Terms of Service

1. Definitions

In these Terms, capitalised terms have the meanings set out below. Other defined terms are introduced in context.

• "Account" means the account you create to access the Service.
• "Cash-Equivalent" means having ascertainable monetary value, including through conversion into another medium that does have monetary value (for example, Gems converted to cryptocurrency).
• "Coins" or "VC Coins" means the virtual currency identified within the Service as VC, used for in-Service purchases, Tips, paid stream access, creator memberships, Boosts, and other interactions.
• "Content" means any text, image, video, audio, livestream, comment, message, profile information, or other material you submit, transmit, post, host, display, or otherwise make available through the Service.
• "Eligible Earnings" means accrued revenue share that meets the conditions for payment under Section 8.2.
• "Gems" means the unit in which VERGR records accrued revenue share owed to a Creator, as described in Section 7.4. One Gem represents one United States cent (USD 0.01) of an amount payable by VERGR. Gems are not a currency, not stored value, and not transferable.
• "Identity Verification" means the government-identity, photographic, and liveness check performed by our third-party verification provider (Didit or a successor we identify in the Privacy Policy).
• "KYC" means know-your-customer compliance, including age verification, identity verification, and screening against international sanctions and watchlists.
• "Didit" means our Identity Verification provider (operated at didit.me).
• "Revenue Share Rate" means the percentage of the gross revenue generated by a Creator's content that VERGR pays to that Creator, determined by their lifetime earnings as set out in Section 11.2. It is the only deduction VERGR applies to Creator earnings.
• "Restricted Jurisdiction" means a country, state, province, region, or other jurisdiction listed at Section 4.3, or any other jurisdiction where the operation or use of the Service would be unlawful.
• "Service" means VERGR as defined in the introduction to these Terms.
• "Paid Stream" means a live broadcast to an audience for which the broadcasting User has set a price, access to which a viewer obtains either by a one-off purchase for that broadcast or through an active creator membership with that User.
• "1:1 Session" means a private, invitation-only live session between exactly two Users, reachable only by a link the host sends directly. A 1:1 Session is technically limited to a single viewer and is excluded from all discovery surfaces. It is not a broadcast and is not a Paid Stream, whether or not the host has set a price for entry.
• "User", "you", and "your" mean any natural person who creates or uses an Account or accesses the Service.
• "VP" or "Vergr Points" means the non-withdrawable engagement-tracking unit awarded for completing in-Service activities; VP have no monetary value and are not Cash-Equivalent.
• "Wallet" means the in-Service ledger that records your Coins, VP, and Gems.

2. Acceptance and Modification of Terms

2.1 Acceptance. By creating an Account or by accessing or using the Service in any way, you accept these Terms and form a binding agreement with VERGR. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.

2.2 Updates. VERGR may update these Terms from time to time. When VERGR makes material changes we will (a) update the "Last updated" date at the top of these Terms; (b) increment the version number; (c) notify you by in-Service notice, email, or other reasonable means; and (d) where required by applicable law, request your express re-acceptance before further use of the Service.

2.3 Continued use. Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms. If you do not accept the updated Terms you must stop using the Service and may close your Account in accordance with Section 21.

2.4 No oral modifications. These Terms may not be modified except in writing, signed by an authorised representative of VERGR, or by VERGR posting an updated version in accordance with this Section 2.

3. Description of the Service

3.1 What VERGR is. The Service is a social and live streaming platform for gamers and creators that combines (a) social networking features (profiles, posts, comments, clips and short-form video, direct and group messaging, squads, follow relationships); (b) live and on-demand video and audio streaming, including Paid Streams; (c) an internal virtual-currency economy comprising Coins, VP, and Gems; (d) creator monetisation features including tipping, paid memberships, paid stream access, and platform-funded engagement amplifications ("Boosts"); and (e) related ancillary functionality. The Service does not offer betting, wagering, prediction markets, prize competitions, or games of chance of any kind.

3.2 What VERGR is not. The Service is not a gambling, sports-betting, casino, lottery, financial product, money-transmission, securities, banking, deposit-taking, or investment service. Coins, VP, and Gems are not legal tender, are not bank deposits, are not securities or investment contracts, and are not insured by any government or financial-regulator deposit-insurance scheme. The Service is not a means of transferring value between Users for general payment purposes outside of the in-Service features described in these Terms.

3.3 No financial advice. Nothing in the Service constitutes financial, investment, legal, tax, or accounting advice. You are responsible for determining the tax treatment of your activity on the Service and for complying with the laws of your jurisdiction.

3.4 Evolving Service. The Service is under active development. VERGR may add, remove, modify, or temporarily suspend features at any time without prior notice, except where these Terms or applicable law require prior notice.

4. Eligibility, Registration, and Account

4.1 Minimum age. You must be at least eighteen (18) years of age, or the higher age of majority in your jurisdiction, to create an Account or use the Service. The Service is strictly not available to persons under 18, and we do not knowingly collect information from anyone under 18. If VERGR becomes aware that an Account belongs to a person under the required age, the Account will be closed, the Account-holder's data will be deleted in accordance with our Privacy Policy, and any balance in the Wallet will be forfeited or returned at VERGR's discretion, subject to applicable law.

