Metafy Terms of Service

Welcome, and thank you for your interest in Metafy, Inc. (“Metafy,” “we,” “our,” or “us”) and our website at metafy.gg, along with our related websites, networks, applications, platform, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you (“you”) and Metafy regarding your use of the Service. These Terms (defined below) apply to you whether you are (i) browsing our websites, (ii) using the Service, or (iii) acting as a Partner (defined below) via the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING METAFY’S PRIVACY POLICY AND CODE OF CONDUCT (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND METAFY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY METAFY AND BY YOU TO BE BOUND BY THESE TERMS.

PARENTAL CONSENT. IF YOU ARE UNDER 18 YEARS OF AGE (A “MINOR”), YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICE, AND YOU MAY ONLY USE THE SERVICE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS ON YOUR BEHALF, INCLUDING ALL DISCLAIMERS, WAIVERS AND RELEASES.

PARTNERS’ NOTICE. YOU MUST BE AT LEAST 18 YEARS OF AGE TO BE A PARTNER. If you are individually offering services via the Metafy platform (a “Partner”), you agree to these Terms as well as the Metafy Expert Terms (the “Expert Terms”). To the extent, the Expert Terms conflict with these Terms, the Expert Terms control.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 17, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND METAFY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

RELATIONSHIP OF THE PARTIES. YOUR USE OF THE SERVICE, INCLUDING AS A PARTNER, DOES NOT CREATE AN EMPLOYEE-EMPLOYER OR CONTRACTOR-EMPLOYER RELATIONSHIP WITH METAFY.

1. Metafy Service Overview. Metafy connects gamers with experts for the best in learning and entertainment.
2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are a parent or the legal guardian of a Minor accepting these Terms on the Minor’s behalf, you represent and warrant that you have the legal authority to bind the Minor to these Terms and you also agree to be bound by these Terms. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your username, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at [email protected].
4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable, except as required by law, unless otherwise specifically provided for in these Terms.
   1. Fees. Certain features of the Service may require you to pay for services (“Partner Services”), including live sessions, bundles and any add-ons determine pricing for their Services (“Partner Fees”). Metafy will make reasonable efforts to keep Partner Fees published on the Service up to date. We encourage you to check the games listed on our website for each Partner’s pricing information. Metafy may change the fees for any feature of the Service, including adding additional fees or charges, if Metafy gives you advance notice of changes before they apply. Metafy, at its sole discretion, may make promotional offers with different features and different pricing to any of Metafy’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. If a promotional offer is made to you, you can only take advantage of such offer one time unless expressly set forth otherwise in the offer, and any abuse or reuse of promotional offers constitutes a violation of these Terms.
   2. Platform Fees. Metafy may change the Platform Fee, including adding additional fees or charges, if Metafy gives you advance notice of changes before they apply.
   3. Session Fees. Metafy may change the Session Fees, including adding additional fees or charges, if Metafy gives you advance notice of changes before they apply.
   4. Refund Policy.
      1. If you have purchased Partner Services and have not attended a Partnering session or otherwise utilized the Partner  Services, you may request a refund within 90 calendar days from your date of purchase (the “Refund Window”) by contacting the Metafy Partner from whom you made the purchase. If you have purchased Partner Services and have not attended a Partnering session or otherwise utilized the Partner  Services, you may request a refund to your original payment source within 90 calendar days from your date of purchase (the “Refund Window”) by contacting Metafy at [email protected], in which case Metafy will refund the Partner Fees and Platform fees to your original payment method.

For sessions with more than one scheduled attendee (a ”Group Session”), refund requests must be made at least 48 hours before the scheduled session start time. Requests made within 48 hours of the session start time will not be eligible for a refund. All eligible Group Session refund requests will refund the Partner Fees and Platform fees to your original payment method.

With regards to having purchased any bundled services, if you have not attended a session or utilized a service, you may request a refund within the Refund Window by contacting Metafy at [email protected], in which case Metafy will refund the Partner Fees and Platform fees to your original payment method.

If you have not utilized the Partner Services and request a refund after the Refund Window, Metafy will refund the Partner Fees and Platform Fees to your account on the Service as credit which can only be used on the Service. If you have attended one or more sessions, or utilized one or more services offered via a bundled service, the service in question will be non-refundable.

In the event you are unhappy with the Partner Services that you’ve received and would like a refund, please contact Metafy at [email protected] and Metafy may in its sole discretion, provide a refund.

1. Refunds for any Metafy Memberships are available within 72 hours of purchase. Refunds and partial refunds can only be made back to the original credit card that was used to purchase the Membership. If you cancel your Metafy Pro Membership within the month it was purchased, any or all features of the subscription may cease immediately at Metafy’s discretion. If Metafy has added funds to your Metafy Wallet as a feature of the Membership, these funds shall be removed at the time of cancellation. If these funds have been spent and are no longer available to be removed from your Metafy wallet, your subscription will be considered nonrefundable for the month in which the funds were added. You can request a refund by contacting Metafy support via email ([email protected]), using our help center, or through a support ticket on Discord.
2. Tipping. If you’re enjoying the Partner Services, you can send your Partner a monetary “Tip”. The Partner receives 100% of the Tip. While the entire Tip amount goes to the Partner, additional platform fees (“Tipping Platform Fee”) and payment processing fees will be assessed to you separately by Metafy and Stripe respectively. If you wish to Tip a Partner, the minimum Tip is $1.00 USD and the maximum Tip is $100.00. You can Tip the same Partner multiple times a day, but you can’t tip more than $100 per Partner each day. Metafy charges users a Tipping Platform Fee equal to 2.9% of the Tip amount plus thirty (30¢) cents. If the Tip feature is available to you, to give a Tip, you must be 18 years of age or older (or age of majority in the jurisdiction in which you reside). To receive a Tip, a Partner must be 18 years old, in compliance with these Terms, the Metafy Expert Terms and be in good standing, including adherence with Metafy’s Code of Conduct. If your account is found to be in violation of any of the above, your account will permanently or temporarily be removed from receiving Tips, depending on severity. All Tips are considered nonrefundable.
3. Payment Processing. Payment processing services are provided by Stripe. You will be subject to the Stripe Services Agreement and the Stripe Global Privacy Policy. For all payments, you authorize Metafy to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Metafy, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Metafy may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payments for the provision of Partner Services are set forth in the Metafy Expert Terms.
4. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Upon purchasing a Subscription Service, you will receive an email regarding the Subscription Service, including information on how you may cancel your subscription. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Metafy or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period (the “Subscription Fee”).