Terms of Service

TERMS OF SERVICE

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 Batcha and your agreement with us.
Interpretation: In the Terms of Service:
we refer to our website as "Batcha", including when accessed via the URL Batcha.tv;
references to "we", "our", "us" are references to Batcha Limited, the operator of Batcha;
"Content" means any material uploaded to Batcha by any User, including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their Batcha account as a Creator account to post Content on Batcha to be viewed by other Users;
"Backer" means a User who follows a Creator and is able to view the Creator's Content;
"Backer/Creator Transaction" means any transaction between a Backer and a Creator on Batcha by which access is granted to the Creator's Content including in any of the following ways: payments made by a Backer to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream),
"Backer Payment" means any and all payments made by a Backer to a Creator in connection with a Backer/Creator Transaction,
"Referring User" means a User who participates in the Batcha Referral Program;
"Standard Contract between Backer and Creator" means the terms which govern each Backer/Creator Transaction, which can be found in Annex 1:
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of these: (i) Terms of Use for All Users, (ii) Terms of Use for Backers, (iii) Terms of Use for Creators, (iv) Voting System, (v) Batcha X Option, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms;
"User" means any user of Batcha, whether a Creator or a Backer or both (also referred to as "you" or "your").
Who we are and how to contact us: Batcha is operated by Batcha Limited. We are a limited company registered in Republic of Ireland, with company registration number 10354575 and we have our registered office address at Apt 171, Block D, Castleforbes Square DUBLIN 1. Our VAT number is 268196365.

To contact us with any questions about Batcha, 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: Apt 171, Block D, Castleforbes Square DUBLIN 1.

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:
a. to reflect changes in laws and regulatory requirements which apply to Batcha and the services, features and programs of Batcha where such changes require Batcha to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
b. to address an unforeseen and imminent danger related to defending Batcha, Backers or Creators 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 Batcha, 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 Batcha.

We may make changes to or suspend or withdraw Batcha: We may update and change Batcha 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 Batcha, or any Content 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 Batcha for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with Batcha: To use Batcha you must first register (minimum age requirement is 13 years ol) and create a User account on Batcha. You must provide a valid email address, a username, and a password or authenticate using a valid Facebook or Google. 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 Batcha site for the composition of passwords. To create a content and earn money as a Content Creator:
- you must be at least 18 years old, and you will be required to confirm this;
- 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
- you must be permitted by the laws of the country or State/province where you are located to join Batcha as a Content Creator.
- you must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not create content on Batcha.

Your commitments to us: When you register with and use Batcha, you make the following commitments to us:
- If you previously had an account with Batcha, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
- You will make sure that all information which you submit to us is truthful, accurate and complete.
- You will update promptly any of your information you have submitted to us as and when it changes.
- You consent to receiving communications from us electronically, including by emails and messages posted to your Batcha account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
- 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.
- You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
- 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 Batcha.
Rights we have, including to suspend or terminate your account:
- We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
- It is our policy to suspend access to any Content you post on Batcha which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at [email protected]. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
- If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Batcha account, but we are not obligated to give you prior notice of such removal or suspension.
- We reserve the right in our sole discretion to terminate your agreement with us and your access to Batcha for any reason. We can also suspend access to your User account or terminate your agreement with us and your access to Batcha 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 threat to breach any part of the Terms of Service in a way which has or could have 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 Batcha.

If we suspend access to your User account or terminate your agreement with us and your access to Batcha we will let you know. During any period when access to your User account is suspended, any Backer 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 Creator Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Creators.

Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Batcha for you to be able to access your Content following termination of your account.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of Batcha and cooperate with law enforcement agencies in such investigation.
We can disclose any information or records in our possession or control about your use of Batcha 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.
We can change the third-party payment providers used to process payments on Batcha and if we do so, we will notify you and store applicable details on your Batcha account.
Other than Content (which is owned by or licensed to Creators), all rights in and to Batcha 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.
We are the sole and exclusive owners of any and all anonymised data relating to your use of Batcha 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 Batcha to you, but there are certain things which we are not responsible for, as follows:
- We do not authorize or approve Content on Batcha, and views expressed by Creators or Backers on Batcha do not necessarily represent our views.
- We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
- Your Content 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 Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Batcha, 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 Batcha.
- All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Batcha. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
- You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Batcha and that if you choose to do so, you do so entirely at your own risk.
- We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of Batcha (including the Batcha Referral Program).
- The materials which we make accessible on Batcha 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.
- We do not promise that Batcha is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Batcha. You should use your own virus protection software.
- 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 Batcha.
- While we try to make sure that Batcha is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
- 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.
- You acknowledge that once your Content is posted on Batcha, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. 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 Content 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:
- You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts in any territory in which Batcha is accessible and, in particular, in the United States of America, Republic of Ireland and the European Union.
- You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Batcha. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
- The license which you grant to us 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 Batcha, that we do not have to pay you for the license, and that we can grant a sublicense of your Content 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 Content, to make your Content available to other Users of Batcha, as well as to use your Content for other normal operations of Batcha. We will never sell your Content 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.
- Whilst we do not own your Content, 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 Content 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 Content. 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.
- You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Batcha. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us) to add watermarks, stickers or text to your Content.
Facebook: Users have the facility to connect an active Facebook account to their Batcha account and to share certain Content in the form of Batcha posts to Facebook using the share feature. If you use this feature, you must fully comply with Facebook's terms of service from time to time in respect of any Content shared in this way.
Linking to and from Batcha:
- Links to Batcha:
  - You may link to the Batcha 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 Creator, when promoting your Creator 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 Creator account. When promoting your Creator account, you must not impersonate Batcha or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Batcha account by using Google Ads or any similar advertising platform or search engine advertising service.
- Links from Batcha: If Batcha 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 Batcha, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Domain Names: In some instances, Batcha may allow Creators to register or use domain names that contain the Batcha trademark or a confusingly similar term. However, you will not register such a domain name, unless:
  - The domain name is registered by the Creator.
- - The domain name redirects to the Creator’s Batcha profile. Domain names containing the Batcha trademark or a confusingly similar term must not direct to any other website, including link aggregators.
- - The Creator obtains prior written permission from Batcha and signs a licensing agreement.

If you would like to register a domain name containing the Batcha 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 Batcha filing a domain dispute against the registrant.

How do I delete my account? If you want to delete your Batcha account then you may do so in the 'Manage Account ' section of your Batcha account.
- If you are a Backer, the deletion of your account will take place within a reasonable time following your request. Once you initiate the delete account process, you will be notified that your account balance is non-refundable, which means that you are not entitled to a refund of any unused funds.
- If you are a Creator, then once you initiate the delete account process your account will remain open until you receive your final payment and your account will be deleted.
- If you are both a Backer and a Creator then your account will be deleted in two stages (Backer first and then Creator).
- Once your account has been deleted you won't be charged any further amounts or have access to your former Batcha account or its Content. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Batcha for you to be able to access your Content following termination of your account.
Who is responsible for any loss or damage suffered by you?
- 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.
- 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 Batcha.
- - 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.
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 Batcha 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:
    - your inability to use Batcha or any of its services, features or programs; or
  - - your use of or reliance on any content (including Content) stored on Batcha;
- - won't be liable to you for any:
    - loss of profits;
  - - loss of sales, business, or revenue;
  - - business interruption;
  - - loss of anticipated savings;
  - - loss of business opportunity, goodwill or reputation;
  - - loss of data or information, including any Content; or
  - - 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 Batcha 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 Content 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 Batcha; and
- - USD 5,000.

General: You agree that:
- If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
- If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
- We reserve all rights not expressly granted to you.
- No implied licenses or other rights are granted to you in relation to any part of Batcha, save as expressly set out in the Terms of Service.
- Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section "Who is responsible for any loss or damage suffered by you?" and the terms in section "Terms relating to disputes" may be enforced by our subsidiary companies, employees, owners, representatives and agents.
- You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
- 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.
- The Terms of Service form the entire agreement between us and you regarding your access to and use of Batcha, 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 Batcha (including those arising from or relating to your agreement with us) can be brought:
- For consumers (Backers):
  - Consumers - Law:
    - If you are a consumer, your agreement with us is governed by law of Republic of Ireland and Republic of Ireland 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 Batcha, 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 Batcha (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 Republic of Ireland or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Batcha (including, in both cases, non-contractual disputes or claims) may be brought in the courts of Republic of Ireland or the courts of the country where you live.
  - - If you are a consumer resident outside of Republic of Ireland or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Batcha (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Republic of Ireland.
For business Users (Creators and Referring Users):
- Business Users – Law:
  - If you are a business User, your agreement with us is governed by Republic of Ireland law and Republic of Ireland 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 Batcha, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of Batcha (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 Republic of Ireland 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 Batcha.

Limitation period for bringing claims:Except where prohibited by applicable law, any claim or cause of action which you have concerning Batcha (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.

Adult material: Batcha does not allow sexually explicit content.

This includes:

Pornography or the depiction of sexual acts, genitals, or fetishes intended to be sexually gratifying.

Content that includes nude genitalia.

Content that glorifies or promotes bestiality.

Content that sexually exploits or presents children in a sexual manner.

Content that contains predatory behavior, condones, glorifies, or presents predatory behavior in a positive light.

Content that contains depictions of abuse of minors or condones, glorifies, or presents abuse of minors in a positive light.

