Terms of Service

1. Introduction

These Terms of Service constitute a legally binding agreement between you (“You” or “User”) and DialMe (“Company,” “we,” “our,” or “us”). These terms and conditions, along with any documents expressly incorporated by reference (collectively, “Terms of Service”), govern your access to and use of Dialme.now (the “Website”), including all content, functionality, and services offered on or through Dialme.chat, whether as a guest or a registered user.

Please read these Terms of Service carefully before using the Website.

2. Acceptance of This Agreement

By accessing or using the Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you signify your acceptance of and agreement to be bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference. If you do not agree, you must not access or use the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU:

• 1. ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE.
• 2. REPRESENT AND WARRANT THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW AND POSSESS THE LEGAL CAPACITY TO FORM A BINDING CONTRACT WITH US.
• 3. AGREE THAT IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE SUCH ACCESS IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

3. Modifications to the Terms of Service

We reserve the right to revise and update these Terms of Service at any time in our sole discretion. All changes become effective immediately upon posting and apply to all subsequent access to and use of the Website.

Your continued use of the Website or any subsequent purchases following the posting of revised Terms of Service constitutes your acceptance of and agreement to the changes. It is your responsibility to check this page periodically for updates, as they are binding on you.

4. Your Responsibilities as a User

You are responsible for ensuring that all individuals who access the Website through your internet connection are aware of and comply with these Terms of Service. Access to certain areas or content of the Website may require registration. As a condition of your use of the Website, you agree to the following:

• Accuracy of Information: All information you provide on the Website must be truthful, current, and complete..
• Account Security: Any username, password, or other access credentials provided to you are confidential, and you must not disclose them to any third party.
• Notification of Unauthorized Use: You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breache.
• Account Logout: You agree to log out of your account at the end of each session.
• Personal Responsibility: You are solely responsible for your use of the Website and for the security of your computer, internet connection, and data.

5. Prohibited Activities

You may use the Website solely for lawful purposes and in accordance with these Terms of Service. You agree not to engage in any of the following prohibited activities:

• Violation of Laws: Use the Website in any manner that violates any applicable federal, state, local, or international law or regulation, including laws regarding the export of data or software.
• Harm to Minors: Exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting their personal information.
• Non-Compliant Material: Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards outlined in these Terms of Service.
• Distribution of Unsolicited Content: Transmit or facilitate the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other form of unsolicited solicitation.
• Impersonation: Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• Interference with Website Operation: Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or other users or expose them to liability.

Additional Restrictions:

You further agree not to:

• Overload or Disrupt: Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other party’s use, including real-time activities.
• Automated Access: Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying3 material, without our express written consent.
• Unauthorized Copying: Use any manual process to monitor or copy material on the Website for any unauthorized purpose without our prior written consent.
• Interfere with Functionality: Use any device, software, or routine that disrupts or interferes with the proper operation of the Website.
• Spread Harmful Code: Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Unauthorized Access: Attempt to gain unauthorized access to any part of the Website, the server hosting it, or any connected servers, computers, or databases
• Launch Attacks: Attack the Website via a denial-of-service (DoS) or a distributed denial-of-service (DDoS) attack.
• General Interference: Otherwise attempt to interfere with the proper functioning of the Website.

Nudity Policy: DialMe strictly prohibits the sharing of any sexual, explicit, or pornographic content, including drawings and overtly suggestive material. This includes depictions of female breasts, even if shared for educational purposes. Our moderation team actively monitors content to ensure compliance.

• Reporting: To report prohibited material, please use the report button on the user’s profile or within the conversation. Our team will promptly review and take appropriate action, including content removal and user banning.
• Privacy and Message Review: While we respect user privacy in 1:1 conversations with creators, reported messages may be reviewed by our staff for policy and legal compliance. We are committed to maintaining a safe and respectful environment for all users.

6. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and their design, selection, and arrangement) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Permitted Uses:

These Terms of Service grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial5 use only. You are permitted to:

7. User Submissions and Standards

The Website may allow you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, ratings, reviews, feedback, personal information, or other material (collectively, “Content”). You are solely responsible for your use of the Website and any Content you provide, including ensuring compliance with all applicable laws, rules, and regulations.

