Subtalks Interactive e.K. – Terms of Use
Last Updated: 08/04/2024
1. Acceptance of Terms
By accessing and using the services provided by Subtalks Interactive e.K. (hereinafter referred to as “Subtalks”) at https://react-to.com, you agree to comply with and be bound by the following terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.
2. Disclaimer
The materials on https://react-to.com are provided on an ‘as is’ basis. Subtalks makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Subtalks does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
3. Description of Service
Subtalks provides a platform that allows users (hereinafter referred to as “fans“) to request video reaction content of their favorite content creators (hereinafter referred to as “creators“). Upon registering a profile on https://react-to.com, every account is initially categorized as a fan. Upon publishing a creator page, a fan is automatically elevated to the status of a creator. In the process of publishing a creator page, creators set a price per reaction video. Fans can purchase reaction video content using their preferred payment method. A purchase equals the price per reaction video set by the creator. Creators also specify a timeframe in days they need to deliver requested reactions.
4. Creator Verification and Profile Publication
Publishing a creator page is free of charge but requires verification through an official social media account owned by the creator to verify the authenticity as the content creator and prevent any potential impersonation. Creators will be guided through this process via email upon submitting their creator page. The creator’s page will only be published and be visible to fans and non-registrered visitors after successful verification. In case of suspected fraud, Subtalks reserves the right to reject creator pages and might demand additional, reasonable verification proof such as a live video call to confirm the creators authenticity.
Upon publishing a creator’s profile, creators must at least complete the necessary fields as indicated in the form. This includes the creator’s name, price per reaction, the delivery timeframe, and a brief self-introduction for the fans.
5. Refunds and Age Restriction
a.Subtalks does not afford fans the capability to request a refund following a successful purchase, unless the requested content differs heavily from the delivered content output delivered by the creator, or there are compelling reasons such as fraud use of the fans payment method.
To request a refund please use use our contact form.
Please do not initiate a chargeback with your payment processor (Credit Card, Paypal) before contacting us. We are committed to finding a satisfactory solution for both parties and encourage you to reach out to us first.
b. Fans and creators below the age of 13 are expressly prohibited from registering and using an account without parental or legal guardian approval.
By using https://react-to.com, fans and creators under the legal age of 18 years acknowledge that certain features, such as purchasing reaction, require parental or legal guardian approval. Fans and creators are solely responsible for obtaining the necessary consent before engaging in such transactions.
Subtalks may employ age verification mechanisms during a purchase to ensure compliance with age-related restrictions. Fans and creators agree to cooperate with any verification process and provide accurate information as required.
If you are a parent or legal guardian allowing a minor to use https://react-to.com, you are responsible for granting permission for purchases and overseeing the minor’s activities on this website.
Subtalks is not liable for any misrepresentation of age or inaccurate information provided by fans and creators. Fans and creators are responsible for adhering to age-related restrictions and obtaining necessary approvals for purchases.
If fans and creators under the legal age of 18 years place orders without obtaining parental or legal guardian approval, it is understood that these transactions are non-refundable. Subtalks shall not be responsible for refunding any orders spent in violation of age-related restrictions, and users acknowledge that they are solely responsible for obtaining the necessary consent before engaging in such transactions. Parents or legal guardians are urged to closely monitor and oversee the activities of minors on this platform to prevent unauthorized purchases and usage.
c. In the event that a fan initiates a chargeback for their payment due to fraud or similar reasons, Subtalks reserves the right to deduct the corresponding amount of revenue from the creator’s account. If the creator has already received a payout equivalent to the amount deducted, their account may go into a negative balance. Subtalks will notify the creator of any such deductions and negative balances.
6. System Availability and Privacy
a. Subtalks endeavors to maintain its system online as consistently as possible. However, users acknowledge and agree that Subtalks cannot guarantee a 100 percent uptime. Unforeseen technical issues, maintenance, or other factors may impact the availability of the system.
b. All messages exchanged through the messaging system of https://react-to.com are considered private communication between fans and creators. Fans and creators are expressly prohibited from sharing the content of these conversations publicly without the explicit permission of all parties involved. Violation of this provision may result in the deletion of the account.
7. Storage Duration
All messages and order details are stored on Subtalks servers for the duration of the user’s account activity. Upon the deletion of a user’s account, Subtalks guarantees the complete deletion of all associated messages and order details from its servers. We encourage you to review our Privacy Policy for comprehensive details on how we manage and address privacy-related matters.
