Terms of Service

Effective Date: April 30, 2025

1. Welcome to Attractr!

Welcome! Attractr ("Attractr," "we," "us," "our") provides a dynamic platform dedicated to fostering meaningful connections within the performing arts community. Our Services connect production companies, artists ("Creators"), and audiences ("Audience Members") through a suite of tools designed for building relationships via shared liveRooms. Our mission is to empower Creators and production teams to offer exclusive, immersive experiences that captivate and engage audiences.

These Terms of Service ("Terms") govern your access to and use of the Attractr website, mobile applications, and services (collectively, the "Services"). Please read these Terms carefully as they form a legally binding agreement between you and Attractr. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

2. Your Account

Eligibility:

You must be at least 13 years old to create an account and use Attractr. To offer memberships, Live Rooms, or manage payments as a Creator, you must be at least 18 years old or have the permission of a parent or legal guardian if required by applicable law in your jurisdiction.

Account Creation:

You agree to provide accurate, current, and complete information during registration and keep your account information updated.

Account Responsibility:

You are solely responsible for all activity that occurs under your account and for maintaining the confidentiality and security of your account credentials (password). You must notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. Attractr is not liable for any loss or damage arising from your failure to protect your account.

Account Transfer:

Accounts are non-transferable. Creators cannot sell or transfer their Attractr accounts.

3. Abusive Conduct and Platform Use

Responsibility:

You are responsible for all your activity on the Services.

Prohibited Conduct:

You agree not to engage in any activity that is illegal, abusive, harassing, harmful to others, or that interferes with the operation of the Services. This includes, but is not limited to:

  • Violating any applicable laws or regulations.
  • Infringing on the intellectual property rights of others.
  • Uploading or distributing malware, viruses, or harmful code.
  • Abusing, harassing, threatening, or intimidating other users.
  • Misusing platform features for unintended purposes (e.g., unauthorized file storage).
  • Attempting to gain unauthorized access to the Services or other user accounts.
  • Exploiting the platform in any way that harms Attractr or its community.

Enforcement:

We reserve the right to investigate and take appropriate action, including suspending or terminating your account and removing content, if we believe you have violated these Terms, our Community Guidelines, or any applicable laws, or engaged in conduct detrimental to the platform or community. We aim to resolve issues collaboratively but prioritize the safety and integrity of our Services.

4. All About Being a Creator

Overview:

Creators use Attractr to engage audiences through unique content and live liveRooms, often offering memberships for exclusive access and perks.

Creator Pages & Offerings:

To become a Creator, you must set up a Creator account and can launch Show Pages and Live Rooms. You define your offerings, membership tiers, and associated benefits.

Payments:

  • Billing: Attractr facilitates payments from Audience Members to Creators. We currently support a one-time billing model as specified in your Creator settings. Payments are processed securely through our third-party payment partners (e.g., Stripe).
  • Processing: Payments are typically processed promptly, but delays may occur due to payment processor issues, disputes, or fraud investigations. Attractr may hold funds temporarily as needed for security or during dispute resolution.
  • Currency: Payments are processed in the currency displayed at checkout, with automatic adjustments for local currencies where feasible.

Fees:

As a Creator, you agree to pay the following fees, which will be deducted from your earnings:

  • Attractr Platform Fee: A percentage or flat fee based on processed payments, as detailed in your Creator dashboard or agreement.
  • Payment Processing Fee: Charged by our payment partners for handling transactions, currency conversion, and fraud prevention.
  • Payout Fee: Applied when funds are transferred to your designated payout method.
  • Currency Conversion Fee: Applied if payments are processed or paid out in different currencies.
  • Taxes (VAT/GST/Sales Tax): See below. Fee rates are subject to change with notice.

Taxes:

  • Collection: Attractr collects tax identification information (e.g., W-9, W-8BEN, GST/HST/QST numbers) as required by law.
  • Indirect Taxes (VAT, GST, Sales Tax): Where applicable, Attractr will calculate, collect, and remit indirect taxes (like VAT, GST/HST, QST, or sales tax) on payments made by Audience Members based on their location. These taxes are added to the transaction amount and are not deducted from the Creator's listed price but are remitted to the relevant tax authorities. Your earnings dashboard will reflect these tax calculations.
  • Income Tax: Creators are solely responsible for determining their income tax obligations and reporting their earnings to the appropriate tax authorities based on their residency and income. Attractr may be required to report Creator earnings to tax authorities.