4.2 Identity Verification. Identity Verification is required before VERGR can pay accrued revenue share to you. This is the feature that legally requires an 18+-verified adult participant: the outbound payout rail (anti-money-laundering / processor compliance). Other features of the Service — registering an Account, browsing, purchasing Coins, sending or receiving tips, buying access to a Paid Stream, paying for a subscription, and earning revenue share — do not require Identity Verification, although a user must still self-declare an age of at least eighteen (18) at signup and must reside in a non-Restricted Jurisdiction. Identity Verification is performed by Didit and includes capture of a government-issued photo ID, a selfie with liveness check, and screening against age and sanctions criteria. Verification is one-time per User; results are recorded in your Account record. VERGR may require additional or re-verification at any time, including in connection with elevated transaction volumes, fraud signals, or regulatory changes.

4.3 Restricted Jurisdictions. The Service is not offered, and you may not access or use the Service, if you are located in, ordinarily resident in, or accessing the Service from, a Restricted Jurisdiction. As of the Effective Date, Restricted Jurisdictions include the following countries — China, North Korea, Iran, Syria, Cuba, Russia, Belarus, Venezuela, Saudi Arabia, United Arab Emirates, Qatar, Kuwait, Iraq. VERGR may update the Restricted Jurisdiction list at any time. The current list is published in these Terms and in our Privacy Policy. Attempting to circumvent geographic restrictions by means of a virtual private network, proxy, anonymisation service, false declaration of residence, or any other method constitutes a material breach of these Terms.

4.4 Sanctions. You represent and warrant that you are not (a) located in, ordinarily resident in, or a national of any country subject to comprehensive sanctions by the United Nations, the European Union, the United Kingdom, the United States Office of Foreign Assets Control ("OFAC"), or any other applicable sanctions authority; (b) identified on any sanctions list maintained by any such authority; or (c) owned or controlled by a person identified on any such list. You agree not to use the Service for the benefit of any such person. VERGR may screen Account-holders, transactions, and counterparties against sanctions lists at any time and may suspend or terminate Accounts that present a sanctions risk.

4.5 Account registration. To register an Account you must provide accurate, current, and complete information, including a valid email address, a password, your date of birth, your username, and your display name. You must agree to these Terms and the Privacy Policy at the time of registration. You are responsible for keeping the information in your Account accurate and up to date.

4.6 One Account per person. Each person may hold only one Account. You may not register multiple Accounts; you may not allow another person to use your Account; and you may not create an Account on behalf of another person without that person's express authorisation and lawful capacity to consent. Creating additional Accounts to circumvent a suspension, gain an unfair advantage, manipulate the economy, or evade fees is a material breach of these Terms.

4.7 Account security. You are responsible for maintaining the confidentiality of your Account credentials, including your password and any second-factor authentication device, and for all activity that occurs on your Account. You must notify VERGR immediately at support@vergr.app if you suspect unauthorised access. VERGR is not liable for any loss arising from unauthorised access to your Account where such access was not caused by VERGR's breach of these Terms or applicable law.

4.8 Username and identity. Your username must not impersonate another person, infringe a third party's rights, or contain unlawful, abusive, or deceptive content. VERGR may reclaim, rename, or reassign usernames in cases of impersonation, trademark complaint, inactivity, or violation of these Terms.

4A. User Representations, Warranties, and Acknowledgements

4A.1 Eligibility representations. Each time you access or use the Service, you represent and warrant to VERGR that, at that moment: (a) you are at least eighteen (18) years of age, or the higher age of majority required by the laws of your jurisdiction; (b) you are not located in, ordinarily resident in, or accessing the Service from any Restricted Jurisdiction (Section 4.3); (c) your use of the Service is fully lawful in the jurisdiction in which you are located; (d) you are not subject to any sanctions list maintained by the United Nations, the European Union, the United Kingdom, the United States Office of Foreign Assets Control ("OFAC"), or any other applicable sanctions authority; (e) you have not been previously suspended or removed from the Service; (f) all information you provide to VERGR is accurate, current, and complete; and (g) you have read, understood, and agree to be bound by these Terms, the Privacy Policy, the Acceptable Use Policy, and any other policies published on the Service.

4A.2 Sole responsibility for local compliance. YOU, AND NOT VERGR, ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER YOUR ACCESS TO AND USE OF THE SERVICE — INCLUDING WITHOUT LIMITATION YOUR PURCHASE AND USE OF COINS, YOUR RECEIPT OF REVENUE SHARE AS A CREATOR, AND ANY OTHER ECONOMIC ACTIVITY — IS LAWFUL IN YOUR JURISDICTION OF RESIDENCE, NATIONALITY, OR PHYSICAL LOCATION AT THE TIME OF USE. VERGR MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE OR ANY FEATURE OF IT IS LAWFUL IN YOUR JURISDICTION. The list of Restricted Jurisdictions published in these Terms is non-exhaustive and reflects VERGR's good-faith efforts only; your jurisdiction may impose restrictions, age requirements, tax obligations, licensing requirements, or other obligations that are not enumerated here, and YOU are responsible for identifying and complying with them.

