TERMS OF USE FOR ALL USERS

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for all Users govern your use of Parakee and your agreement with us.
Interpretation: In the Terms of Service:
1. we refer to our website as “Parakee”, including when accessed via the URL www.parakee.io;
2. references to “we“, “our“, “us” are references to Fenix International Limited, the operator of Parakee;
3. “Host” means a User who has set up their Parakee account as a Host account to post recordings on Parakee to be viewed by other Users;
4. “Guest” means a User who follows a Host and is able to view the Host’s recordings;
5. “Guest/Host Transaction” means any transaction between a Guest and a Host on Parakee by which video call is scheduled and carried out via pay-per-minute video calls;
6. “Guest Payment” means any and all payments made by a Guest to a Host (i) in connection with a Guest/Host Transaction;
7. “Referring User” means a User who participates in the Parakee Referral Program;
8. “Standard Contract between Guest and Host” means the terms which govern each Guest/Host Transaction, which can be found here;
9. “Terms of Service” (also called “your agreement with us“) means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Guests, (iii) Terms of Use for Hosts, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms; and (ix) Community Guidelines;
10. “United States” means the United States of America; and
11. “User” means any user of Parakee, whether a Host or a Guest or both (also referred to as “you” or “your“).
Who we are and how to contact us: Parakee is operated by Carova Labs. We are a limited company registered in North Carolina, USA, and we have our registered office address at 130 N Front St, 301, Wilmington, North Carolina 28401, US
To contact us with any questions about Parakee, please email our support team at [email protected]. If you are unable to contact us by email, please write to us at the following address: 130 N Front St, 301, Wilmington, North Carolina 28401, US.
How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
1. to reflect changes in laws and regulatory requirements which apply to Parakee and the services, features and programs of Parakee where such changes require Parakee to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
2. to address an unforeseen and imminent danger related to defending Parakee, Guests or Hosts from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Parakee, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Parakee.
We may make changes to or suspend or withdraw Parakee: We may update and change Parakee from time to time for any reason, including to reflect changes to our services, Users’ needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Parakee, or any recordings on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Parakee for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with Parakee: To use Parakee you must first register and create a User account on Parakee. You must provide a valid email address, a username, and a password or authenticate using a Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Parakee site for the composition of passwords. To register as a User:
1. you must be at least 18 years old, and you will be required to confirm this;
2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
3. you must be permitted by the laws of the country or State/province where you are located to join Parakee and to view any recordings available on it and to use any functionality provided by it.
4. you must provide such other information or verification records as we require.
If you do not meet the above requirements, you must not access or use Parakee.
Your commitments to us: When you register with and use Parakee, you make the following commitments to us:
1. If you previously had an account with Parakee, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
2. You will make sure that all information which you submit to us is truthful, accurate and complete.
3. You will update promptly any of your information you have submitted to us as and when it changes.
4. You consent to receiving communications from us electronically, including by emails and messages posted to your Parakee account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
5. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact [email protected] promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
6. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
7. You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of Parakee.
Rights we have, including to suspend or terminate your account:
1. We can but we are not obligated to moderate or review any of your Past video calls to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
2. We reserve the right in our sole discretion to terminate your agreement with us and your access to Parakee for any reason by giving you 30 days’ notice by email or electronic message to your Parakee account. We can also suspend access to your User account or terminate your agreement with us and your access to Parakee immediately and without prior notice:
  - if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
  - if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Parakee.
3. If we suspend access to your User account or terminate your agreement with us and your access to Parakee we will let you know. During any period when access to your User account is suspended, any Guest Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Host Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Hosts.
4. Upon termination of your account, we may deal with your recordings in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your recordings. There is no technical facility on Parakee for you to be able to access your recordings following termination of your account.
5. We can investigate any suspected or alleged misuse, abuse, or unlawful use of Parakee and cooperate with law enforcement agencies in such investigation.
