms, the Creator validates that he has made himself aware of the terms and conditions contained herein and that he has full legal capacity to make the decision as to entering formal relationship with the Company, as explained in further detail in the present document.
1.3. The Creator confirms that he is aware of his rights and obligations under the Terms, and realises the outcomes of his potential breach of conditions contained herein.

2. Nature of Services and Services Provision

2.1. The Parties are entering formal mutual cooperation and agree to be bound by the provisions of the present Terms for the purpose of services provision, from the Company to the Creator.
2.2. The services, provided by the Company shall include facilitation and assistance with the sale of Creator's content to the end purchasers, which can be performed either via private resources of the Creator or using the shared links, or via the Platform's discover marketplace.
2.3. The content is supplied and provided by the Creator, at his own discretion, at all times the Creator remains the solely responsible for the Content, its delivery to end purchaser and any potential violation of applicable legislative norms and infringement of third party rights, arising out of such content.
2.4. The price of the content is determined by Creator, and shall be specified at the moment of content uploading to the private resources and announcement to the Company, however the We shall at all times remain allowed to alter the price of the content, subject to Our own vision of market.
2.5. The Company's liability under the Terms shall be limited only to the obligations We undertake in respect to the Creator, and actual procedure of payment facilitation.
2.6. For the provision of the services, the Company is entitled to a specific fee, subsequently the "Company's Fee", which is calculated based on the transaction type, declared under the Clause 5 of the Terms.
2.7. The rest of the amount paid by the end purchaser for the content shall subsequently be transferred to the Creator, and henceforth referred to as the "Creator's Payout".

3. Boarding and Registration Procedure

3.1. In order to become Party to the Terms, and enter into formal cooperation with Us, the Creator shall register an account, hereinafter the "Creators Account", and provide information, necessary for boarding procedure.
3.2. By registering the Creator's Account you confirm that you are eligible under the applicable legislation of your jurisdiction, and have full legal capacity to enter into such cooperation, and remain bound by the Terms until terminated, as per the Clause 9 of the Terms.
3.3. For the purpose of Creator's Account registration, We will request the following information:
1. 3.3.1. Your name and surname.
2. 3.3.2. Details of Your bank account, which will be listed for Creator's Payouts payments.
3. 3.3.3. Email address.
4. 3.3.4. Phone number.
3.4. Subject to Our own compliance procedures, we may request additional data from Your side, in order to avoid conflicts and potential breach of applicable legislative norms.
3.5. By providing Us with the information listed under the Clauses 3.3.1-3.3.4 together with any other relevant data, which may be requested from Our side, you confirm that the provided information is valid, true, and belongs to You and not any other third party.
3.6. The Creator shall be the only person, allowed to have access to the Creator's Account, any use of Creator's Account by a third party may result in the temporary suspension of it, until further investigation by the Company is completed.
3.7. If it comes to Our attention that the access to Creator's Account has been shared knowingly, this may result in permanent suspension and deletion of Your Creator's Account.

4. Terms of Cooperation and Parties' Roles

4.1. The Parties to the Terms hereby agree that their cooperation covers solely the process of services provision by the Company, related to facilitation of content supply by the Creator to end purchasers, for relevant fees and payouts, outlined herein.
4.2. The Company acts only as a merchant of record, by providing the Creator with options to promote, sell and monetise his own content, without being directly responsible for the quality, format, legality and delivery of such content.
4.3. At all times the Creator shall bear responsibility and remain solely liable for the content he supplies to the end purchasers, any misconduct, violation of applicable legislative norms, infringement of third party rights etc. and any other omissions connected to the stated content.
4.4. Creator publishes the Content at his own discretion, on his private resources, and remains solely responsible for it.

5. Payment Provisions

5.1. The Parties agree that for the purpose of facilitating the payment collection, and repayment of the Creator's Payout, the Company will use payment services of third party financial organisations, the complete list of which will be available for the Creator upon confirming the payout option in his account.
5.2. The Company acts as a merchant of record for the purpose of payment collection and calculation of indirect taxes, which may be due following the sale of Your content, including sales taxes, value added tax, turnover tax, import tax, or any similar tax, depending on the exact jurisdiction.
5.3. For the provision of services, the Company shall be entitled to a fixed Company's Fee in the amount of 10%+0.50US$ for each purchase of the content, conducted directly from the Creator's resources or using the shared links.
5.4. In the case the content is purchased from the discover marketplace, available on the Platform, the Company's Fee shall be levied in the amount of 30% of the purchase.
5.5. Payment of the Creator's Payout shall be performed regularly on a weekly basis, upon purchase of the content and deduction of the relevant taxes and levies by the Company.
5.6. In the case, the Company's Fee is subject to tax, We shall remain responsible for management of such tax.
5.7. Under some circumstances, and depending on the exact jurisdiction of the Creator, the Creator's Payouts may also become subject to applicable tax, and in such case the Creator shall be solely responsible for administration and deduction of such tax.
5.8. The Company will handle requests for refunds, chargebacks and other disputes, received from end purchasers of the Creator's content, and the Creator, upon Our request, shall provide all information as may be necessary for resolution of the arising issue.
5.9. In the case the Company is required to pay any refund to the end purchaser of the content, the Creator of such content shall be exclusively responsible to reimburse and compensate such amount to the Company together with all relevant fees and expenses, incurred in connection to such refund.