4A.3 No reliance. You acknowledge that VERGR has not provided you with any legal, tax, financial, accounting, regulatory, or investment advice in connection with the Service, and that you have not relied on any such advice from VERGR in deciding to use the Service. If you require advice in any of these areas, you must consult an appropriately qualified professional in your jurisdiction.

4A.4 Anti-circumvention representation. You represent and warrant that you have not used and will not use any virtual private network ("VPN"), proxy, anonymisation service, Tor, false declaration of residence or nationality, falsified identification document, or any other technique to circumvent the geographic restrictions, age restrictions, identity-verification requirements, or any other access controls applied by the Service. You acknowledge that any such circumvention is a material breach of these Terms, voids the protections of Section 11 (Service Availability) in your favour, may result in immediate termination and forfeiture of all balances, and renders any subsequent civil or regulatory consequence YOUR sole responsibility — not VERGR's.

4A.5 Risk acknowledgement. You acknowledge and accept that (a) Coins are spent on access to features and are consumed when used, so a Coin you spend is not returned to you; (b) Coins are a limited, revocable licence to access features, are non-transferable, have no cash value, and cannot be redeemed, exchanged, or withdrawn for money; (c) VP has no real-world value and may be reduced or eliminated by VERGR with notice; (d) the Service may be modified, restricted, or discontinued at any time without compensation; (e) third-party processors (our payment processor, Didit, and any others VERGR may identify in the Privacy Policy) may delay, decline, freeze, or reverse transactions for their own compliance reasons over which VERGR has no control; (f) regulatory action in your jurisdiction may affect your ability to use the Service; and (g) you participate at your own risk.

4A.6 Tax responsibility. You are solely responsible for determining whether your use of the Service gives rise to any tax obligation in your jurisdiction (income tax, value-added tax, capital-gains tax, withholding tax, or otherwise) and for reporting and paying any such tax. VERGR does not act as a tax agent, does not withhold tax on your behalf, and does not provide tax reporting documents except where compelled by applicable law. You acknowledge that the tax treatment of creator revenue share varies significantly by jurisdiction and is your responsibility to research.

4A.7 Survival of representations. The representations and warranties in this Section 4A are made at signup and renewed each time you access the Service. They survive termination of your Account and these Terms.

5. Permitted Use and Licence

5.1 Licence to use the Service. Subject to your compliance with these Terms, VERGR grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own non-commercial enjoyment, and, where applicable, your participation as a creator, host, or squad operator within the in-Service economy.

5.2 Reservation of rights. All rights not expressly granted to you under these Terms are reserved by VERGR. The Service, including all software, code, designs, trademarks, logos, audio, video, text, and other content owned by VERGR (collectively, "VERGR IP"), is the property of VERGR or its licensors and is protected by intellectual-property and other laws. You acquire no ownership interest in any VERGR IP.

5.3 No reverse engineering. You must not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or trade secrets underlying the Service, except to the extent such restriction is prohibited by applicable law.

5.4 No commercial exploitation. You must not sell, lease, sublicense, distribute, or otherwise commercially exploit the Service or any part of it without VERGR's prior written consent, except as expressly permitted under these Terms (for example, by participating in the creator monetisation features).

6. No Gambling (Important — Read Carefully)

6.1 No gambling of any kind. VERGR does not offer, facilitate, or promote betting, wagering, prediction markets, sports betting, casino games, slot mechanics, lotteries, raffles, sweepstakes, prize competitions, scratch cards, loot boxes, or any other product or feature in which a User stakes money, Coins, or anything of value on an uncertain outcome. There is no betting against the house and no betting between Users. No feature of the Service meets the legal definition of gambling in any jurisdiction in which the Service is offered.

6.2 No games of chance and no randomised rewards. The Service contains no chance-based prize-distribution mechanic and no randomised-reward mechanic. Coins are never awarded at random, and no purchase made through the Service produces an uncertain or randomised outcome.

6.3 Every Coin purchase is a known-value purchase. Coins are spent on goods and services with a stated price and a certain outcome: Tips to creators, access to a Paid Stream, creator memberships, subscription plans, and Boosts. In every case the User knows before paying what they receive in exchange. Nothing on the Service is staked, risked, or subject to forfeiture on the result of a game or event.

6.4 Prohibited User conduct. Users may not use the Service, or any feature of it, to organise, advertise, solicit, or settle gambling, betting, wagering, or any staking arrangement, whether between Users or with third parties, including in live stream chat, direct messages, group chats, squad chats, or posted Content. Doing so is a material breach of these Terms and of the Acceptable Use Policy, and may result in immediate and permanent termination of the Account.

6.5 Reporting. If you encounter any attempt to use the Service for gambling or staking, report it using the in-Service report function or by writing to support@vergr.app. Reports are reviewed by VERGR's moderation team.