6. We can disclose any information or records in our possession or control about your use of Parakee to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
7. We can change the third-party payment providers used to process payments on Parakee and if we do so, we will notify you and store applicable details on your Parakee account.
8. Other than recordings (which is owned by or licensed to Hosts), all rights in and to Parakee and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
9. We are the sole and exclusive owners of any and all anonymised data relating to your use of Parakee and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing Parakee to you, but there are certain things which we are not responsible for, as follows:
1. We do not authorize or approve any discussion on Parakee, and views expressed by Hosts or Guests on Parakee do not necessarily represent our views.
2. We do not grant you any rights in relation to recorded calls. Any such rights may only be granted to you by Hosts.
3. Your recorded calls may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your recorded calls. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Parakee, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Parakee.
4. You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Parakee and that if you choose to do so, you do so entirely at your own risk.
5. We make no promises or guarantees of any kind that Hosts or Referring Users will make a particular sum of money (or any money) from their use of Parakee (including the Parakee Referral Program).
6. The materials which we make accessible on Parakee for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
7. We do not promise that Parakee is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Parakee. You should use your own virus protection software.
8. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Parakee.
9. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
10. You acknowledge that once a video is recorded on Parakee, we cannot control and will not be responsible to you for the use which other Users or third parties make of such recordings. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your recordings which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
Intellectual property rights – ownership and licenses:
1. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your recordings or that you have obtained all necessary rights to your recordings which are required to grant licenses in respect of your recordings to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which Parakee is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
2. You agree to grant us a license under all your recordings to perform any act restricted by any intellectual property right (including copyright) in such recordings, for any purpose reasonably related to the provision and operation of Parakee. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your recordings, and otherwise deal in your recordings.
3. The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Parakee, that we do not have to pay you for the license, and that we can grant a sub-license of your recordings to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your recordings, to make your recordings available to other Users of Parakee, as well as to use your recordings for other normal operations of Parakee. We will never sell your recordings to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
4. Whilst we do not own your recordings, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your recordings without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your recordings. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
5. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any recordings posted by you on Parakee. This waiver does not affect in any way your ownership of any intellectual property rights in your recordings or the rights which you have to prevent your recordings from being copied without your permission. The waiver is intended to allow us when dealing with your recordings (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your recordings.
Twitter: Users have the facility to connect an active Twitter account to their Parakee account and to share certain recordings in the form of Parakee posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter’s terms of service from time to time in respect of any recordings shared in this way.
Linking to and from Parakee:
1. Links to Parakee:
  - You may link to the Parakee homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
  - If you are a Host, when promoting your Host account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Host account. When promoting your Host account, you must not impersonate Parakee or give the impression that your Host account is being promoted by us if this is not the case. You must not promote your Parakee account by using Google Ads or any similar advertising platform or search engine advertising service.
2. Links from Parakee: If Parakee contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Parakee, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
3. Domain Names: In some instances, Parakee may allow Hosts to register or use domain names that contain the Parakee trademark or a confusingly similar term. However, you will not register such a domain name, unless:
  - The domain name is registered by the Host.
  - The domain name redirects to the Host’s Parakee profile. Domain names containing the Parakee trademark or a confusingly similar term must not direct to any other website, including link aggregators.
  - The Host obtains prior written permission from Parakee and signs a licensing agreement.
4. If you would like to register a domain name containing the Parakee trademark or a confusingly similar term, please contact [email protected]. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in Parakee filing a domain dispute against the registrant.
How do I delete my account? If you want to delete your Parakee account then you may do so in the ‘User Account’ section of your Parakee account.