Content that depicts nudity of apparent minors, even if it does not fall within the above categories.

Content that glorifies or promotes sexually explicit content or behavior.

Any content that sexualizes inanimate objects.

Overtly, sexually suggestive poses in which the subject is nude, blurred, or minimally clothed.

Non-commercial content related to sex toys.

We will remove violating content and take appropriate action, which may include reporting to relevant authorities or law enforcement, limiting access to product features, and disabling accounts.

We may allow content that is otherwise considered sexually explicit for an educational, documentary, scientific, or artistic purpose if the content is related to the point of interest and sufficient information is provided for users to understand the context.

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:
- Terms of Use for Backers – which contain additional terms which apply if you use Batcha as a Backer;
- Terms of Use for Creators – which contain additional terms which apply if you use Batcha as a Creator;
- Voting System - which contains terms of voting system
- Batcha X Option - which contains terms of Batcha X
- Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
- Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on Batcha;
- Referral Program Terms – which outline the terms that apply if you participate in the Batcha Referral Program;
- Complaints Policy - which sets out the procedure for making a complaint about any aspect of Batcha, and how we will deal with that complaint;
- Platform to Business Regulation Terms – which contain additional terms which apply to Creators who are established or resident in the European Union or Republic of Ireland;

If there is any conflict between these Terms of Use for all Users and any of the terms or policies, the Terms of Use for all Users will apply to the extent of the conflict.

Last updated: February 2024

TERMS OF USE FOR BACKERS

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

Introduction: These Terms of Use for Backers are additional terms which apply if you use Batcha as a Backer (also referred to as "you" and "your" in these Terms of Use for Backers). These Terms of Use for Backers form part of your agreement with us.
Interpretation: In these Terms of Use for Backers, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
- "VAT" means Republic of Ireland 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
- "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 REPUBLIC OF IRELAND or any other jurisdiction.
Other terms which will apply to your use of Batcha: The following terms will also apply to your use of Batcha and you agree to them:
- Our Terms of Use for all Users;
- Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
- Our Acceptable Use Policy – which tells you what you can and can't do on Batcha;
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Batcha, and how we will deal with that complaint;
- The Standard Contract between Backer and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Backer/Creator Transaction you enter into on Batcha;
Other terms which may apply to your use of Batcha: The following additional terms may apply to your use of Batcha:
- If you are also a Creator, the Terms of Use for Creators will apply to your use of Batcha as a Creator;
- If you are a Creator who is established or resident in the European Union or Republic of Ireland, then the Platform to Business Regulation Terms will also apply to you; and
- If you participate in the Batcha referral program, the Referral Program Terms will apply to your use of the Batcha Referral Program.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
- you are at least 18 years old;
- 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;
- you will provide such other information or verification records as we require.
- you are permitted by the laws of the country or State/province where you are located to join Batcha and to view any Content available on it and to use any functionality provided by it; and
- you are able and willing to make payment (where required) to view Content available on Batcha which you wish to view and to use any functionality provided by Batcha that you wish to use.
Content - 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 Content posted, displayed, uploaded or published by you as a Backer on Batcha:
- You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Batcha:
  - the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
- - you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and

● If your Content 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 Content and for the subsequent use and exploitation of that Content on Batcha.

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.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Batcha. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

Purchases by Backers: This section describes the terms which apply to Backer/Creator Transactions:
- All Backer/Creator Transactions are contracts between Backers and Creators on the terms of the Standard Contract between Backer and Creator. Although we facilitate Backer/Creator Transactions by providing the Batcha platform and storing Content we are not a party to the Standard Contract between Backer and Creator or any other contract which may exist between a Backer and Creator, and are not responsible for any Backer/Creator Transactions.
- The Batcha platform operates to facilitate the creation and distribution of video content and should not be deemed to be a platform for the transfer of funds. It shall be noted that all funds flow via licensed payment service providers. Batcha is not a payment processor or payment service provider, and user funds are paid to Batcha and not to any content creator or other third party.
- Creators are solely responsible for determining (within the parameters for pricing on Batcha) the pricing applicable to Backer/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.
- Backer Payments are exclusive of VAT, which shall be added at the current rate as applicable to Backer Payments.
- To be able to enter into a Backer/Creator Transaction with a particular Creator, you must first add a payment card to your account.
- 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 Backer Payment. All Backer 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.
- If you choose to provide details of two or more payment cards, then if you try to make a Backer 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 Backer Payment.
- The payment provider will take immediate payments from your payment card for Backer Payments. You authorize and consent to each of these payments being debited using your supplied payment card details.
- You agree that you will not make unjustified requests for a refund in respect of any Backer/Creator Transaction, or unjustified chargeback requests of your payment card provider in relation to any Backer/Creator Transaction. 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.
- You can add funds to your Batcha account for future Backer Payments. No interest will accrue on your balance, and all deposits are non-refundable, meaning you cannot request a refund for any unused funds.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Backer 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: February 2024