7. Virtual Currencies (Coins, VP, Gems)

7.1 No real-world value. Coins and VP are virtual items provided through the Service. They are not money, are not legal tender, are not currency, are not securities, are not a substitute for any sovereign or private currency, are not redeemable for cash, and have no value outside the Service. Gems are different in kind: they are not a virtual item you hold but a record of an amount VERGR owes you under the Creator Revenue Share Agreement in Section 11, payable in accordance with Section 8.

7.2 Coins (VC). Coins are a limited, revocable, non-exclusive, non-transferable licence to access features of the Service. They are not money, not a currency, not a stored-value or prepaid instrument, and have no value outside the Service. Coins are purchased from VERGR, and spending Coins in the Service is a payment to VERGR, not to any other User. Coins may be acquired by (a) purchase with fiat currency or cryptocurrency through the payment processors VERGR integrates; or (b) award by VERGR in connection with promotions, refunds, or rebates at VERGR's discretion. Coins may be spent on tips, access to a Paid Stream, paid memberships, locked content, subscription plans, Boosts, and other in-Service features. Coins cannot be sold, traded, gifted, or transferred to another person, cannot be redeemed for cash, and cannot be withdrawn. Coins are non-refundable once delivered, except where required by applicable consumer-protection law or as expressly stated in our Refund Policy (Section 9).

7.3 VP (Vergr Points). VP is an engagement-tracking unit awarded for completing in-Service activities such as creator quests, daily logins, content milestones, and referrals. VP have no monetary value, are not Cash-Equivalent, are not redeemable for fiat currency or cryptocurrency, may not be converted into Coins or Gems, may not be transferred between Users, and may not be withdrawn. VP exist solely to recognise engagement and unlock progression within the Service.

7.4 Gems. Gems are the unit in which VERGR records revenue share that it owes to a Creator. One (1) Gem represents one United States cent (USD 0.01) of accrued revenue share. Gems are a record of an amount payable by VERGR to you under Section 11; they are not a currency, not a stored-value or prepaid instrument, not a deposit, not funds held by VERGR on your behalf or for your benefit, and not transferable to any other person. Gems accrue automatically at the moment revenue is earned, at your Revenue Share Rate at that moment, in accordance with Section 11.3. You are not required to take any action to convert anything, and there is no separate conversion step or conversion fee. Accrued amounts are paid to you on the schedule set out in Section 8.

7.5 No promises about future value. VERGR makes no representation that Coin prices, Revenue Share Rates, payment schedules, minimum payment amounts, or any other economic parameter of the in-Service economy will remain unchanged. VERGR may modify these parameters in accordance with Section 11.5, which requires notice and never applies retrospectively to revenue already accrued. Coins and VP are not investments and should not be acquired or held in the expectation of an increase in value.

7.6 Non-transferability and non-resale. Except through the in-Service mechanisms described in these Terms, you must not sell, trade, transfer, lend, gift, or otherwise dispose of Coins, VP, or Gems to any other person or for any consideration outside the Service. Real-money trading ("RMT") of in-Service virtual items through any external venue is strictly prohibited and is grounds for permanent termination of your Account and forfeiture of balances.

7.7 Account closure or termination. On voluntary closure of your Account, unspent Coins and VP are forfeited and not redeemable. Eligible Gem balances at the time of closure will be paid out in accordance with Section 8, subject to your having completed Identity Verification and the standard payout windows, holds, and limits. On involuntary termination of your Account by VERGR for cause (Section 21.3), all Coins, VP, and Gems may be forfeited.

7.8 Insolvency. In the event that VERGR ceases operations, files for protection from creditors, or is wound up, Coins and VP will not be refunded. Accrued revenue share owed to a Creator is an ordinary commercial debt and will be treated in accordance with applicable insolvency law; it is not held in trust or in a segregated account and is not protected by any deposit-protection scheme. VERGR will give Creators not less than thirty (30) days' notice, where practicable, of any voluntary winding up.

8. Payment of Revenue Share

8.1 What this Section covers. This Section describes how and when VERGR pays you amounts of revenue share that have accrued to you under Section 11. It replaces the former user-initiated withdrawal process. You do not request a payment and you do not choose when one is made; VERGR calculates what it owes you and pays it on the schedule below, in the same way that any business pays its suppliers.

8.2 Eligibility to be paid. VERGR will pay accrued revenue share to you once all of the following are true: (a) you have completed Identity Verification to at least Level 1; (b) you have provided a valid tax form appropriate to your jurisdiction and it remains current; (c) you have connected a payout account through our payments partner and the details on it match your verified identity; (d) you are not located in a Restricted Jurisdiction and are not subject to sanctions; (e) your Account is not suspended, frozen, or under fraud review; and (f) your accrued balance meets the minimum in Section 8.4.

8.3 Payment schedule. Payments are made on a recurring schedule that depends on the maturity of your Account. Standard: monthly, on the first day of each calendar month; this applies to every Account by default. Established: twice monthly, on the first and fifteenth day of each calendar month, once your Account has completed at least ninety (90) days since its first payment, received at least three (3) successful payments, reached Identity Verification Level 2, and has no active Strikes. Priority: weekly, on Mondays, once your Account has completed at least one hundred and eighty (180) days since its first payment, received at least twelve (12) successful payments, reached Identity Verification Level 2, and has no active Strikes. Where a scheduled date falls on a weekend or a banking holiday, payment is initiated on the next business day.