1. If you are a Guest, the deletion of your account will take place within a reasonable time following your request.
2. If you are a Host, then once you initiate the “delete account” process your account will remain open until the last day of your Guests’ paid Subscription period, following which you will receive your final payment and your account will be deleted.
3. If you are both a Guest and a Host then your account will be deleted in two stages (Guest first and then Host).
4. Once your account has been deleted you won’t be charged any further amounts or have access to your former Parakee account or its recordings will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your recordings in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your recordings. There is no technical facility on Parakee for you to be able to access your recordings following termination of your account.
Who is responsible for any loss or damage suffered by you?
1. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
2. If you are a consumer User: If you are a consumer User, you agree that:
  - We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Parakee.
  - If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
3. If you are a business User: If you are a business User, you agree that:
  - We and our subsidiary companies, employees, owners, representatives, and agents:
    - exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Parakee or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
    - are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
    - won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
      1. your inability to use Parakee or any of its services, features or programs; or
      2. your use of or reliance on any content (including recordings) stored on Parakee;
    - won’t be liable to you for any:
      1. loss of profits;
      2. loss of sales, business, or revenue;
      3. business interruption;
      4. loss of anticipated savings;
      5. loss of business opportunity, goodwill or reputation;
      6. loss of data or information, including any recordings; or
      7. indirect or consequential loss or damage;
    - won’t be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Parakee or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
    - won’t be liable to you if your recordings is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
    - won’t be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing“);
    - won’t be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
  - Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
    - 100% of the total fees paid by you to us in connection with your use of Parakee; and
    - USD 5,000.
General: You agree that:
1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
3. We reserve all rights not expressly granted to you.
4. No implied licenses or other rights are granted to you in relation to any part of Parakee, save as expressly set out in the Terms of Service.
5. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives and agents.
6. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
7. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
8. The Terms of Service form the entire agreement between us and you regarding your access to and use of Parakee, and supersede any and all prior oral or written understandings or agreements between us and you.
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of Parakee (including those arising from or relating to your agreement with us) can be brought:
1. For consumers (Guests):
  - Consumers – Law:
    - If you are a consumer, your agreement with us is governed by United States law and United States law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Parakee, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of Parakee (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
  - Consumers – where claims must be brought:
    - If you are a consumer resident in the United States, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Parakee (including, in both cases, non-contractual disputes or claims) may be brought in the courts of the United States.
    - If you are a consumer resident outside of the United States,, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Parakee (including, in both cases, non-contractual disputes or claims) must be brought in the courts of the United States.
2. For business Users (Hosts and Referring Users):
  - Business Users – Law:
    - If you are a business User, your agreement with us is governed by United States law and United States law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Parakee, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of Parakee (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
  - Business Users – where claims must be brought:
    - If you are a business User, you and we agree that the courts of the United States shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of Parakee.
3. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Parakee (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
1. Terms of Use for Guests – which contain additional terms which apply if you use Parakee as a Guest;
2. Terms of Use for Hosts – which contain additional terms which apply if you use Parakee as a Host;
3. Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
4. Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on Parakee;
5. Referral Program Terms – which outline the terms that apply if you participate in the Parakee Referral Program;
6. Complaints Policy – which sets out the procedure for making a complaint about any aspect of Parakee, and how we will deal with that complaint;
7. Platform to Business Regulation Terms – which contain additional terms which apply to Hosts who are established or resident in the United States; and
8. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Parakee.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the Terms of Use for all Users will apply to the extent of the conflict.