Content Guidelines & Data Processing:

  • You must comply with Attractr's Community Guidelines and all applicable laws regarding the content you post.
  • Content depicting illegal acts or extreme graphic violence is prohibited. Specific rules apply to adult-oriented content, which must be appropriately labeled.
  • You agree to handle any Audience Member data you receive (e.g., names, email addresses for fulfilling benefits) securely and in compliance with applicable privacy laws (including Quebec's Law 25) and Attractr's Data Processing Agreement (if applicable).

Privacy Compliance:

As a Creator processing personal information of Audience Members, you acknowledge your responsibilities under applicable privacy laws, including Quebec's Law 25 and, where applicable, the General Data Protection Regulation (GDPR). You agree to handle personal information lawfully and transparently. Please refer to our Privacy Policy for more information on data handling.

Restrictions & Beta Features:

  • You cannot sell or transfer your Attractr account.
  • Attractr continuously develops the platform. We may offer access to beta or experimental features ("Beta Features"). Beta Features are provided "as-is" without warranties of any kind, either express or implied. Attractr does not guarantee the reliability, availability, or functionality of Beta Features, and shall not be liable for any loss or damage arising from your use of them. Access to Beta Features may be changed, suspended, or discontinued at any time without notice.

Refund Policy:

Payments made by Audience Members to Creators, including memberships and other contributions, are generally non-refundable unless otherwise required by applicable law (such as specific consumer protection laws in certain jurisdictions). Attractr facilitates payments but is not responsible for issuing refunds directly, except where legally mandated or in specific cases determined at our discretion (e.g., confirmed fraud). Creators may choose to offer refunds independently under their own policies.

5. All About Being an Audience Member

Overview:

As an Audience Member, you can discover and support Creators, access free and exclusive content, and engage through features like Live Rooms.

Memberships and Purchases:

You can support Creators by purchasing memberships or making one-time payments for specific benefits. Payment terms (one-time, recurring) are set by the Creator and displayed at checkout.

Payments and Fees:

You agree to pay the charges associated with your chosen memberships or purchases. Payments are processed through Attractr's payment partners. Depending on your location and payment method, currency exchange fees or foreign transaction fees may apply. Applicable taxes (VAT, GST, Sales Tax) will be added to the total amount based on your location.

Access License:

When you purchase a membership or content, you receive a limited, personal, non-transferable, non-sublicensable, revocable license to access the Creator's content and benefits for the duration specified (e.g., membership term). This license does not grant ownership rights.

Access Limitations:

Your access to content may be revoked if the content is removed by the Creator or Attractr (e.g., due to policy violations), if the Creator's account is deactivated, or if your membership expires or is terminated.

Accurate Information:

You are responsible for keeping your account and payment information current to ensure accurate billing and tax assessment.

Refunds:

As stated in Section 4, payments are generally non-refundable unless required by law or otherwise determined by Attractr or the Creator. If you believe you are entitled to a refund under applicable consumer protection law, please contact us.

Feature Testing:

You may occasionally gain access to Beta Features. Your use of these features is subject to the Beta Features Disclaimer in Section 4.

6. Attractr's Role

Platform Provider:

Attractr provides the platform for Creators and Audience Members to connect. We are not a party to the direct relationship or transactions between Creators and Audience Members, except for facilitating payments and enforcing these Terms.

Content Review & Moderation:

We take an active role in maintaining a safe and respectful community. We may review content, posts, and reported activity to enforce our Terms and Community Guidelines. This may involve investigating potential violations on or off the platform.

Account Actions:

While we aim for collaborative resolution, we reserve the right to suspend or terminate accounts or remove content to protect the integrity of the Services and community.

Compliance:

As a global platform based in Canada, Attractr complies with applicable laws and regulations, including economic sanctions laws that may restrict transactions with certain individuals, entities, or regions. Please report potential violations.

7. Account Deletion

By You:

You can delete your Attractr account at any time through your account settings. Deletion may result in the loss of access to content and memberships. Certain information may be retained as required by law or for legitimate business purposes (see our Privacy Policy).

By Attractr:

We reserve the right to suspend, terminate, or restrict access to your account or remove content at our discretion, without notice, if we believe you have violated these Terms, pose a risk to the platform or community, or for other operational or legal reasons.

No Liability for Third-Party Actions:

You waive any claim against Attractr related to actions taken regarding another user's account or content.