7.1 Compliance with Submission Standards:

All User Submissions must adhere to the Submission Standards and Prohibited Activities outlined in these Terms of Service.

7.2 Non-Confidential and Non-Proprietary Nature of Submissions:

Any User Submissions you post on the Website will be considered non-confidential and non-proprietary. By submitting, posting, or displaying Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display, and distribute such Content for any purpose, including commercial advertising.
• Prepare derivative works of or incorporate such Content into other works
• Grant and authorize sublicenses of the foregoing rights in any media format and through any media channels

7.3 Your Representations and Warranties:

You represent and warrant that:

1. You possess all necessary rights to your User Submissions and have the authority to grant the license described above to us, our affiliates, service providers, and their respective licensees, successors, and assigns.
2. All of your User Submissions comply with these Terms of Service
We do not claim ownership of your Content. You retain full ownership of your Content and any associated intellectual property or proprietary rights. However:

We are not responsible for any statements or representations made in your Content.

You are solely responsible for your Content related to the Website, and you agree to indemnify and hold us harmless from any claims arising from your Content.

We are not liable to any third party for the content or accuracy of any User Submissions posted by you or any other user.

User Submissions do not reflect our views or the views of our affiliates or partners.

7.4 Our Rights to Moderate Content:

We reserve the right, in our sole discretion, to:

1. Edit, redact, or otherwise modify any Content.
2. Recategorize Content to place it in more appropriate locations on the Website.
3. Prescreen or delete any Content at any time and for any reason, without notice.

7.5 Non-Confidential and Non-Proprietary Nature of Submissions:

All User Submissions must comply with the following standards and all applicable federal, state, local, and international laws and regulations. Specifically, User Submissions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, misleading, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations or otherwise conflict with these Terms of Service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity or advocate, promote, or assist in any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, other sales promotions, barter, or advertising. * Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.
• Disclose private information of others without their consent. * Spread misinformation or engage in any form of fraudulent activity or misrepresentation.
Any behavior found to be deceptive or fraudulent will result in immediate removal from our platform.

8. Our Rights Regarding User Submissions

We have the right, without providing notice, to:

1. Remove or refuse to post any User Submission for any reason or no reason in our sole discretion.
2. Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe it violates the Terms of Service (including Submission Standards), infringes any intellectual property right or other right, threatens the personal safety of users or the public, or could create liability for the Company.
3. Take appropriate legal action, including referral to law enforcement or regulatory authorities or notifying the harmed party of any illegal or unauthorized use of the Website.
4.Terminate or suspend your access to all or part of the Website for any reason, including any violation of these Terms of Service.
You agree to waive and hold harmless the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the Company or any of the foregoing parties relating to any investigations by either the Company or law enforcement authorities.

9. Third-Party Links and Content

For your convenience, the Website may contain links to third-party websites or display third-party content. We make no representations about any other websites or third-party content accessible from this Website. Accessing such sites is at your own risk. We have no control over third-party content or websites and accept no responsibility for them or for any loss or damage arising from your use. Your use of third-party sites is subject to their respective terms and conditions.

10. Social Media Features

The Website may offer certain social media features that allow you to:

• Link from your own or certain third-party websites to specific content on this Website.
• Send emails or other communications containing certain content or links to content on this Website.
• Display or cause limited portions of content from this Website to be displayed on your own or certain third-party websites.

• Establish a link from any website that you do not own.
• Display or frame the Website or any of its portions on any other site (e.g., framing, deep linking, or in-line linking).
• Link to any part of the Website other than the homepage.
• Take any action regarding the materials on this Website that is inconsistent with any other provision of these Terms of Service.

11. Software

By downloading our software, you acknowledge and agree to our End User License Agreement (“EULA”). The terms of the EULA will govern your use of the software.