8.4 Minimum payment amount and roll-over. The minimum payment amount is one hundred United States dollars (USD 100), and it is the same at every stage of the schedule in Section 8.3. If your accrued balance is below the minimum on a scheduled date, no payment is made on that date and the full accrued amount carries forward to the next scheduled date. Amounts below the minimum are never forfeited, never expire, and are never reduced by any holding, dormancy, inactivity, or maintenance charge.

8.5 How payment is made. Payments are made through a third-party payments partner, which acts as the payer of record and disburses funds to the payout account you have connected. Supported payout methods and countries are published in the in-Service payout setup flow and may change from time to time. The partner is identified by category as a recipient of your payout data in the Privacy Policy.

8.6 Fees on payment. VERGR does not deduct any fee from a scheduled payment. Your Revenue Share Rate under Section 11.2 is the only deduction that applies to your earnings, and it has already been applied at the time the revenue accrued. VERGR bears the cost charged by the payments partner for making each payment. Your own bank or payment provider may apply its own receiving or currency-conversion charges, over which VERGR has no control and from which VERGR receives nothing.

8.7 Statements. VERGR issues a statement for each payment, available in the Service, showing the period covered, the gross revenue your content generated in that period broken down by source, the Revenue Share Rate applied, any adjustments made under Section 8.9, the net amount paid, the method, and the payment reference. Statements are your record of amounts paid to you and are retained in the Service for at least seven (7) years.

8.8 Strikes and their effect on payment. A Strike is recorded against your Account where (a) a moderation action against your Content is upheld after the appeal window has closed; (b) chargebacks on purchases that funded your earnings exceed the rate threshold VERGR applies for fraud control; (c) a fraud review is upheld against your Account; (d) a payment fails because the details you supplied were false or did not match your verified identity; or (e) you attempt to circumvent the Service, including by real-money trading, by soliciting payment off-platform in order to avoid the Revenue Share Rate, or by operating multiple Accounts to reach a higher rate tier. A dismissed report is not a Strike, an isolated chargeback below the threshold is not a Strike, and a Strike that is reversed on appeal is removed together with its effects. A Strike expires one hundred and eighty (180) days after it is recorded. One active Strike reduces your payment schedule by one stage. Two active Strikes return your schedule to Standard. Three active Strikes suspend payment pending review by VERGR. Suspension of payment does not stop revenue share from accruing to you and does not forfeit any accrued amount; amounts continue to accrue and are held until the review concludes. Forfeiture occurs only on termination for cause under Section 21.3, which is decided by a person and not automatically.

8.9 Set-off, adjustment, and clawback. VERGR may set off against amounts accrued to you, or recover from a future payment: (a) amounts corresponding to a purchase that was refunded, reversed, or charged back after the related revenue share accrued to you; (b) amounts that accrued from activity found to be in breach of these Terms, including cheating, collusion, multi-accounting, or real-money trading; and (c) amounts paid to you in error. VERGR will notify you of any adjustment and will show it on the statement for the period in which it is applied.

8.10 Holds and review. VERGR may delay or withhold a payment where (a) it has reasonable grounds to suspect fraud, money laundering, sanctions evasion, or other unlawful conduct; (b) it is required to do so by court order, regulator, or applicable law; (c) Identity Verification or supplementary information has not been completed or is inconsistent with the payout account; or (d) the pattern of activity appears designed to evade a reporting threshold. Where a payment is delayed or withheld, VERGR will notify you and, where it is lawful to do so, tell you why.

8.11 Taxes. You are responsible for the tax treatment of amounts paid to you. VERGR does not withhold income tax except where required by applicable law. VERGR will collect the tax documentation described in Section 8.2(b) before the first payment, and will report amounts paid to you to the relevant tax authority where the law requires it. You must keep your tax information current; an out-of-date form will stop payment until it is corrected.

8.12 No interest and no deposit. Amounts accrued to you but not yet paid do not earn interest. They are an amount owed by VERGR to you under a commercial contract. They are not a deposit, are not held in trust or in a segregated account for you, are not client money, and are not insured by any deposit-protection scheme.

8.13 Closure and cessation. On voluntary closure of your Account, accrued revenue share is paid in the next scheduled payment run following closure, provided the eligibility conditions in Section 8.2 are met, disregarding the minimum in Section 8.4. On termination of your Account by VERGR for cause under Section 21.3, accrued amounts may be forfeited. In the event that VERGR ceases operations, accrued amounts owed to Creators rank as ordinary commercial debts and are treated in accordance with applicable insolvency law; VERGR will give Creators not less than thirty (30) days' notice, where practicable, of any voluntary winding up.

9. Refund Policy (Inbound Purchases)

9.1 General rule — no refunds. Because Coins are virtual items delivered immediately and consumed within the Service, and because the Service offers digital content and services performed immediately on your acceptance, Coin purchases and subscription payments are not refundable once the Coins have been credited to your Wallet or the subscription period has begun, except where required by applicable consumer-protection law or as expressly stated below.