Last updated: October 2023

TERMS OF USE FOR GUESTS

BY USING OUR WEBSITE AS A GUEST YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Guests are additional terms which apply if you use Parakee as a Guest (also referred to as “you” and “your” in these Terms of Use for Guests). These Terms of Use for Guests form part of your agreement with us.
Interpretation: In these Terms of Use for Guests, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. “VAT” means United States value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
2. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the US or any other jurisdiction.
Other terms which will apply to your use of Parakee: The following terms will also apply to your use of Parakee and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Use Policy – which tells you what you can and can’t do on Parakee;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Parakee, and how we will deal with that complaint;
5. The Standard Contract between Guest and Host – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Guest/Host Transaction you enter into on Parakee; and
6. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Parakee.
Other terms which may apply to your use of Parakee: The following additional terms may apply to your use of Parakee:
1. If you are also a Host, the Terms of Use for Hosts will apply to your use of Parakee as a Host;
2. If you are a Host who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you; and
3. If you participate in the Parakee referral program, the Referral Program Terms will apply to your use of the Parakee Referral Program.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
1. you are at least 18 years old;
2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;
3. you will provide such other information or verification records as we require.
4. you are permitted by the laws of the country or State/province where you are located to join Parakee and to make video calls and view any recordings available on it and to use any functionality provided by it; and
5. you are able and willing to make payment (where required) to schedule and make calls on Parakee which you wish to view and to use any functionality provided by Parakee that you wish to use.
recordings – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the video calls made and the recordings posted, displayed, uploaded or published by you as a Guest on Parakee:
1. You warrant (which means that you make a legally enforceable promise to us) that for each item of recordings which you post, display, upload or publish on Parakee:
  1. the recordings complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
  2. you either own your recordings (and all intellectual property rights in it) or have a valid license to your recordings; and
  3. if your recordings includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your recordings and for the subsequent use and exploitation of that recordings on Parakee.
2. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
3. We are not responsible for and do not endorse any aspect of any recordings posted by you or any other User of Parakee. We do not have any obligation to monitor any recordings and have no direct control over what your recordings may comprise.
Purchases by Guests: This section describes the terms which apply to Guest/Host Transactions:
1. All Guest/Host Transactions are contracts between Guests and Hosts on the terms of the Standard Contract between Guest and Host. Although we facilitate Guest/Host Transactions by providing the Parakee platform and storing recordings we are not a party to the Standard Contract between Guest and Host or any other contract which may exist between a Guest and Host, and are not responsible for any Guest/Host Transactions.
2. Hosts are solely responsible for determining (within the parameters for pricing on Parakee) the pricing applicable to Guest/Host Transactions and the video calls to which you may be given access. All prices appear in USD only.
3. Guest Payments are exclusive of VAT, which shall be added at the current rate as applicable to Guest Payments.
4. To be able to enter into a Guest/Host Transaction with a particular Host, you must first add a payment card to your account and then click the ‘Book’ button on the relevant Host’s profile.
5. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Guest Payment. All Guest Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
6. If you choose to provide details of two or more payment cards, then if you try to make a Guest Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Guest Payment.
7. The payment provider will take (i) periodic payments from your payment card for Guest Payments which are Subscriptions; and (ii) immediate payments from your payment card for Guest Payments other than Subscriptions (including any tips paid by you to a Host). You authorize and consent to each of these payments being debited using your supplied payment card details.
8. You agree that you will not make unjustified requests for a refund in respect of any Guest/Host Transaction or tip to a Host, or unjustified chargeback requests of your payment card provider in relation to any Guest/Host Transaction or tip to a Host. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
9. Cancellation Policy: We understand that sometimes plans change. However, to compensate for the potential inconvenience and preparation involved, we have a structured cancellation charge system. Below is a breakdown of charges based on the time before the scheduled event that a cancellation is made:
  • 24 hours to 12 hours before the event: A fee of 20% of the total cost will be charged.
  • 12 hours to 6 hours before the event: A fee of 40% of the total cost will be charged.
  • 6 hours to 1 hour before the event: A fee of 60% of the total cost will be charged.
  • Less than 1 hour before the event: A fee of 80% of the total cost will be charged.
  • If a call has already started, the cancellation fee will be 100% of the total cost.
  Please note that these charges are necessary to ensure fair compensation for the time and resources set aside for the scheduled event. We recommend always checking your schedules and commitments before booking to avoid these charges.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Guest Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