12. Mobile Application

By using our mobile application, you acknowledge and agree to our EULA and the following additional terms:

• Warranty Disclaimer: If the mobile application fails to conform to any applicable warranty, you may notify the relevant application distributor, who may refund the purchase price according to their terms and policies. To the maximum extent permitted by law, the application distributor will have no other warranty obligations regarding the mobile application.
• Your Representations and Warranties: You represent and warrant that:
  1. 1. You are not located in a country subject to a U.S. government embargo or designated as a “terrorist-supporting” country by the U.S. government.
  2. 2. You are not listed on any U.S. government list of prohibited or restricted parties.
• Third-Party Terms: You must comply with applicable third-party terms of service when using the mobile application.
• Third-Party Beneficiary: You acknowledge and agree that application distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained within these Terms of Service and have the right to enforce these terms against you as such.

13. Prohibited Activities: External Payments and Unauthorized Transactions

To ensure the security and integrity of our platform, DialMe has specific restrictions regarding payment methods and financial transactions:

13.1 Prohibition of External Payment Methods:

• No External Payments for Communication or Content: Users and creators are strictly prohibited from soliciting, accepting, or making any form of payment outside the DialMe platform for communication or content exchanged through the Website. All payments must be processed directly through DialMe’s authorized payment systems.
• Ban on External Payment Arrangements: Encouraging or directing users to transact through external channels or alternative payment methods is strictly forbidden and will result in immediate account suspension or termination.

13.2 Consequences of Violating Payment Policies:

• Account Suspension or Termination: Engaging in transactions outside of DialMe’s authorized payment system may lead to immediate suspension or termination of your account. DialMe reserves the right to take legal action against individuals or entities that breach these terms.
• Investigation and Enforcement: DialMe actively monitors transactions for fraudulent activity and unauthorized payment practices and may involve law enforcement or other legal entities if significant breaches are detected.

13.3 User Responsibility:

• Reporting Unusual Activity: Users are urged to report any solicitation or suggestion of external payment methods by other users or creators.
• Adherence to Platform Guidelines: By using DialMe, you agree to comply with all platform guidelines regarding payments and transactions, including using only approved payment methods.

13.4 Liability

• No Liability for External Transactions: DialMe is not responsible for any losses incurred through unauthorized or external payment transactions. Users engage in such transactions at their own risk, and DialMe disclaims any liability related to such activities.

1. 1. All uses on this Website of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price,” and the like mean the purchase or sale of a license.
2. 2. You will comply with all terms and conditions of the applicable license Terms of Service for any goods, digital products, or information you obtain through this Website, and you will not cause, induce, or permit others’ non-compliance with the terms and conditions of any license Terms of Service for such goods, digital products, or information.
3. 3. Except for the limited license granted under the relevant license Terms of Service, nothing in these Terms of Service grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to the good, digital product, or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product, or information are and will remain with the Company or its licensors, as applicable.

14. Payment and Fees

You may be required to purchase or pay a fee to access our services. We accept Stripe, Visa, Mastercard, Apple Pay, and Google Pay for all purchases. However, the Company does not guarantee the availability of any payment method at any moment and may add, remove, or suspend any payment method temporarily or permanently at its sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date,1 to complete your purchases and contact you as needed.

• Sales tax will be added to the price of purchases as deemed required by us.
• We may change prices at any time. All payments shall be in USD.
• You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

Earnings and Payments to Creators (“Earners”)

• You set your own price for User to pay in order for you to respond to audio or video you create for the User through the Site.
• Payments that you earn will be subject to any applicable DialMe fees as set forth in these Terms and any applicable third-party processing fees.
• Earners will receive 80% of the fee paid by the User, with additional amounts paid to Earners subject to the discretion of DialMe. The fee split is subject to change at DialMe’s discretion, effective upon notice (including by posting revised Earner Terms).
• In order to receive payment, you must have an Earner Wallet. You acknowledge that while your Earner Wallet may be viewable by you on the Site, the funds that comprise the Earner Wallet are operated by a third-party payment provider, Stripe, and that DialMe does not operate, own, or control Stripe.
• While you may enter financial information on an interface screen available from the DialMe Site, your use is governed by your agreement with and the privacy policy of Stripe, not these Terms. See the terms and conditions set forth at Stripe.com for more information.
• If any funds are available, you may view them in your Earning Balance, and you may transfer them to your bank account by submitting a payment request. Your request will be processed by Stripe. A minimum withdrawal balance may apply.
• If you do not provide Stripe with all required information, you may not be able to receive the payments due to you. DialMe will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information.
• If DialMe, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.