TERMS OF USE FOR CREATORS

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

Introduction: These Terms of Use for Creators are additional terms which apply if you use Batcha as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
- "VAT" means Republic of Ireland 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
- "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 REPUBLIC OF IRELAND or any other jurisdiction.
Other terms which will apply to your use of Batcha: The following terms will also apply to your use of Batcha and you agree to them:
- Our Terms of Use for all Users;
- Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
- Our Acceptable Use Policy – which tells you what you can and can’t do on Batcha;
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Batcha, and how we will deal with that complaint;
- The Standard Contract between Backer and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Backer/Creator Transaction you enter into on Batcha;
Other terms which may apply to your use of Batcha: The following additional terms may apply to your use of Batcha:
- If you are established or resident in the European Union or Republic of Ireland, then the Platform to Business Regulation Terms will also apply to you;
- If you are also a Backer, the Terms of Use for Backers will also apply to your use of Batcha as a Backer; and
- If you participate in the Batcha Referral Program, the Referral Program Terms will apply to your use of the Batcha Referral Program.
What are the fees that we charge Creators for the use of Batcha? We charge a fee to you of twenty per cent (20%) of all Backer Payments made to you (exclusive of any VAT element of the Backer Payment) called Our Fee. The remaining eighty per cent (80%) of the Backer Payment (exclusive of any VAT element of the Backer Payment) is payable to you (called "Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating Batcha and storing your Content. Our Fee is deducted from the Backer Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
How to set up your payout as a Creator:
- You will need on your User account page to upload a valid form of ID and two photos of you in accordance with the requirements set out at Batcha.
You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
You will need your User account page to select one of the available methods provided by Batcha as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
If you are registered for VAT in the REPUBLIC OF IRELAND, you will need to provide us with your valid REPUBLIC OF IRELAND VAT number.
You may also need to submit additional information depending on the country where you live.
We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated Rejected applications.
Once you have set up your payout account, then if you want to charge your Backers you will need to set your price for your Backers within the range allowed by Batcha.
You will then be able to start earning from Content and Users will be able to back you to become your Backers.
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 Creators: Only individuals can be Creators. Every Creator 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 Creator 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 Content posted and all use of your account complies with the Terms of Service.
Backer/Creator Transactions: This section describes the terms which apply to Backer/Creator Transactions:
- All Backer/Creator Transactions are contracts between Backers and Creators on the terms of the Standard Contract between Backer and Creator. Although we facilitate Backer/Creator Transactions by providing the Batcha platform and storing Content, we are not a party to the Standard Contract between Backer and Creator or any other contract which may exist between a Backer and Creator, and are not responsible for any Backer/Creator Transaction.
- Backer Payments are exclusive of VAT, which shall be added at the current rate as applicable to Backer Payments.
- When you receive confirmation from Batcha, either in the ‘Statements’ page of your User account or by email (or both), that the Backer/Creator Transaction has been confirmed, you must perform your part of such Backer/Creator Transaction (for example, by allowing the Backer to view the Content on your Creator account and/or providing the customised Content paid for by the Backer and/or allowing the Backer to use the Backer 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).
Content – 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 Content posted, displayed, uploaded or published by you as a Creator on Batcha:
- Your Content is not confidential, and you authorize your Backers to access and view your Content on Batcha for their own lawful and personal use, and in accordance with any licenses that you grant to your Backers.
- You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Batcha:
  - the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
- - you hold all rights necessary to license and deal in your Content on Batcha, including in each territory where you have Backers and in Republic of Ireland;

● you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Backers;

if your Content 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 Content and for the subsequent use and exploitation of that Content on Batcha; and
the Content is:
- of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
- reasonably suitable for any purpose which the Backer has made known to you is the purpose for which the Backer is using the Content; and
- as described by you.
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.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Batcha. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
You also agree to act as custodian of records for the Content that you upload to Batcha.

Advertising on Batcha:
- If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Creators.
- Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
  - does not:
    - prejudice respect for human dignity;
  - - include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  - - encourage behaviour prejudicial to health or safety;
  - - encourage behaviour grossly prejudicial to the protection of the environment;
  - - cause physical, mental or moral detriment to any person;
  - - directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  - - directly encourage persons to persuade others to purchase or rent goods or services;
  - - exploit the trust of persons in others; or
  - - unreasonably show persons in dangerous situations;
- - does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;

● does not advertise, promote, or facilitate illegal gambling, and

in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.

Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to Batcha contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.