9.2 EU/UK cooling-off — express waiver. Where you are a consumer in the European Union, the European Economic Area, or the United Kingdom and would otherwise have a fourteen (14) day right of withdrawal under Directive 2011/83/EU or its UK equivalent, you expressly acknowledge and agree that, by completing a purchase of Coins or activating a subscription, (a) you request that performance begin immediately during the cooling-off period; and (b) you accept that your right of withdrawal will be lost once the Coins are delivered or the subscription period begins. This waiver is presented to you at checkout in accordance with the legislation.

9.3 Erroneous charges. If you are charged in error — including duplicate charges, charges to which the wrong Account was credited, or charges initiated by an unauthorised user of your payment method — you may request a refund within thirty (30) days of the charge by writing to support@vergr.app. We will investigate and, where the charge is confirmed as erroneous, refund the amount to the original payment method.

9.4 Undelivered Paid Streams. If you purchase access to a Paid Stream and the broadcast is cancelled by the creator or by VERGR, or does not take place, the purchase is refunded to your Wallet in full. Once the broadcast has taken place and access has been delivered, the purchase is final except as required by law.

9.5 Subscription cancellation. You may cancel a paid subscription at any time from your Account settings. Cancellation takes effect at the end of the current billing period; you retain access to subscription benefits until that date. No partial refunds are issued for unused subscription time.

9.6 Processor terms. Where a purchase is processed by a third-party payment provider, that provider's additional terms may apply to refund eligibility. We are not responsible for refund decisions made by the provider; however, we will cooperate reasonably with bona fide refund requests.

9.7 Chargebacks. Initiating a chargeback or successful payment dispute against a VERGR purchase has consequences including reversal of the corresponding Coins, debit of any amounts already spent from those Coins, account suspension or termination, and chargeback fees. Disputes about purchases should be raised with VERGR support before being escalated to your card issuer.

10. Paid Live Streams

10.1 What a Paid Stream is. A broadcasting User may set a price for access to a live broadcast. A viewer obtains access either by a one-off purchase of that broadcast, or through an active creator membership with that User where the creator has included Paid Streams in the membership. Access is to the live broadcast only; it does not convey any ownership of, or licence to redistribute, the Content.

10.2 Creator responsibilities. A creator offering a Paid Stream is responsible for (a) accurately describing what the broadcast will contain before a viewer pays; (b) actually delivering the broadcast at or around the stated time; (c) ensuring the Content complies with the Acceptable Use Policy; and (d) complying with all applicable laws, including any tax obligations arising from their earnings.

10.3 Content standards. A Paid Stream is a broadcast to an audience, and the Broadcast Content Standards in Section 2 of the Acceptable Use Policy apply to it in the same way they apply to a free public stream. Charging for entry does not change which standards apply to a broadcast. VERGR moderates Paid Streams on the same basis as free ones, and the Universal Prohibitions in Section 1 of that policy apply to every part of the Service without exception.

10.4 Pricing and revenue share. The creator sets the price in Coins, and the price is shown to the viewer before purchase. The sale is made by VERGR as principal. VERGR pays the creator their Revenue Share Rate of the amount received, in accordance with Section 11. No separate platform fee is deducted on top of that rate.

10.5 Refunds. If a Paid Stream is cancelled or does not take place, the purchase is refunded in full under Section 9.4. Dissatisfaction with a broadcast that did take place is not a ground for refund, save where required by applicable consumer-protection law.

10.6 Reporting. A viewer may report a Paid Stream at any time from within the broadcast, including while it is live. Reports are routed to VERGR's moderation team and are actioned on the same basis as reports about free Content.

10A. 1:1 Sessions

10A.1 What a 1:1 Session is. A 1:1 Session is a private live session between exactly two Users. It is reachable only through a link the host sends directly to the person they are inviting, it is limited by the Service to a single viewer, and it does not appear in search, discovery, recommendations, or any public listing. The host may make entry free or set a price in Coins.

10A.2 Both participants must be adults. Every Vergr Account holder is 18 or over, and a 1:1 Session is available only between Account holders. A host who has any reason to believe the other participant is under 18 must end the session immediately and report it.

10A.3 Universal Prohibitions apply. Section 1 of the Acceptable Use Policy applies to a 1:1 Session exactly as it applies everywhere else on the Service, without exception and regardless of whether entry was paid. That includes, without limitation, any content involving a minor, intimate imagery of a person who has not consented to it being shown or distributed, recording or capturing another participant without their consent, coercion, and the offering or arranging of in-person sexual services, prostitution, or any form of human trafficking.

10A.4 Consent to record. Neither participant may record, screen-capture, stream onward, or otherwise reproduce a 1:1 Session without the other participant's express consent. Doing so is a material breach of these Terms and may also be a criminal offence in the participant's jurisdiction.

10A.5 Reporting. Either participant may report a 1:1 Session, or the other participant, at any time from inside the session itself, including while it is running. Reports go to VERGR's moderation team. A report may be made whether or not money changed hands, and a host who has been paid has no right to prevent, discourage, or retaliate against a report.

