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Terms of Service

Last updated: October 4, 2024 | Version 1.0

Table of Contents

  1. Acceptance of Terms
  2. Eligibility
  3. Account Registration
  4. Service Description
  5. User Content
  6. Prohibited Conduct
  7. Payments and Transactions
  8. Creator Terms
  9. Intellectual Property
  10. Termination
  11. Disclaimers
  12. Limitation of Liability
  13. Indemnification
  14. Governing Law
  15. Apple App Store Terms
  16. Contact Information

1. Acceptance of Terms

By accessing or using AccessPass ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

We may modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility

To use AccessPass, you must:

  • Be at least 17 years old
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Service under applicable laws
  • Provide accurate, current, and complete information during registration
Age Requirement: AccessPass is strictly for users 17 years and older. We implement age verification during registration. Users found to be under 17 will have their accounts terminated immediately without refund.
Apple Users: Your use of AccessPass on iOS devices is also subject to Apple's Terms of Use. Apple is not a party to these Terms and has no responsibility for the Service.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

3.2 Account Types

  • User Account: For content consumers who purchase keys and unlock content
  • Creator Account: For content creators who monetize their content

4. Service Description

AccessPass provides:

  • A platform for creators to share and monetize content
  • A virtual key-based economy for content unlocking
  • Creator subscription services
  • Messaging and social features
  • Analytics and creator tools

We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

5. User Content

5.1 Content Ownership

You retain ownership of content you post. By posting content, you grant AccessPass a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for operating and promoting the Service.

5.2 Content Standards

Your content must not:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Contain hate speech, harassment, or threats
  • Include sexually explicit content involving minors
  • Promote illegal activities or substances
  • Contain malware or harmful code
  • Impersonate others or misrepresent affiliations

5.3 Content Removal

We reserve the right to remove content that violates these Terms or is otherwise objectionable, without prior notice.

6. Prohibited Conduct

You agree not to:

  • Use the Service for illegal purposes
  • Harass, abuse, or harm other users
  • Create multiple accounts or fake profiles
  • Manipulate or interfere with the Service
  • Attempt to gain unauthorized access
  • Scrape or harvest user data
  • Use bots or automated systems without permission
  • Circumvent any security features
  • Engage in fraudulent activities
  • Violate any applicable laws or regulations

7. Payments and Transactions

7.1 Virtual Currency (Keys)

  • Keys are virtual currency used within AccessPass
  • Keys have no monetary value outside the Service
  • Keys cannot be transferred between users (except as payment)
  • Unused keys expire according to our policy

7.2 Purchases

  • All key purchases are final and non-refundable except as required by law
  • Prices may change at any time
  • You are responsible for any applicable taxes
  • iOS purchases are processed exclusively through Apple App Store
  • Refund requests must be submitted through Apple's support system
  • We do not have access to your payment information

7.3 Creator Subscriptions

  • Subscriptions auto-renew unless cancelled
  • Cancellation takes effect at the end of the current period
  • No refunds for partial subscription periods
  • iOS users can manage subscriptions in iPhone Settings > Apple ID > Subscriptions
  • Subscription prices may increase with 30 days notice

7.4 Apple In-App Purchase Terms

For iOS users, the following additional terms apply:

  • Payment will be charged to your Apple ID account at confirmation of purchase
  • Subscription automatically renews unless turned off at least 24 hours before the end of the current period
  • Account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel subscriptions in your Apple ID Account Settings
  • Any unused portion of a free trial will be forfeited when purchasing a subscription

8. Creator Terms

8.1 Creator Eligibility

To become a creator, you must:

  • Be at least 18 years old
  • Provide valid tax information
  • Comply with all content guidelines
  • Maintain professional standards

8.2 Creator Revenue

  • Revenue share varies by Creator Pass tier (50%-85%)
  • Minimum payout threshold is 100 keys
  • Payouts processed within 14 business days
  • Creators are responsible for their own taxes

8.3 Creator Pass Subscriptions

  • Creator Pass provides enhanced features and revenue share
  • Subscription fees are non-refundable
  • Benefits vary by tier (Free, Pro, Elite, Ultimate)

9. Intellectual Property

9.1 AccessPass Property

The Service, including its design, features, and content (excluding user content), is owned by AccessPass and protected by intellectual property laws.

9.2 Trademarks

AccessPass and related logos are our trademarks. You may not use them without written permission.

9.3 Copyright Policy

We respect intellectual property rights. To report copyright infringement, contact us at legal@accesspass.app with:

  • Description of the copyrighted work
  • Location of the infringing content
  • Your contact information
  • Statement of good faith belief
  • Statement of accuracy under penalty of perjury

10. Termination

10.1 Termination by You

You may terminate your account at any time through account settings or by contacting support.

10.2 Termination by Us

We may suspend or terminate your account for:

  • Violation of these Terms
  • Illegal or fraudulent activity
  • Inactivity for extended periods
  • Any reason at our sole discretion

10.3 Effect of Termination

  • Access to the Service will cease immediately
  • Unused keys are forfeited
  • Content may be deleted
  • Outstanding creator earnings will be paid per policy

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee:

  • Uninterrupted or error-free service
  • Accuracy or reliability of content
  • Results from using the Service
  • Security of your data

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESSPASS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid us in the past twelve months or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless AccessPass, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content

14. Governing Law

14.1 Applicable Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall be conducted in California.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

15. Apple App Store Terms

15.1 Acknowledgment

You acknowledge and agree that:

  • These Terms are concluded between you and AccessPass only, not with Apple
  • AccessPass, not Apple, is solely responsible for the app and its content
  • Apple has no obligation to provide maintenance or support services for the app
  • Apple is not responsible for any product warranties

15.2 Apple's Role

In the event of any failure of the app to conform to applicable warranty:

  • You may notify Apple for a refund of the purchase price
  • Apple has no other warranty obligation whatsoever
  • Any claims, losses, liabilities, damages, costs or expenses attributable to warranty failure are AccessPass's sole responsibility

15.3 Product Claims

AccessPass, not Apple, is responsible for addressing any claims relating to the app, including:

  • Product liability claims
  • Claims that the app fails to conform to legal or regulatory requirements
  • Claims under consumer protection or similar legislation

15.4 Intellectual Property

In the event of any third-party claim that the app infringes intellectual property rights, AccessPass, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

15.5 Third-Party Beneficiary

You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

15.6 Export Restrictions

You may not use or export the app except as authorized by United States law and the laws of the jurisdiction in which the app was obtained. You represent that you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country.

16. Contact Information

For questions about these Terms, please contact us:

  • Email: legal@accesspass.app
  • Support: support@accesspass.dev
  • Website: https://accesspass.dev

For app functionality issues, contact us directly. For Apple App Store issues, contact Apple Support at https://support.apple.com/

17. Additional Terms

17.1 Entire Agreement

These Terms, along with our Privacy Policy and any applicable Apple terms, constitute the entire agreement between you and AccessPass regarding the Service.

17.2 Severability

If any provision of these Terms is found invalid, the remaining provisions shall continue in effect.

17.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms without restriction.

17.5 Survival

Provisions regarding content licenses, indemnification, disclaimers, and limitation of liability survive termination.

17.6 EULA

For iOS users: If we have not provided a custom End User License Agreement (EULA), your use of the app is subject to Apple's standard Licensed Application End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

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