Co-authored Content:
- If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on Batcha; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
- You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
  - has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
- - has consented to the Co-Authored Content in which he or she appears being posted on Batcha.
- In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on Batcha, you will tag the Batcha account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
- If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Batcha.
- You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
- You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
Payouts to Creators:
- All Backer Payments will be received by a third-party payment provider approved by us.
- If you have chosen the Stripe Payout Option, Stripe will collect the Backer Payment and pay the Creator Earnings to your bank account.
- Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Backer Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf.
- Your Batcha account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your Batcha account once such Creator Earnings appear in your Batcha account.
- To make a withdrawal of Creator Earnings from your Batcha account, you must have at least the minimum payout amount in your Batcha 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.
- All Backer Payments are transacted in USD only. Creator earnings can be paid out in different currencies, subject to the availability of our payout processor. If you have chosen the "Stripe" Payout Option then the Backer Payments and Creator 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.
- If a Backer successfully seeks a refund or chargeback from their credit card provider in respect of a Backer Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
- 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 Creator Earnings:
- We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
  - if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- - if you attempt or threat 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

● if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Backer who made the Backer Payment resulting in the Creator Earnings,

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 Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.

We may also withhold all or any part of the Creator 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 Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator 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 Creator 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 Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Backer Payments which resulted in forfeited Creator Earnings are returned to the relevant Backers who paid such Backer Payments.

Promoting Tax compliance and VAT:
- General:
  - We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
- - By using Batcha as a Creator, 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 Batcha to the relevant Tax authority in your jurisdiction, as required by law.

● By using Batcha as a Creator 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 Batcha 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:

o 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

o promptly provide us by email to [email protected]with:

o 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

o such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.

o 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 Batcha or by [email protected]in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.

o We reserve the right to close your Batcha account if we are notified of or become aware of any Tax non-compliance by you.

Voting System

Purpose and Functionality 1.1. The Batcha platform incorporates a voting system designed to enhance user control and accountability in content monetization. This system ensures that Backers pay only for the content they have anticipated based on a trailer posted by the Creator. 1.2. Upon the release of the final content, Backers must cast their vote within 24 hours. If a Backer fails to vote within this timeframe, their vote is automatically considered in favor of the content.
Voting Outcomes 2.1. If at least 50% +1 of the votes are in favor, the Creator receives the payment from the Backers. 2.2. If at least 50% +1 of the votes are against, the Creator does not receive payment. However, the Creator may appeal to Batcha moderators for review. If moderators determine that the content meets the expectations set by the trailer, the payment is released to the Creator. If the appeal is unsuccessful, Backers receive a refund in their Batcha accounts. 2.3. If at least 80% +1 of the votes are against, the Creator is ineligible to receive payment, and no appeal is permitted. In this case, Backers receive a refund in their Batcha accounts.
Additional Provisions 3.1. Content Creators are permitted to engage with Backers to encourage support for their content. 3.2. The voting system is automated, ensuring a transparent and fair process. Batcha reserves the right to audit votes to prevent fraud, abuse, or manipulation.

Batcha X Option

Definition and Functionality 1.1. Batcha X is an optional feature that enables direct user engagement in content creation. Creators opting for Batcha X invite users to actively participate in the production of the final video. 1.2. Prior to publishing a trailer, a Creator must designate it as a "Batcha X" project. This designation allows Backers to contribute above the minimum required amount to increase their chances of being selected as a participant in the final content.
Selection of a Participant 2.1. Until the fundraising deadline expires, Backers cannot view the contribution amounts of other users. 2.2. Once the deadline passes, all contributions are made public, and the Backer with the highest contribution is selected to co-create the final video with the Creator. 2.3. All other Backers gain exclusive access to the final content upon its release but do not have any claim for refunds or additional participation rights.
Privacy and Transparency 3.1. Backers contributing to Batcha X projects must acknowledge that their contributions will become public after the fundraising deadline. 3.2. Privacy settings are not available for Batcha X contributions to ensure fairness and transparency in the selection process. 3.3. Creators retain the discretion to make Batcha X trailers public or private, thereby determining whether participation is open to all users or limited to their followers.
Obligations and Limitations 4.1. Creators leveraging Batcha X must honor their commitment to collaborate with the highest-bidding Backer in the creation of the final video. 4.2. If a Creator fails to honor their commitment, Batcha carries no responsibility whatsoever for this, and the Backer may leave a negative review and file a complaint with Batcha support. All complaints will be duly investigated. Batcha reserves the right to make a final decision on complaints and determine whether the amount should be refunded to the Backer’s Batcha account. 4.3. Batcha reserves the right to investigate and, if necessary, sanction any attempts to manipulate or abuse the Batcha X selection process. 4.4. The winner of the Batcha X process is entitled solely to the agreed-upon participation in the final content. No additional rights, revenue shares, or ownership of the content are transferred to the Backer.