Last updated: October 2023

TERMS OF USE FOR HOSTS

BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Hosts are additional terms which apply if you use Parakee as a Host (also referred to as “you” and “your” in these Terms of Use for Hosts). These Terms of Use for Hosts form part of your agreement with us.
Interpretation: In these Terms of Use for Hosts, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. “VAT” means United States value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
2. “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the US or any other jurisdiction.
Other terms which will apply to your use of Parakee: The following terms will also apply to your use of Parakee and you agree to them:
1. Our Terms of Use for all Users;
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Use Policy – which tells you what you can and can’t do on Parakee;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Parakee, and how we will deal with that complaint;
5. The Standard Contract between Guest and Host – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Guest/Host Transaction you enter into on Parakee; and
6. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Parakee.
Other terms which may apply to your use of Parakee: The following additional terms may apply to your use of Parakee:
1. If you are established or resident in the United States, then the Platform to Business Regulation Terms will also apply to you;
2. If you are also a Guest, the Terms of Use for Guests will also apply to your use of Parakee as a Guest; and
3. If you participate in the Parakee Referral Program, the Referral Program Terms will apply to your use of the Parakee Referral Program.
What are the fees that we charge Hosts for the use of Parakee? We charge a fee to you of twenty per cent (20%) of all Guest Payments made to you (exclusive of any VAT element of the Guest Payment) (called Our Fee. The remaining eighty per cent (80%) of the Guest Payment (exclusive of any VAT element of the Guest Payment) is payable to you (called “Host Earnings“). Our Fee includes the costs of providing, maintaining and operating Parakee and storing your recordings. Our Fee is deducted from the Guest Payment, and Host Earnings are paid to you in the way described in the Payouts to Hosts section below.
How to set up your account as a Host account: To set up your account as a Host account:
1. You will need to connect a Stripe account to your Host account. Parakee uses Stripe for all payment processing and payment distribution.
2. You may also need to submit additional information depending on the country where you live.
3. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Host account for any reason.
4. You will then be able to start taking calls and Users will be able to schedule with you to become your Guests.
5. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
Personal legal responsibility of Hosts: Only individuals can be Hosts. Every Host is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Host account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all recordings posted and all use of your account complies with the Terms of Service.
Guest/Host Transactions: This section describes the terms which apply to Guest/Host Transactions:
1. All Guest/Host Transactions are contracts between Guests and Hosts on the terms of the Standard Contract between Guest and Host. Although we facilitate Guest/Host Transactions by providing the Parakee platform and storing recordings, we are not a party to the Standard Contract between Guest and Host or any other contract which may exist between a Guest and Host, and are not responsible for any Guest/Host Transaction.
2. Guest Payments are exclusive of VAT, which shall be added at the current rate as applicable to Guest Payments.
3. When you receive confirmation from Parakee, either in the ‘Statements’ page of your User account or by email (or both), that the Guest/Host Transaction has been confirmed, you must perform your part of such Guest/Host Transaction (for example, by allowing the Guest to view the recordings on your Host account and/or providing the customized recordings paid for by the Guest and/or allowing the Guest to use the guest interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
Recordings – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the recordings posted, displayed, uploaded or published by you as a Host on Parakee:
1. Your recordings are not confidential, and you authorize your Guests to access and view your recordings on Parakee for their own lawful and personal use, and in accordance with any licenses that you grant to your Guests.
2. You warrant (which means that you make a legally enforceable promise to us) that for each item of recordings which you post, display, upload or publish on Parakee:
  1. the recordings complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
  2. you hold all rights necessary to license and deal in your recordings on Parakee, including in each territory where you have Guests and in the United States;
  3. you either own your recordings (and all intellectual property rights in it) or have a valid license to offer and supply your recordings to your Guests;
  4. if your recordings includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your recordings and for the subsequent use and exploitation of that recordings on Parakee; and
  5. the recordings is:
    1. of satisfactory quality, taking account of any description of the recordings, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the recordings on your account or in any advertising;
    2. reasonably suitable for any purpose which the Guest has made known to you is the purpose for which the Guest is using the recordings; and
    3. as described by you.
3. You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
4. We are not responsible for and do not endorse any aspect of any recordings posted by you or any other User of Parakee. We do not have any obligation to monitor any recordings and have no direct control over what your recordings may comprise.