6. Third Parties

6.1. The Company explicitly informs the Creator, that for the purpose of services provision the Platform may contain, display and advertise links to the third-parties web sites, applications, products, services, and other materials, which may be considered relevant or beneficial for the purpose of business development and project promotion.
6.2. The Company hereby informs that such third parties may have their own terms and conditions, policies, and contractual framework, regulating provision of third party services, management of confidential information and other relevant subjects, bearing significant legal importance.
6.3. When leaving the web page, the Creator hereby confirms that he will make himself aware of any and all applicable legally bounding materials, provided by relevant third parties, and will adhere to such provisions.
6.4. At the same time, the Creator confirms that the Company's legal responsibility is limited solely to the Platform, and any web site, application, service, or other project of the third party remains out of control of the Company, and We cannot be held liable for any and all actions or omissions of such third party.
6.5. The Company is out of control of the Creator's private resources, used for publishing of the content and its delivery to end purchasers, and hereby explicitly informs that You shall at all times implement and maintain relevant management and administration policy for Your private resources.
6.6. For any breach of applicable legislative norms, illegal acts or omissions resulting from misuse of Creator's resources You may be held liable in accordance with the applicable law.

7. Term and Termination

7.1. The Parties become bound by the provisions of the present Terms from the moment the Creator registers the Creator's Account.
7.2. Provisions of these Terms shall remain in full force until the cooperation is terminated by either Party, and the Creator's Account is formally deleted.
7.3. The Creator shall at all times retain the right to terminate the cooperation by choosing to delete his Creator's Account.
7.4. The Company shall have the power to immediately terminate the cooperation and seize provision of all the services to the Creator and immediately delete his Creator's Account in the case, it becomes aware of any kind of violation by the Creator of any of the provisions of these Terms.
7.5. At the same time, the Company retains the right to freeze the Creator's Account and request additional information, which eventually may lead to termination of these Terms and deletion of the Creator's Account in the case, it believes, or has reasonable grounds to believe that the actions of Creator constitute breach of the Terms and create immediate risks for the Company.

8. Responsibilities of the Parties

8.1. The Creator bears sole responsibility for the content, he supplies using his private resources, its conformity with the applicable laws and regulations of relevant jurisdiction.
8.2. The Creator shall be responsible for guaranteeing that the content, he supplies, does not breach or infringe any third parties' intellectual property rights, either moral or proprietary.
8.3. In the case the Creator becomes aware that any piece of content may be regarded as contrary to applicable legislative norms, or violating exclusive IP rights of any third party he shall immediately inform the Company and delete such content.
8.4. The Creator bears sole responsibility for management of his private resources, used for content delivery, and maintaining them in conformity with the applicable laws and regulations.
8.5. The Company shall at no time be considered liable for any misconduct, violation of applicable law, breach or infringement of any third party right, or any other form of omission committed by the Creator, or related to Creator's content or his private resources.
8.6. Our responsibility under the present Terms remains limited solely to the obligations We have before the Creator, in terms of payment provisions and overall procedure for services delivery.
8.7. Management of Creator's content, as well as management of his private resources remain beyond Our control and We cannot guarantee their quality or be held responsible for any act or omission connected thereto.

9. Intellectual Property

9.1. Nothing in the Terms creates or is intended to create any license, nor partial neither exclusive for the Creator, to use any right attached to intellectual property objects, of which the Company remains the owner, including, but not being limited to trademarks, copyright, patent, industrial designs, trade names, etc.
9.2. The Company hereby shall be considered the sole owner of any and all intellectual property objects, connected to the Platform, or resulting from the development process of the SaiPayment project.
9.3. At the same time, the Creator recognises that for the purpose of performance of Company's obligations under the Terms, it is required to obtain complete, royalty-free, perpetual, worldwide, non-exclusive licence to distribute, reproduce, publicly perform, and publicly display Creator's content in whole or in part, and the Creator hereby provides the Company with such licence and recognises Company's right to use intellectual property connected to, or resulting from content, supplied by the Creator.
9.4. Unless expressly required under the provisions of applicable law that apply in relevant jurisdiction, the Supplier waives any moral rights he may have in the Content.
9.5. The Creator hereby certifies that he remains the sole and rightful owner of good title to any and all content, supplied via the Platform, and does not violate or infringe any rights, nor moral neither proprietary of any third Party.