ACCEPTABLE USE POLICY

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

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

Do not use Batcha except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of Batcha to or with anyone else.
Only use Batcha in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on Batcha that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
Do not use Batcha 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 Content.
Do not upload, post, display, or publish Content on Batcha that:
- shows, includes or refers to:
  - any individual under 18 years old (or which refers to individuals under 18 years old generally); or
- - any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content 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 Content;
- shows, promotes, advertises or refers to:
  - firearms, weapons, or any goods wholesale, possession or use is subject to prohibitions or restrictions;
- - drugs or drug paraphernalia;

● self-harm or suicide;

incest; Pornography or the depiction of sexual acts, genitals, or fetishes intended to be sexually gratifying; Content that includes nude genitalia; Content that glorifies or promotes bestiality; Content that glorifies or promotes sexually explicit content or behavior.

bestiality;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;

● necrophilia;

● urine, scatological, or excrement-related material;

"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 Batcha);
escort services, sex trafficking, or prostitution;

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 "deep fakes");
contains, promotes, advertises or refers to hate speech (being Content 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);
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 Batcha 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;
either:
- in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
- in the case of Content 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).
gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
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;
is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
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.

Do not use Batcha to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use Batcha 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 Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content 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 Content.
Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator'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 reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content 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 Batcha.
Do not use Batcha in a way that could adversely affect our systems or security or interfere with any other User’s use of Batcha, including their ability to engage in real-time activities through Batcha.
Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Batcha or any server, network or system associated with Batcha, or to extract, scrape, collect, harvest or gather Content or information from Batcha.
Do not use Batcha' 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: February 2024

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 Batcha Referral Program:

● It is illegal for us or for a participant in the Batcha Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the Batcha Referral Program.

● Do not be misled by claims that high earnings are easily achieved from participation in the Batcha Referral Program.

● Although we do not demand any payment from Referring Users for the purposes of participating in the Batcha 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 Batcha 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:
- "Referring User" is also referred to as "you" or "your" in these Referral Program Terms;
- "Referred Creator" means the person who joins Batcha as a Creator via the Referring User's unique referral link.
What is the Batcha Referral Program? Batcha offers a referral program by which existing Users can introduce people who are interested in becoming Creators to Batcha and receive referral payments from Batcha which are calculated and limited as described in these Referral Program Terms.

The Batcha Referral Program is operated by Batcha Limited. We are a limited company registered in Republic of Ireland, with company registration number 10354575 and we have our registered office address at Apt 171, Block D, Castleforbes Square DUBLIN 1.

The rules of the Batcha Referral Program:
- Only Users of Batcha with a current User account can participate in the Batcha 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 Batcha Referral Program.
- 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 Batcha Referral Program.
- 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 Batcha 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 Batcha account.
- The Referred Creator must click on your unique referral link and then register with Batcha using the same browser that they used to click on your unique referral link. If someone registers with Batcha 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.
- The Referred Creator must not have opened a User account with Batcha (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of Batcha no referral payments will be made to you for the referral.
- If the Referred Creator sets up more than one User account referral payments will be made to you on the earnings made by the Referred Creator from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred Creator.
- No referral payments will be made to you on any referral of a Referred Creator 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 Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.
- You agree that when promoting Batcha in any way as a Referring User:
  - you will not give a false impression of Batcha, the services, programs, and content (including Content) made available through Batcha, its Users or the Terms of Service; and
- - you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of Batcha, or any statements regarding the likely number of Backers.
- Referral payments:
  - How are referral payments calculated? Once a Referred Creator has become a registered User of Batcha in accordance with the rules of the Batcha Referral Program described above, the Referring User will be paid a referral payment equal to five per cent (5%) of Backer Payments generated by the Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of Batcha, up to a maximum referral payment by Batcha to the Referring User of US$50,000 per Referred Creator.

This means that if a Referred Creator generates Backer Payments with a total value of US$1 million or more in the twelve months after the date on which that Referred Creator becomes a registered User of Batcha, then the Referring User's referral payments in relation to that Referred Creator will be capped at US$50,000 in total. However, if the Referred Creator generates Backer Payments with a total value of less than US$1 million in the twelve months after the date on which that Referred Creator becomes a registered User of Batcha, then the Referring User will be paid five per cent (5%) of the Backer Payments generated by that Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of Batcha, following which no further referral payments will be made to the Referring User in respect of that Referred Creator.

For all referrals made prior to 1 May 2020, referral payments will be made to the relevant Referring Users until 1 May 2021 or until US$50,000 has been paid out to the Referring User on the referral, whichever occurs first.