8. Intellectual Property

Creator Content:

Creators retain ownership of the intellectual property rights in the content they create and post on Attractr ("Creator Content"). By posting Creator Content, you grant Attractr a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such Creator Content as necessary to operate, promote, and improve the Services and facilitate your offerings. This license ends when you delete your content or account, unless your content has been shared with others who haven't deleted it. You represent and warrant that you have all necessary rights to grant this license and that your Creator Content does not infringe third-party rights.

Audience Member Data:

Creators also retain ownership of the database of their Audience Members obtained through Attractr, subject to compliance with privacy laws and Attractr's policies.

Attractr's Intellectual Property:

The Services themselves, including the website text, software, code, designs, graphics, logos, trademarks, service marks, and other platform assets ("Attractr IP"), are owned by or licensed to Attractr and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, copy, reproduce, modify, distribute, or create derivative works from Attractr IP without our express written permission, except as permitted by our Brand Guidelines for promoting your Attractr page.

Feedback:

If you provide feedback, suggestions, or bug reports to Attractr, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use such feedback for any purpose, including improving the Services, without any obligation to you.

9. Third-Party Apps and Services

The Services may allow you to connect or integrate with third-party applications, websites, or services ("Third-Party Services"). Your use of Third-Party Services is subject to their respective terms and privacy policies. Attractr is not responsible for the content, functionality, or practices of Third-Party Services. If you authorize a connection, Attractr may access or share certain account information as permitted by you and detailed in our Privacy Policy. You can manage these connections through your account settings.

10. Indemnity

You agree to indemnify, defend, and hold harmless Attractr, its affiliates, officers, directors, employees, agents, and third-party service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any content you submit or transmit through the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATTRACTR, ITS AFFILIATES, AND ITS PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ATTRACTR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS (LIKE QUEBEC) DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU IN FULL, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATTRACTR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ATTRACTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT THEREON.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATTRACTR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES (IF ANY) PAID BY YOU TO ATTRACTR FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM ATTRACTR'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE PROHIBITED (LIKE QUEBEC, REGARDING LIABILITY FOR PERSONAL INJURY OR MORAL DAMAGES CAUSED BY ATTRACTR'S FAULT).

13. Governing Law and Dispute Resolution

Governing Law:

These Terms of Service are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Dispute Resolution:

We encourage you to contact us first at [email protected] to resolve any issues informally. For any disputes arising out of or relating to these Terms or your use of the Services that cannot be resolved informally, you agree to submit to the exclusive jurisdiction of the courts located in the judicial district of Montreal, Quebec.

14. Language

These Terms are drafted in English. Conformément à la Charte de la langue française du Québec, les parties conviennent que ces Conditions ainsi que tous les documents s'y rattachant soient rédigés en anglais. (In accordance with Quebec's Charter of the French Language, the parties agree that these Terms and all related documents be drawn up in English). In the event of any discrepancy between the English version and a version translated into another language (including French), the English version shall prevail, except where prohibited by applicable law (such as in Quebec, where the French version may prevail if provided).

15. Additional Terms

Entire Agreement:

These Terms, together with the Privacy Policy, Community Guidelines, and any other policies referenced herein or provided by Attractr, constitute the entire agreement between you and Attractr regarding the Services and supersede all prior agreements or understandings, whether written or oral.

No Relationship:

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Attractr.

Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect and enforceable. Where possible under Quebec law, an unenforceable provision may be interpreted or modified to reflect the original intention as closely as possible while being enforceable.

No Waiver:

Attractr's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment:

You may not assign or transfer these Terms or your rights or obligations hereunder without Attractr's prior written consent. Attractr may assign these Terms or any rights hereunder without restriction.

Changes to Terms:

We reserve the right to modify these Terms at any time. If we make material changes, we will provide reasonable notice (e.g., by email, through the Services, or by updating the "Effective Date"). Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

Text Messages (SMS):

If you opt-in to receive text messages from Attractr, you consent to receive automated marketing or informational texts at the phone number provided. Consent is not a condition of purchase. Standard message and data rates may apply. Message frequency varies. You can opt-out at any time by replying STOP. Attractr and mobile carriers are not liable for delayed or undelivered messages.

Accessibility:

For accessibility support or to request these Terms in an alternative format, please contact us at [email protected].

Contact:

For questions about these Terms, please contact [email protected] or mail us at: Attractr, 4060 Boulevard St-Laurent, Suite 703 Montréal, QC, Canada H2W 1Y9