9. Payouts and Fees
Creators may request payouts once they accumulate a minimum of $100. Subtalks deducts a 5% fee from each total payout. On occasion, creators may be eligible for a fee waiver during specific voucher promotions. Subtalks retains the right to adjust payout fees at its discretion. However, Subtalks is committed to giving creators a minimum of 60 days’ advance notice through email and updated terms of use before implementing any changes.
To facilitate payout processing, creators are obligated to provide their payout details, including personal information and bank details, within their account at https://react-to.com. Payouts will be issued in either euros (€), US dollars ($), Canadian dollars ($) or Australian dollars ($) depending on the creators bank details. The exchange rate between US dollar ($) and any other currency on payout days will apply.
Payout processing follows a standardized timeline of 30 days from the date of the initiated payout request. This ensures that creators can anticipate their payouts within a consistent timeframe. By adhering to this 30-day processing period, the platform upholds financial integrity and security standards, mitigating risks associated with chargebacks or fraudulent transactions.
Subtalks will provide invoices with each payment; however, creators are responsible for managing tax obligations in accordance with the regulations applicable in their respective countries.
In the rare event of incorrect payment or tax calculations, creators are advised to promptly contact Subtalks support for resolution.
10. Fan and Creator Account Limitation
Registration on Subtalks is without charge for both fans and creators. Each individual, whether identified as a fan or creator, is expressly limited to a singular account for each classification. This stipulation dictates that a single legal entity may possess only one creator account and one fan account. The establishment of more than one fan account per legal entity is prohibited.
Any contravention of this provision may result in the imposition of penalties, including the suspension or termination of all accounts affiliated with the implicated legal entity.
11. Purchases and Taxes
Purchasers, herein referred to as fans, are obligated to remit value-added tax (VAT) or sales Tax in accordance with the prevailing tax regulations of their country of residence. This Tax shall be levied on the total transaction amount when placing orders on https://react-to.com.
Conversely, creators bear the responsibility of navigating their tax liabilities, including value-added tax (VAT) or sales tax, for each payout transaction. This entails strict adherence to the tax regulations stipulated by the relevant authorities in their respective countries.
12. Copyright of uploaded Images and Third-Party Claims
a. All images uploaded by creators and fans on https://react-to.com are subject to copyright protection. Creators and fans retain the copyright to their respective images and, therefore, any unauthorized sharing, reproduction, or distribution of these images without explicit permission from the copyright owner is strictly prohibited. Users must seek permission from the respective creators or fans before sharing or using any uploaded images outside the platform. Subtalks disclaims any liability for copyright infringement arising from the unauthorized use of images uploaded by creators and fans.
b. In the event that a third party asserts a copyright claim against Subtalks arising from an image uploaded by a fan or creator, the responsibility for resolving such claims rests solely with the respective fan or creator. Subtalks is not liable for any copyright infringement claims related to user-uploaded content. By uploading images, fans and creators affirm that they have the legal right to do so and indemnify Subtalks against any claims, demands, or damages arising from copyright infringement. Subtalks, upon receiving a valid copyright infringement notice, will act promptly to remove the disputed content from the platform.
13. Customer Support
Subtalks offers support services to address inquiries from fans, creators, press and others. Our assistance avenues include a help center, a contact form, and direct email support at hello@react-to.com. We strive to provide efficient customer support in English and German languages.
Please note that Subtalks exclusively utilizes the mentioned channels for customer support and does not extend assistance through phone or any alternative methods. Subtalks is committed to promptly addressing inquiries. Response times may vary based on the nature of the inquiry or external factors such as holidays. While Subtalks endeavors to respond at the earliest convenience, it is important to acknowledge that certain circumstances may lead to responses taking several working days.
14. Limitations
In no event shall Subtalks or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on https://react-to.com, even if Subtalks or a Subtalks authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
15. Accuracy of materials
The materials appearing on https://react-to.com could include technical, typographical, or photographic errors. Subtalks does not warrant that any of the materials on its website are accurate, complete or current. Subtalks may make changes to the materials contained on its website at any time without notice. However Subtalks does not make any commitment to update the materials.
16. Links
Subtalks has not reviewed all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Subtalks of the site. Use of any such linked website is at the user’s own risk.
17. Modification of Terms
Subtalks reserves the right to modify or update these terms of use at any time. Fans and creators are encouraged to review the terms periodically. Continued use of the platform after modifications constitutes acceptance of the updated terms.
18. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the Federal Republic of Germany and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
19. General
These terms represent the entire agreement of https://react-to.com between Subtalks and fans/creators and supersede any prior agreements. If any provision of these terms is found to be invalid, the remaining provisions will continue to be valid and enforceable.
For any questions or concerns, please contact us at hello@react-to.com.