VAT: If you are a Referring User you should know that all referral payments payable to you by us will be inclusive of any VAT (as defined in the Terms of Use for Creators) which is or becomes chargeable on any supplies made by you, except as provided for in the "Promoting Tax compliance and VAT" section of the Terms of Use for Creators.
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 Batcha Referral Program:
- It is illegal for us or for a participant in the Batcha Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the Batcha Referral Program.
- Do not be misled by claims that high earnings are easily achieved from participation in the Batcha Referral Program.
Choosing a payout method to receive referral payments: In order to be able to receive referral payments you must first choose one of the payout methods provided by Batcha in your country of residence. These methods are called "Payout Options".
How frequently are referral payments made? The referral payment due to you on Backer Payments made to the Referred Creator in a calendar month will be transferred to you on or around the first day of the next calendar month (which means, for example, that referral payments due to you in respect of Backer Payments made to the Referred Creator in February shall be paid to you on or around 1 March).
Who bears the cost of the referral payment? The cost of the referral payment is borne by us, not the Referred Creator.

Our rights relating to the referral program.
- If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
- We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.
- We may change any aspect of the Batcha Referral Program (including how referral payments are calculated) or discontinue the Batcha Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Backer Payments made to Referred Creators before the changes came into effect.
Circumstances in which we may withhold referral payments:
- We may withhold all or any part of the referral payments due to you but not yet paid out:
  - if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- - 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 (including actual or possible loss caused to us or another User); or
- - if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you, by the Backer who made the Backer Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the Backer Payment was made which resulted in the referral payment,

for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful or fraudulent 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) all or any part of referral payments due to you result from unlawful or fraudulent activity, we may notify you that you have forfeited all or any part of your referral payments.

We may also withhold all or any part of the referral payments 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, referral payments. We undertake no duty to pay referral payments to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Batcha Referral Program where we have a right to do so under these Referral Program Terms.
If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments 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 referral payments which is 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 referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.

Last updated: February 2024

COMPLAINTS POLICY

Introduction: This document set out our complaints policy. If you are a User of Batcha, this Complaints Policy forms part of your agreement with us.
Who we are and how to contact us: Batcha is operated by Batcha Limited. We are a limited company registered in Republic of Ireland, with company registration number 10354575 and we have our registered office address at Apt 171, Block D, Castleforbes Square DUBLIN 1.
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 Republic of Ireland.
Who can use this Complaints Policy? Whether or not you are a User of Batcha, you can use this Complaints Policy to alert us to any complaint which you have relating to Batcha.
How to make a complaint: If you have a complaint about Batcha (including any complaint about Content appearing on Batcha 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 Content, the URL for the Content to which your complaint relates.

If you are unable to contact us by email, please write to us at the following address: Apt 171, Block D, Castleforbes Square DUBLIN 1.

How we will deal with complaints of illegal or non-consensual Content? Following receipt of your complaint of illegal or non-consensual Content:
- 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;
- if we require further information or documents from you, we will contact you to let you know;
- we will in good faith investigate your complaint within seven (30) business days;
- if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
- if we are satisfied that the Content 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 Content 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):
- 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;
- if we require further information or documents from you, we will contact you to let you know;
- 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 Content which appears on Batcha and we are satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content;
- we are not obligated to inform you of the outcome of your complaint.
Unjustified or abusive complaints: If you are a User of Batcha, 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: February 2024

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 Creators who are established or resident in the European Union or Republic of Ireland (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.
What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation").
Promoting Creators via other distribution channels: We may choose to promote you via our Instagram (instagram.com/batcha.tv) and Facebook (www.Facebook.com/Batcha) social media accounts.
Ranking on Batcha: We randomly suggest potential Creators for a User to follow based on the Creators that have earned money on Batcha in the previous 30 days. We have no ranking system. There is no search/discovery feature on Batcha.
Complaints: If you have a complaint about:
- any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or
- technological issues relating directly to Batcha and which affect you; or
- measures taken by us or our conduct which relate directly to Batcha 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:
- 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;
- process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
- communicate to you in plain and intelligible language by email or by message to your Batcha account the outcome of the internal complaint-handling process.

Last updated: February 2024

Annexes:

Annex 1: STANDARD CONTRACT BETWEEN BACKER AND CREATOR

Introduction: This Standard Contract between Backer and Creator ("this agreement") sets out the terms which govern each transaction between a Backer and a Creator on Batcha
When does this agreement apply? Each time a Backer/Creator Transaction is initiated on Batcha, this Standard Contract between Backer and Creator will apply to the exclusion of any other terms which the Backer or Creator may propose, and this Standard Contract between Backer and Creator will legally bind the Backer and Creator participating in the Backer/Creator Transaction.
Parties: The only parties to this agreement are the Backer and Creator participating in the Backer/Creator Transaction. Neither Batcha Limited nor any of its subsidiary companies is a party to this agreement and neither Batcha Limited nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Backer/Creator Transaction, except that Batcha Limited or any of its subsidiary companies may act as a payment intermediary.
Interpretation: In this agreement, defined terms have the following meanings:
- "Batcha" means the website accessed via the URL www.Batcha.tv or via any web browser;
- "Content" means any material uploaded to Batcha by any User (whether a Creator or a Backer), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
- "Creator" means a User who has set up their Batcha account as a Creator account to post Content on Batcha to be viewed by other Users;
- "Backer" means a User who follows a Creator and is able to view the Creator's Content;
- "Referring User" means a User who participates in the Batcha Referral Program;
- "Backer/Creator Transaction" means any transaction between a Backer and a Creator on Batcha by which access is granted to the Creator's Content, including in any of the following ways: (i) payments made by a Backer to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (ii) payments made by a Backer to use the backer interaction function on a Creator's account;
- "Backer Payment" means (i) any and all payments made by a Backer in respect of any Backer/Creator Transaction, and (ii) any and all tips;
- "Our Fee" means the fee charged to Creators in accordance with Batcha Terms of Use for Creators;
- "VAT" means United Kingdom 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
- "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 UK or any other jurisdiction.
Pricing and payment: By entering into a Backer/Creator Transaction, the Backer agrees to pay the Backer Payment applicable to the relevant Backer/Creator Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable. The Backer and Creator participating in the Backer/Creator Transaction authorize Batcha Limited or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Backer Payment and any applicable VAT, to deduct the Our Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the Batcha Terms of Service.
License of Content: Once the Backer has made the Backer Payment for a Backer/Creator Transaction, the Creator grants to the Backer a limited license to access the applicable Content of that Creator to which the Backer/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Backer to access and view the Relevant Content on the Backer's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Backer's accessing the Content (i.e. caching)), in accordance with the Batcha Acceptable Use Policy.
Ownership of Content: The Backer participating in the Backer/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Backer acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
Expiry of license: The license granted to a Backer in relation to the Relevant Content will expire automatically without notice in the following circumstances:
- if the Backer Payment related to the Backer/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
- in respect of pay-per-view Content, once the Backer has completed viewing the Content;
- if the Backer's User account is suspended or terminated for any reason;
- if the Backer acts in breach of the Batcha Acceptable Use Policy (whether in relation to the Relevant Content or at all);
- if the Content is removed from the Creator's account;
- if the Backer closes their Batcha User account.
Cancellation and refunds: In respect of every Backer/Creator Transaction:
- The Backer acknowledges that the Backer/Creator Transaction will result in a supply of the relevant Content to the Backer before the end of the period of 14 days from the date when the Backer/Creator Transaction is entered into, and the Backer gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Backer/Creator Transaction which the Backer has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
- This agreement does not affect any statutory right to receive a refund from the Creator which a Backer may have under the Consumer Rights Act 2015 or any other applicable law.
Obligations between Creator and Backer: In respect of every Backer/Creator Transaction:
- The Backer and the Creator participating in the Backer/Creator Transaction agree to comply at all times with the Batcha Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
- The Backer participating in the Backer/Creator Transaction agrees to make the Backer Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Backer disputes the Backer/Creator Transaction in good faith.
- The Creator participating in the Backer/Creator Transaction agrees to make the Relevant Content available to the Backer once the Backer has made the Backer Payment applicable to the Relevant Content.
- The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Backer in the territory in which the Backer will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
- The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
- Unless there has been negligence or other breach of duty by the Creator, the accessing by the Backer of the Creator's Content is entirely at the Backer's own risk.
No guarantees: The Backer participating in the Backer/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Backer participating in the Backer/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Backer to access to Relevant Content to be provided under the Backer/Creator Transaction, including:
- if the Creator's account is suspended or deleted;
- if the Backer's account is suspended or deleted;
- if the availability of all or any part of Batcha site is suspended or inaccessible; or
- if the Creator is unable to create or upload Relevant Content in the future.
Terms relating to disputes:
- This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. The Backer will also be able to rely on mandatory rules of the law of the country where he or she lives.
- Where claims can be brought:
  - If this agreement is with a Backer resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of England and Wales or the courts of the country where the Backer lives.
- - If this agreement is with a Backer resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of England and Wales, unless the Backer and Creator otherwise agree.

Last updated: February, 2024

Annex 2: Account approval / account application requirements

Creators may be required to pass a third-party ID verification.

Rejected applications

Applications may be rejected for the following reason(s):

· Submitted account promotes escort services, which are prohibited by our Terms and Conditions

· Submitted account suggests direct contact with Backers, which is prohibited by our Terms and Conditions

· Submitted Account suggests third-party payment processors or services in the About Section, website URL, cover image or profile photo

· Submitted account owner is not over the age of 13

Last updated: 15 March 2025