10. Content Management Policy

10.1. Content, which You upload, post, e-mail, transmit, or otherwise make available through the Platform on your private resources shall at all times remain managed by You at Your sole discretion.
10.2. You shall ascertain that the content, You supply, remains in full compliance with the applicable legislative norms, and does not violate any applicable laws or regulations.
10.3. We shall not be held responsible for any potential violation of applicable legislative norms by the content of Creator.
10.4. We expressly confirm that storage, delivery, transmitting, deletion, of the content, supplied by the Creator remains beyond the control of the Company, and that at all times We shall not be held liable in the case of nondelivery, deletion, breach of timelines for the content supply, or any other action, affecting the procedure for content provision by the Creator.

11. Confidentiality

11.1. The Parties agree that in the course of performance of their obligations under the Terms, they might have access to the information, which is confidential.
11.2. In the case of receipt of such information, the party, disclosing such information is referred to as Disclosing Party, and the party receiving this information - the Receiving Party.
11.3. For the purpose of the Terms, as Confidential is regarded information, which became available for either Party in the course of their cooperation, and having commercial value for either Party because being unavailable for the third parties, including, but not being limited to: information regarding the Terms; internal information of the Parties, commercial secret, any personal data, know-how, intellectual property, information regarding the services, agreements, end purchasers, price structure, strategy, commercial abilities, payment services providers, Party's accounts in banks or other financial institutions etc.; information regarding fees, rent, and other payments, and the appendixes under the Terms; information about partners, agents, clients, purchasers, employees, related third parties of either Party, disclosed in the written or oral form, or by any other means.
11.4. In addition to the mentioned above, every piece of information shall be considered as confidential, in the case at the moment of the disclosure, the Disclosing Party has clearly identified it as confidential in the letters, acts of acceptance, in emails, in the written or oral form, or by any other means.
11.5. In accordance with the Terms, the Receiving Party undertakes to implement all the necessary measures in order to prevent the disclosure of the confidential information.
11.6. In addition, the Receiving Party shall be responsible for the preservation of the confidential information by its managers, employees, agent and representatives and in general apply such measures to preservation, and behave with the confidential information of the Disclosing Party in such way, as it would have behaved with its own confidential information.
11.7. Disclosure of confidential information is allowed only in the cases:
1. 11.7.1. When such disclosure is permitted by the legislation, provided that there has been an official request of the authorities for disclosure of such information. Upon receipt of such request, the Receiving Party undertakes to inform the Disclosing Party and implement all the measures available under the legislation, in order to prevent such disclosure;
2. 11.7.2. In the case, the confidential information has lost such status, when:
  1. 11.7.2.1. Such information has been received by the Receiving Party from any third party;
  2. 11.7.2.2. Such information has been received by the Receiving Party without use of the confidential information of the Disclosing Party;
  3. 11.7.2.3. At the moment of receipt, such information has already been available to the public.
11.8. The Company might share certain information, regarding the Creator and its payment with the third party provider, the Company expressly informs the User that in such case, the third party might have its own policies regarding managing of confidential information, and the Creator will be expressly informed of such, if this will be relevant to the case.
11.9. The Confidentiality Clause shall survive the termination of the Terms and remain effective for 5 years after its termination.

12. Restricted Jurisdictions

12.1. The Company strictly abides relevant provision of EU, US, UN and FATF grey and black list, and does not provide its services to the Creators from, as well as does not allow purchase of Creator's content for the end purchasers from territories, currently remaining under active sanctions.
12.2. If it comes to Our attention that You are providing services from the restricted jurisdiction, We remain in full legal capacity to terminate Our cooperation immediately and delete Your Creator's Account without prior warning.

13. No Liability

13.1. The Creator hereby expressly confirms that the Company shall not be considered liable, and will not be claimed liable by the Creator for potential violation of any applicable law or regulation, any harm or injury, resulting from the conduct of other Creators or related third parties.

14. Indemnification

14.1. The Creator agrees to indemnify, defend, and protect the Company from and against all lawsuits and costs of every kind pertaining to course of services provision under the Terms.

