PolyPlay’s Payment Terms

Last Updated: December 19 2022

The following terms (these “Payment Terms”) govern payments you make or receive through www.PolyPlay.io (the “Site”), operated by  EPEAK Studio USA Inc., 2945 Townsgate Road, Suite 20, Westlake Village, CA 91361, USA.

PolyPlay Inc. (38 Greene St. NY 10013, NY, USA) processes card payments from the U.S. and PolyPlay Limited (Lemesou 11, 2112 Nicosia, Cyprus) processes card payments from outside the U.S. PolyPlay International Ltd. and its subsidiaries, PolyPlay Inc. and PolyPlay Limited, are collectively referred hereto as “PolyPlay” “we” or “us”.

Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to Terms of Service”).

Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service. 

PolyPlay Balance is the aggregated amount of your Revenue as a Vendor.

Payment method is the solution / source of funds from which a Buyer is emitting funds to pay for a service.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Vendors in connection with the PolyPlay platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Vendors, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with PolyPlay Balances.

Revenue is the money that Vendors earn from completed orders.

Receiving Payments

General 

Each Vendor Service you sell and successfully deliver, accredits your account with revenue equal to 80% of the purchase amount.

PolyPlay accredits Vendors once an order is completed. See the “Orders” section in the Terms of Service for a definition of a completed order.

If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Payment method.

Vendors are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Vendors represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Vendor Service pages is inclusive of all such taxes and charges that may apply to the Vendors.

Appointment as Limited Payment Collection Agent: Vendor hereby appoints PolyPlay as Vendor’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Vendor.  Vendor agrees that payment from Buyer to PolyPlay shall be considered the same as a Payment made directly to Vendor. Buyer’s payment obligation to Vendor will be satisfied upon receipt of payment by PolyPlay (or its Payment Services Provider, as applicable), and PolyPlay (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Vendor in the manner described in these Payment Terms. In the event that PolyPlay (via Payment Services Provider) does not remit any such amounts to Vendor, the Vendor will have recourse only against PolyPlay and not the Buyer directly. Vendor agrees that PolyPlay may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that PolyPlay may deem necessary or prudent.

PolyPlay partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Vendors, and holding funds in connection with PolyPlay Balances. All payments services in connection with the withdrawal of funds on the PolyPlay platform are performed by PolyPlay’s Payment Services Providers.

Withdrawing Revenues

To withdraw your revenue, you must have an account with at least one of PolyPlay’s Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with PolyPlay’s Payment Services Provider.  All payment services, including withdrawal services, will be provided by PolyPlay’s Payment Services Provider.

Your PolyPlay profile can be associated with only one account from each PolyPlay withdrawal method. A Payment Service Provider withdrawal account can be associated with only one PolyPlay profile.

Revenues are only made available for withdrawal from the Dashboard -> Settings -> Payment page following:

1-  A safety clearance period of 15 days after the order is marked as completed. 

2- The Vendor account at PolyPlay has reached a minimum holding value of USD $1000. 

Vendors may withdraw their revenues using one of PolyPlay’s withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.

For security concerns, PolyPlay may temporarily disable a Vendor’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple PolyPlay accounts to a single withdrawal provider.

Withdrawals can only be made in the amount available to you.

Withdrawal fees vary depending on the withdrawal method.

Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.

Your PolyPlay Balance is always derived from its US$ value and, therefore, the local currency amount of your PolyPlay Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Vendors only have the option to withdraw Revenues in US$.

Vendors will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to PolyPlay’s approval.

Withdrawal Methods

Direct Deposit (ACH) – $1 per transfer*. For more information, see Pricing and Fees. Available only in the US.

IBAN / International Bank transfer via SWIFT – $25 per transfer*.

* Additional fees may apply based on your location and currency.

Purchasing

General

Buyers pay PolyPlay to create an order from a Vendor’s Service page.PolyPlay partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Vendors, and holding funds in connection with PolyPlay Balances. All payments services in connection with the collection of funds on the PolyPlay platform are performed by PolyPlay’s Payment Services Providers.

PolyPlay serves as Vendor’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Vendor. Buyer’s payment obligation to Vendor will be satisfied upon receipt of payment by PolyPlay (or its Payment Services Provider, as applicable), and PolyPlay (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Vendor in the manner described in these Payment Terms. In the event that PolyPlay (via Payment Services Provider) does not remit any such amounts to Vendor, the Vendor will have recourse only against PolyPlay and not the Buyer directly.

In most locations, purchases on PolyPlay can be made by using one of the following payment methods: Credit Card or Direct bank transfer (to a US or European account). 