10A.6 Refunds. If a paid 1:1 Session does not take place, the purchase is refunded in full under Section 9.4. Where a session is ended early because of a breach of the Acceptable Use Policy by the host, VERGR may refund the participant and withhold the corresponding earnings.

11. Creator Revenue Share Agreement

11.1 The relationship between you and VERGR. This Section is the agreement under which VERGR pays you for content and services you supply through the Service. It applies to you whenever you earn through the Service, and it takes precedence over any other description of monetisation in these Terms. You supply content and services to VERGR. VERGR sells access to that content and to related features to other Users as principal, in its own name and on its own account. A User who buys Coins buys them from VERGR, and a User who spends Coins in the Service is paying VERGR. VERGR owes you a share of the revenue that your content and services generate, calculated and paid under this Section. VERGR does not hold, transmit, or transfer money on your behalf, does not act as your agent in any sale, and does not receive money from any User for your account. You are an independent supplier and not an employee, worker, partner, joint venturer, or agent of VERGR.

11.2 Your Revenue Share Rate. Your Revenue Share Rate is the percentage of the gross revenue generated by your content that VERGR pays to you. It is determined by the total gross revenue your content has generated over the lifetime of your Account, as follows: fifty percent (50%) from zero; fifty-five percent (55%) from USD 50; sixty percent (60%) from USD 250; sixty-five percent (65%) from USD 1,000; seventy percent (70%) from USD 5,000; seventy-five percent (75%) from USD 15,000; and eighty percent (80%) from USD 50,000. Your rate only ever increases as your lifetime total grows, and reaching a higher rate is permanent for as long as your Account remains in good standing. Your current rate and your progress toward the next are shown in the Service.

11.3 When revenue share accrues, and the absence of any other deduction. Revenue share accrues to you automatically at the moment a User completes a qualifying transaction on your content, at your Revenue Share Rate at that moment. It is recorded in Gems as described in Section 7.4. Your Revenue Share Rate is the only deduction VERGR applies to your earnings. VERGR does not apply a separate platform fee, transaction fee, or payment fee in addition to it, and does not deduct the cost of making a payment to you. A rate increase applies to revenue earned after it takes effect and does not retrospectively change amounts already accrued.

11.4 What generates revenue share. Revenue share accrues on: tips sent to you or to your content; paid memberships to your channel or squad; purchases of access to your locked content and content packs; purchases of access to your paid live streams and 1:1 sessions; purchases of tickets and passes to events you host; sales through your Vergr.me storefront, which is subject to the separate rate published for that feature; and any further monetisation feature VERGR introduces, at the rate published for it. Revenue share does not accrue on Coins spent on Boosts or on other platform features that do not pay a Creator, and it does not accrue on VP, which has no monetary value under Section 7.3.

11.5 Changes to rates. VERGR may change the Revenue Share Rate table in Section 11.2, or the rate published for a particular feature, on not less than thirty (30) days' written notice to you through the Service or by email. A change never applies retrospectively to revenue already accrued. If you do not accept a change, your remedy is to stop supplying content and to close your Account under Section 8.13, and any amount already accrued to you remains payable.

11.6 Your obligations. You must: supply content you are entitled to supply and that complies with the Acceptable Use Policy; provide accurate identity, tax, and payout information and keep it current; not solicit or accept payment from a User outside the Service for content or access that is offered through the Service, which is a circumvention of this agreement and a Strike under Section 8.8; not operate more than one Account in order to reach a higher Revenue Share Rate; and comply with all laws applicable to you, including tax, social security, and any licensing or registration requirement in your jurisdiction.

11.7 Tips. A tip is a payment by a User to VERGR for a named, priced feature associated with your content, including on-stream acknowledgement of the sending User and the display of their message and any associated animation. VERGR pays you your Revenue Share Rate of the amount received. A tip is not a gift or a transfer of money from one User to another, and no User transfers money to any other User through the Service.

11.8 Boosts. A Boost is a fifty-coin (50 Coin) platform-driven amplification of a live stream that increases the stream's visibility in discovery feeds, makes it eligible for push notifications, and biases its surfacing toward Users likely to engage. Boosts are required for free-tier creators to launch a public stream once they have at least one hundred (100) followers, and are optional for paid-tier creators. The first fifty (50) Coins of tips received during a Boosted stream refund the Boost cost. Boost behaviour and parameters may be tuned by VERGR. A Boost is a purchase of a platform service by you and does not generate revenue share for any Creator.

11.9 No employment. Nothing in these Terms or in the creator-monetisation features creates an employment, agency, partnership, joint-venture, or franchise relationship between you and VERGR. You control how, when, and whether you produce content. You are responsible for your own tax, social-security, insurance, and licensing obligations, and for any equipment, connectivity, or software you use.

11.10 Creator quests. Quests award VP only, never Coins and never revenue share. VP are non-withdrawable and have no monetary value, as set out in Section 7.3.