14.1 Wallet

DialMe operates on a direct payment system that allows users to easily pay directly from their choice of paymnent via Stripe to communicate with their favorite creators. While we strive to offer competitive pricing and transparency regarding all fees associated with the use of our platform:

• Prices may vary depending on the creator and the services they offer.
• It is the responsibility of the user to ensure they have enough money in their account to cover any communication or service they wish to receive from a creator.
• DialMe is not responsible for any transactions made between users and creators, and any disputes or issues regarding payment must be handled directly between the parties involved.
• We do not guarantee the quality or accuracy of any content or services provided by creators on our platform.
• We have a dedicated team to assist with any payment-related issues you may encounter while using our platform. If you experience any issues related to payments or fees, please contact our support team for assistance.

15. Disclaimers, Liability and Indemnification

You understand and agree that your use of the Website, its content, and any goods, digital products, services, information, or items found or attained through the Website is at your own risk. The Website, its content, and any goods, services, digital products, information, or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. You acknowledge and agree that neither the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to:

• The completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents.
• Any goods, services, digital products, information, or items found or attained through the Website being accurate, reliable, error-free, or uninterrupted.
• Defects being corrected or the Website or the server that makes it available or content being free of viruses or other harmful components or destructive code.

How We Limit Our Liability to You

Indemnification

1. 1. Your breach of these Terms of Service.
2. 2. Your use of the Website including, but not limited to, third-party sites and content.
3. 3. Any use of the Website’s content and services other than as expressly authorized in these Terms of Service.
4. 4. Any use of any goods, digital products, or information purchased from this Website.

16. Privacy Policy

Your provision of personal information through the Website is governed by our Privacy Policy. Please review it carefully to understand our practices.

17. Governing Law

The Website and these Terms of Service will be governed by and construed in accordance with the laws of the United States and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule, and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the Country of Switzerland, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

18. Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of these Terms of Service will continue in full force and effect.

19. Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replace and extinguish all prior or simultaneous Terms of Services, undertakings, arrangements, understandings, or statements of any nature made by the parties or any of them, whether oral or written (and, if written, whether or not in draft form), with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties, or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of the Company.

20. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder

21. Notice

We may provide any notice to you under these Terms of Service by:

1. 1. Sending a message to the email address you provide to us and consent to us using.
2. 2. Posting to the Website.

• By personal delivery, overnight courier, or registered or certified mail to DialMe.
• We may update the address for notices to us by posting a notice on this Website.
• Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of the Company.
• Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.

22. Relationship with DialMe

You and DialMe agree that the relationship between the parties is solely an independent contractor relationship. You acknowledge and agree that:

• You are not a joint venturer, franchisee, partner, agent, or employee of DialMe, and will not represent yourself as such.
• As an independent contractor using our platform to provide certain services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms, and we do not control those elements of your performance.
• You retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance.
• You assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement, or other benefits; healthcare insurance; unemployment insurance; annuities; pension and welfare fund payments required by law, regulation, or any labor union; and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.
• You will use your own equipment to perform your obligations under these Terms.
• You are solely responsible for making any disclosure required by any applicable law, regulation, court order, or any agreement you may have with any third parties regarding your performance under these Terms.
• Your relationship with DialMe is non-exclusive, meaning that you may provide similar services to third parties, including DialMe’s competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms.

• There is no warranty with respect to Earner responses, including the length and content of said responses.
• Earners have no obligation to review or respond unless they indicate they will either review or respond.
• Earners may end any call session at any time.