5. You also agree to act as custodian of records for the recordings that you upload to Parakee.
Payouts to Hosts:
1. All Guest Payments will be received by our third-party payment provider, Stripe.
2. Your Parakee account will be updated within a reasonable time with your Host Earnings. Your Host Earnings will become available for withdrawal by you from your Parakee account once such Host Earnings appear in your Parakee account.
3. To make a withdrawal of Host Earnings from your Parakee account, you must have at least the minimum payout amount in your Parakee account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
4. The amount that you see in your ‘current balance’ in your Parakee account is your Host Earnings at the relevant time. All Guest Payments and Host Earnings are transacted in USD only. If you have chosen the “Stripe” Payout Option then the Guest Payments and Host Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
5. If a Guest successfully seeks a refund or chargeback from their credit card provider in respect of a Guest Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Host Earnings earned by you on the charged-back or refunded amount.
6. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
Circumstances in which we may withhold Host Earnings:
1. We may withhold all or any part of the Host Earnings due to you but not yet paid out:
  1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
  2. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
  3. if we suspect that all or any part of the Host Earnings result from unlawful or fraudulent activity, either by you or by the Guest who made the Guest Payment resulting in the Host Earnings,
2. for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Host Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Host Earnings.
3. We may also withhold all or any part of the Host Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Host Earnings. We undertake no duty to pay Host Earnings to third-party lienholders and may withhold payment of Host Earnings until the lien has been removed.
4. We shall not have any responsibility to you if we withhold or forfeit any of your Host Earnings where we have a right to do so under these Terms of Use for Hosts.
5. If we are withholding all or any part of the Host Earnings due to you and we determine that part of the Host Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Host Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Host Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
6. If once we have finished our investigation we determine that Host Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Guest Payments which resulted in forfeited Host Earnings are returned to the relevant Guests who paid such Guest Payments.
Promoting Tax compliance and VAT:
1. General:
  1. We recommend that all Hosts seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
  2. By using Parakee as a Host, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Parakee to the relevant Tax authority in your jurisdiction, as required by law.
  3. By using Parakee as a Host you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Parakee account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
    1. notify us by email to [email protected] in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
    2. promptly provide us by email to [email protected] with:
      1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
      2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
  4. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Parakee or by [email protected] in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Hosts.
  5. We reserve the right to close your Parakee account if we are notified of or become aware of any Tax non-compliance by you.
2. US VAT and US established Hosts:
  1. For the purposes of US VAT only, Hosts are treated as providing their services to Parakee, rather than to Guests directly.
  2. If you are a Host registered for US VAT:
    1. You will be treated, for VAT purposes, as charging Parakee your Host Earnings (80% of all and any Guest Payments), together with US VAT at the prevailing rate in force at the time of the Guest Payment;
    2. Parakee also agrees that, subject to the terms set out in this section of these Terms of Use for Hosts, you can add US VAT at the prevailing rate in force at the time of the referral payment to the amount of any referral payments payable to you under the Referral Program Terms (” Referral Payments“).
  3. You shall pay the VAT Amount which is paid to you directly to HM Revenue & Customs.
  4. If you need any further information or assistance on what is needed in order to receive the VAT Amount you can email [email protected].
  5. You agree that you will keep copies of all VAT invoices and VAT returns in connection with your earnings from Parakee and you will provide us with copies of such documents within 14 days of our written request that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT legislation.
  6. If you are a Host in the US who is not required to register for US VAT, then you should monitor the level of taxable sales that you make in the US (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in the US. It is your obligation, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.
  7. We do not monitor earnings that Hosts receive from other income sources. However, we will monitor the annual earnings of US Hosts on our platform, and if you are not already VAT registered and your earnings exceed the VAT registration threshold, you will receive a notification from us asking you to register for VAT. If you receive such a VAT registration notification, you agree to register for VAT as soon as possible and to send your VAT registration number to us at [email protected], within 6 weeks of such notification. Failure to do so may result in your Parakee account being closed.