You may not offer Vendors to pay, or make payment using any method other than through the PolyPlay.io site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

You agree to receive invoices and/or payment receipts from PolyPlay in electronic form as PDF documents, by email or through the Site.

To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either PolyPlay or PolyPlay’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. PolyPlay is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.

By using any payment method and/or providing payment details for making purchases on PolyPlay, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on PolyPlay; and (d) such actions do not violate any applicable law.

Local Currencies

You can pay on PolyPlay only in USD as of March 2022.. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by PolyPlay’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.

If you paid for an Order in a currency other than US$ and your Order was later canceled for any reason, the amount returned to your PolyPlay Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.

Your PolyPlay Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your PolyPlay Balance in any currency other than US$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same US$ value. Users always have the option to view their PolyPlay Balance in US$ by changing their selected displayed currency.

Promo Codes

From time to time we may offer you promo codes for purchasing Services and/or other services offered on the Site, on special discounts. Promo Codes are valid only for purchases on PolyPlay and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. For orders that are composed of one or more milestones, the promo code will apply to the first milestone only. Promo Codes do not apply to PolyPlay Credits. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. PolyPlay reserves the right to modify or cancel promo codes at any time.

Taxes

PolyPlay may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount PolyPlay will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount PolyPlay will be required to withhold will be deducted from the Vendor’s revenue, as required by applicable laws.

Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment. 

Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Disputes and Cancellations

We encourage our Buyers and Vendors to try and settle conflicts amongst themselves. If for any reason this fails after using the Order Support Tickets or if you encounter non-permitted usage on the Site, users can contact PolyPlay’s Customer Support department for assistance here.

Basics

Order cancellations can be performed on PolyPlay, when eligible, by Customer Support or through the Order Support Tickets per order.

Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.

PolyPlay, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.

If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Payment method.

Requesting to gain more services from Vendors beyond the agreed order is not allowed.

Order Cancellations

PolyPlay encourages Buyers and Vendors to resolve service disputes mutually using the Order Support Tickets.

Eligibility for requests to PolyPlay to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the PolyPlay delivery system. See below for Order specific eligibility.

Completed orders may be canceled, upon review of our Customer Support team, up to 15 days after the order is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).

In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 15 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s Payment method and will be deducted from the Vendor’s PolyPlay Balance or, if there are no sufficient amounts in the Vendor’s PolyPlay Balance, from future revenues of such Vendor.

Orders are not eligible to be canceled based on the quality of service/materials delivered by the Vendor if the service was rendered as described in the Vendor ServicePage. You may rate your experience with the Vendor on the Order Page, including the overall level of service quality received.

You must use PolyPlay Order Support Tickets to address your concerns and desired resolution related to the service provided by their Vendor prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Vendor of issues related to the Vendor’s service and will allow Vendors to provide a resolution first. This does not include non-permitted usage of PolyPlay.

Any non-permitted usage of PolyPlay encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of PolyPlay’s Terms of Service.

PolyPlay Customer Support will cancel orders based on, but not limited to, the following reasons:

Active orders (after requirements were submitted to the Vendor and before the Vendor delivers on PolyPlay):

The Vendor is late and unresponsive for more than 24 hours.

Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.

Users supplied or included copyright/trademark infringing materials as part of their requirements or the Vendor’s delivery.

The user is no longer an active PolyPlay user due to Terms of Service violations or closure of their account.

The Vendor requests additional payments, on or off the PolyPlay platform, by withholding the final delivery of services directly related to the agreed requirements.

The Vendor is withholding the final delivery of services for improved ratings.

Users who threaten to leave a damaging review to gain more services from the Vendor not related to the agreed requirements.

Completed Orders (after the order is marked as complete and before the 15-day limitation)

Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Vendor’s ServicePage and cannot be retroactively included once the order is completed for over 15 days.

PolyPlay Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Order Support Tickets that enabled the order to be marked as complete.

Chargebacks 

PolyPlay reviews cases of payment provider chargebacks and disputes on behalf of Vendors. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Vendor’s favor. If the chargeback case allows, PolyPlay (or one of PolyPlay’s Payment Services Providers) will return parts or full revenue back to Vendors, otherwise the chargeback amount will be borne by the Vendor. 

Refunds

PolyPlay does automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Payment method 

Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

General Terms

Modifications

PolyPlay may make changes to these Payment Terms from time to time. When these changes are made, PolyPlay will make a new copy of the terms available on this page.

You understand and agree that if you use PolyPlay after the date on which the Payment Terms have changed, PolyPlay will treat your use as acceptance of the updated Payment Terms.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PolyPlay NOR ANY PERSON ASSOCIATED WITH PolyPlay MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL PolyPlay, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF Vendor, PolyPlay AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF Vendor.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with PolyPlay, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.