15. Refund Policy

15.1. If the User has not received access due to the Platform's fault, the Platform is obligated to either provide access again or refund the amount paid.
15.2. If the digital product has already been provided to the User and the User has actually gained access to it, no refund will be issued, except in the following cases:
1. a) when this is expressly required by mandatory law;
2. b) when the product was unavailable for a significant period of time due to the Platform's fault;
3. c) when the product description was materially inaccurate.
15.3. A refund request is reviewed by the Platform on a case-by-case basis, taking into account the actual provision of access, the amount of content already received, the presence of technical malfunctions, the circumstances of the purchase, and the mandatory legal provisions of the country's applicable consumer regulations.
15.4. Refunds will not be issued on the grounds that the User expected a different sports result, did not receive a win, disagrees with the analytical assessment, did not use the access after receiving it, or purchased access based on their own expectations regarding profit.

16. Privacy Policy

This Privacy Policy explains how WCL Alpha Limited ("Company", "we", "our", or "us") collects, uses, and protects your information when you use our website and services.

16.1. Information We Collect. We may collect the following information:
- Name
- Email address
- Phone number
- Billing information
- IP address and device information
- Any information voluntarily submitted by users
16.2. How We Use Your Information. We use collected information to:
- Provide and improve our services
- Process payments
- Communicate with users
- Prevent fraud and unauthorized activity
- Comply with legal obligations
16.3. Cookies. We may use cookies and similar technologies to improve user experience and analyze website traffic.
16.4. Sharing Information. We do not sell personal information. We may share data with trusted third-party providers such as payment processors, analytics providers, or legal authorities when required by law.
16.5. Data Security. We implement reasonable security measures to protect user information, but no method of transmission over the Internet is completely secure.
16.6. Third-Party Services. Our website may contain links to third-party websites or services. We are not responsible for their privacy practices.
16.7. Your Rights. Depending on your location, you may have rights to access, correct, or delete your personal data.
16.8. Changes to This Policy. We may update this Privacy Policy at any time. Changes become effective immediately upon posting.

17. Miscellaneous

17.1. Severability. Each of the provisions of these Terms is severable and distinct from the others, and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
17.2. Relationships between the Parties. Nothing in this agreement is intended, or shall be deemed to, establish any partnership, joint venture, or agency between the Parties. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
17.3. Communication and notices. All notices between the Parties shall be submitted in writing via personal delivery, email, relevant contact in messenger, or following creation of a ticket by Creator.
17.4. Conclusion and amendment. The Terms are considered to become effective between the Parties at the time You access the Platform and register Creator's Account in order to enter into formal cooperation with the Company for the purpose, explained in detail above. The Creator, by agreeing to be bound by these Terms confirms his capacity to enter into formal relations with the Company and perform his obligations, stipulated by the present document. The Company reserves the right to amend the Terms from time to time, as it might reasonably consider necessary, and to indicate the current version of the Terms in the document, of which it will duly inform the Creator via email, linked to the Creator's Account on the Platform. By continuing cooperation with the Company, the Creator confirms his acceptance of the amended Terms and is formally bounded by them, unless he expressly informs the Company of his desire to Terminate the Offer in accordance with the Section 9 hereto.
17.5. Waiver. The failure to exercise any right provided in the Terms shall not be a waiver of prior or subsequent rights.
17.6. Force majeure. The Company shall be exempt from liability for non-fulfillment of its obligations under the Terms, fully or partially, if this non-fulfillment has been caused by force-majeure circumstances that occurred after conclusion of the Terms and that the Parties could neither foresee, nor prevent. In case of occurrence of such circumstances the Company should forthwith notify the Creator. The notification should contain information on the nature of these circumstances, as well as official documents certifying existence of these circumstances and, if possible, evaluating their impact on the Company's possibility to fulfill its obligations. Under such conditions, the term for fulfillment by the Company of its obligations under the Terms shall be extended in proportion to the duration of these circumstances and their consequences.
17.7. No modification. No modification of the Terms shall be valid unless duly delivered to the Creator via email, connected to Creator's account, and made accessible by being posted on the Web page of the Platform.
17.8. As is. You expressly recognise that the Platform is provided as is, with any potential bugs, technical issues, faults, etc. The Company disclaims any warranties, representations and conditions as to the technical quality, fitness for particular purpose, and merchantability of the Platform, You use the Platform and obtain the services from the Company at your own risk.
17.9. Language. The Parties explicitly agree that the English language shall be considered as the primary language of the Terms, together with any and all documentation related to it, as well as the language of formal communication between the Parties, unless expressly agreed on a case to case basis via relevant means of communication.
17.10. Entirety. These Terms, shall constitute the entire agreement between the Parties and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each Party agrees that no remedy or remuneration shall be entitled except for those mentioned in the present Terms.
17.11. Governing law and dispute resolution. These Terms are constructed in accordance with the applicable legislation of the jurisdiction of Special Autonomous Region of Hong Kong. All issues, arising from the interpretation and application of, or not regulated by the Terms, as well as all the disputes, arising between the Parties, shall be resolved in accordance with the norms and laws of the jurisdiction of Hong Kong.