Last updated: October 2023

ACCEPTABLE USE POLICY

BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This Policy applies to your use of Parakee and all recordings on Parakee and forms part of your agreement with us. This Policy sets out what is and is not permitted on Parakee.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.

Do not use Parakee except for your own personal use and do not sell, rent, transfer, or share your account or any recordings obtained from your use of Parakee to or with anyone else.
Only use Parakee in a manner and for a purpose that is lawful.
Do not upload, post, speak about, display, or publish recordings on Parakee that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
Do not use Parakee in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate recordings.
Do not speak about, upload, post, display, or publish recordings on or from Parakee that:
1. shows, includes or refers to:
  1. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
  2. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your recordings are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the recordings;
2. shows, promotes, advertises or refers to:
  1. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
  2. drugs or drug paraphernalia;
  3. self-harm or suicide;
  4. incest;
  5. bestiality;
  6. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
  7. necrophilia;
  8. urine, scatological, or excrement-related material;
  9. “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Parakee);
  10. escort services, sex trafficking, or prostitution;
3. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including “deepfakes”);
4. contains, promotes, advertises or refers to hate speech (being recordings intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
5. contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Parakee including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person’s express written consent;
6. either:
  1. in the case of recordings featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
  2. in the case of recordings featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
7. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
8. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
9. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the recordings; and/or
10. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
You must comply with any requirements set out in our Community Guidelines. Our Community Guidelines can be found here.
Do not use Parakee to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use Parakee to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
Respect the intellectual property rights of Hosts, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their recordings without authorization.
Do not do anything that violates our or someone else’s rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
Do not provide false account registration information or make unauthorized use of anyone else’s information or recordings.
Do not post or cause to be posted any recordings which is spam, which has the intention or effect of artificially increasing any Host’s views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
Do not speak about, reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any recordings, except as permitted under the Terms of Service.
Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into recordings which is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Parakee.
Do not use Parakee in a way that could adversely affect our systems or security or interfere with any other User’s use of Parakee, including their ability to engage in real-time activities through Parakee.
Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Parakee or any server, network or system associated with Parakee, or to extract, scrape, collect, harvest or gather recordings or information from Parakee.
Do not use Parakee’ name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.

Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.

Last updated: October 2023

REFERRAL PROGRAM TERMS

WARNING!

In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the Parakee Referral Program:

It is illegal for us or for a participant in the Parakee Referral Program (including Referring Users and Referred Hosts) to persuade anyone to make a payment by promising benefits from getting others to join the Parakee Referral Program.
Do not be misled by claims that high earnings are easily achieved from participation in the Parakee Referral Program.
Although we do not demand any payment from Referring Users for the purposes of participating in the Parakee Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.

Introduction: These Referral Program Terms are additional terms which apply if you use the Parakee Referral Program. These Referral Program Terms form part of your agreement with us.
Interpretation: In these Referral Program Terms defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
1. “Referring User” is also referred to as “you” or “your” in these Referral Program Terms;
2. “Referred Host” means the person who joins Parakee as a Host via the Referring User’s unique referral link.
What is the Parakee Referral Program? Parakee offers a referral program by which existing Users can introduce people who are interested in becoming Hosts to Parakee and receive referral payments from Parakee which are calculated and limited as described in these Referral Program Terms.
The Parakee Referral Program is operated by Carova Labs. We are a limited company registered in the United States, with company registered office address at 130 N Front St, 301, Wilmington, North Carolina 28401, US.
The rules of the Parakee Referral Program:
1. Only Users of Parakee with a current User account can participate in the Parakee Referral Program. If a User’s account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the Parakee Referral Program.
2. You will need on your User account page to add a bank account or a payment method details of your bank account or a payment method in order to receive referral payments under the Parakee Referral Program.
3. Each User has a unique referral link (which can be accessed via the User’s User account) which the User may share with others. When sharing your unique referral link you must not impersonate Parakee or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your Parakee account.
4. The Referred Host must click on your unique referral link and then register with Parakee using the same browser that they used to click on your unique referral link. If someone registers with Parakee other than by using your unique referral link, we will not link that account to your referral and no referral payments will be made to you.
5. The Referred Host must not have opened a User account with Parakee (whether under the same name or another name) before clicking on your unique referral link. If the Referred Host is currently or has previously been a User of Parakee no referral payments will be made to you for the referral.
6. If the Referred Host sets up more than one User account referral payments will be made to you on the earnings made by the Referred Host from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred Host.
7. No referral payments will be made to you on any referral of a Referred Host which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred Host is owned or operated by you or if there is a commercial relationship between you and the Referred Host.
8. You agree that when promoting Parakee in any way as a Referring User:
  - you will not give a false impression of Parakee, the services, programs, and content (including recordings) made available through Parakee, its Users or the Terms of Service; and
  - you will not make any statements which suggest to a potential Host that the potential Host will make a particular sum of money (or any money) from their use of Parakee, or any statements regarding the likely number of Guests.
Referral payments:
1. How are referral payments calculated? TBD…

Last updated: October 2023

COMPLAINTS POLICY

Introduction: This document set out our complaints policy. If you are a User of Parakee, this Complaints Policy forms part of your agreement with us.
Who we are and how to contact us: Parakee is operated byCarova labs. We are a limited company registered in the United States, with company registered office address at 130 N Front St, 301, Wilmington, North Carolina 28401, US.
Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term “business days” means any day which is not a Saturday, Sunday or public holiday in England.
Who can use this Complaints Policy? Whether or not you are a User of Parakee, you can use this Complaints Policy to alert us to any complaint which you have relating to Parakee.
How to make a complaint: If you have a complaint about Parakee (including any complaint about recordings appearing on Parakee or the conduct of a User), please send your complaint to [email protected] including your name, address, contact details, a description of your complaint and, if your complaint relates to recordings, the URL for the recordings to which your complaint relates.
If you are unable to contact us by email, please write to us at the following address: 130 N Front St, 301, Wilmington, North Carolina 28401, US
How we will deal with complaints of illegal or non-consensual recordings: Following receipt of your complaint of illegal or non-consensual recordings under section 5 above:
1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
2. if we require further information or documents from you, we will contact you to let you know;
3. we will in good faith investigate your complaint within seven (7) business days;
4. if we are satisfied that the recordings is unlawful or non-consensual, we will immediately remove such recordings, and we will notify you of our decision by email or other electronic message;
5. if we are satisfied that the recordings is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.
Any dispute regarding our determination that recordings is non-consensual will be submitted by us to a neutral arbitration association at our expense.
How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our DMCA Policy, and we will respond to copyright infringement complaints as set out in such policy.
How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our Acceptable Use Policy) under section 5 above:
1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
2. if we require further information or documents from you, we will contact you to let you know;
3. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about recordings which appears on Parakee and we are satisfied that the recordings otherwise breaches our Acceptable Use Policy, we will act quickly to remove such recordings;
4. we are not obligated to inform you of the outcome of your complaint.
Unjustified or abusive complaints: If you are a User of Parakee, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.

Last updated: October 2023

PLATFORM TO BUSINESS REGULATION TERMS

Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Hosts who are established or resident in the United States (also referred to as “you” and “your“). If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
Promoting Hosts via other distribution channels: We may choose to promote you via our Instagram (www.instagram.com/Parakee) and Twitter (www.twitter.com/Parakee) social media accounts.
Ranking on Parakee: We randomly suggest potential Hosts for a User to follow based on the Hosts that have earned money on Parakee in the previous 30 days. We have no ranking system. There is no search/discovery feature on Parakee.
Complaints: If you have a complaint about:
1. any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or
2. technological issues relating directly to Parakee and which affect you; or
3. measures taken by us or our conduct which relate directly to Parakee and which affect you,
then please submit your complaint to [email protected].
Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
1. consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
2. process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
3. communicate to you in plain and intelligible language by email or by message to your Parakee account the outcome of the internal complaint-handling process.

Terms of Service

Contents

TERMS OF USE FOR ALL USERS

TERMS OF USE FOR GUESTS

TERMS OF USE FOR HOSTS

ACCEPTABLE USE POLICY

REFERRAL PROGRAM TERMS

WARNING!

COMPLAINTS POLICY

PLATFORM TO BUSINESS REGULATION TERMS

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