11.11 Records. VERGR maintains records of the revenue your content generates, the rate applied, the amounts accrued, and the amounts paid, and makes them available to you as statements under Section 8.7. If you believe a statement is wrong, you may raise it with VERGR within ninety (90) days of the statement date and VERGR will investigate and correct any error it finds.

11.12 Termination of this agreement. Either party may end this agreement at any time: you by closing your Account or by ceasing to supply content, and VERGR by giving notice or by terminating your Account under Section 21. Amounts accrued to you before termination remain payable under Section 8.13, except where they are forfeited on termination for cause. Sections 8.9, 11.6, 11.11, and any provision that by its nature should survive, survive termination.

12. User Content

12.1 Ownership. You retain all ownership rights in the Content you submit to the Service. VERGR does not claim ownership of your Content.

12.2 Licence to VERGR. You grant VERGR a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, cache, copy, reproduce, modify (only for technical purposes such as transcoding, resizing, and watermarking), display, perform, publish, distribute, translate, and create derivative works of your Content for the purposes of operating, providing, promoting, and improving the Service, including its marketing materials, in any medium now known or later developed. This licence continues for as long as your Content remains on the Service; on deletion of Content by you, VERGR will take reasonable steps to remove that Content from public-facing surfaces but may retain copies in backups and logs for a reasonable period.

12.3 Promotional use. The licence in Section 12.2 includes a right for VERGR to feature public Content (live streams, clips, posts, highlights) in VERGR-operated promotional channels (social media, advertising, blog posts, in-Service discovery) without further consent, subject to your privacy settings at the time of capture.

12.4 Representations. You represent and warrant that (a) you own or have all necessary rights to your Content; (b) your Content does not infringe any third-party intellectual-property, privacy, publicity, or other right; (c) your Content does not contain material that is defamatory, harassing, sexually explicit involving minors, or otherwise unlawful under any applicable law; and (d) your Content complies with the Acceptable Use Policy (Section 14).

12.5 No obligation to host. VERGR has no obligation to host any particular Content. VERGR may, in its discretion, decline to host, remove, restrict, refuse to surface, age-gate, label, or take other action with respect to any Content for any reason consistent with these Terms and applicable law.

12.6 DMCA / copyright complaints. VERGR responds to notices of alleged copyright infringement in accordance with applicable law, including the United States Digital Millennium Copyright Act ("DMCA") and equivalent legislation in other jurisdictions. To submit a notice of alleged infringement, send a written notice to support@vergr.app that contains: (a) a physical or electronic signature of the rights-holder or authorised agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material that is alleged to be infringing and reasonably sufficient information for VERGR to locate it on the Service (for example, the URL); (d) your contact details (address, telephone, email); (e) a statement that you have a good-faith belief that the use is not authorised; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the rights-holder. Counter-notices may be submitted by the User whose material was removed; VERGR will follow the counter-notice procedures provided under the DMCA. Repeat infringers will have their Accounts terminated.

13. Live Streaming

13.1 Eligibility. Live streaming on public surfaces requires a minimum follower count (currently one hundred (100) followers) for free-tier users plus the Boost charge described in Section 11.3. Paid tiers may stream public without the follower gate. Squad-only voice and video streaming is available to all Users.

13.2 Streaming quality. Maximum stream rendition is determined by your subscription tier (free: 480p at 30 frames per second; Lite: 720p at 60 frames per second; Pro: 1080p at 60 frames per second). VERGR may adjust these limits.

13.3 Content rules. Live streams are subject to all content rules in Section 12 and the Acceptable Use Policy. Sexual content, illegal content, content harmful to minors, hate speech, harassment, gambling promotion (other than information about VERGR's skill-based competitions), and other prohibited conduct are not permitted.

13.4 Moderation. VERGR may end, suspend, or restrict streams in real time where they violate these Terms, applicable law, or third-party rights, including in response to reports from Users, automated detection, or manual moderation. Severe or repeated violations may result in account suspension or termination.

13.5 Recording and storage. Live streams may be recorded by VERGR for moderation, dispute, and platform purposes. Recordings of public streams may be retained and used in accordance with the licence in Section 12.2; private streams are retained only as required to operate the Service and per the Privacy Policy.

14. Acceptable Use Policy

14.1 Prohibited conduct. You must not, and must not attempt to:

• violate any law, regulation, or third-party right;
• create, transmit, or store Content that is unlawful, fraudulent, threatening, defamatory, harassing, obscene, sexually explicit involving minors, hate speech, or that depicts or promotes graphic real-world violence, self-harm, or terrorism. Violence depicted in video games is not covered by this restriction;
• impersonate another person or misrepresent your affiliation with any person or entity;
• use the Service to facilitate gambling, betting, lotteries, or chance-based prize draws outside of the skill-based competitions VERGR itself organises;
• use the Service to launder money, finance terrorism, evade sanctions, or otherwise process the proceeds of crime;
• exploit bugs, use unauthorised third-party software, scripts, bots, or automation to manipulate engagement metrics, the economy, or any other part of the Service;
• organise, advertise, solicit, or settle any gambling, betting, wagering, or staking arrangement through the Service, whether between Users or with third parties;
• manipulate, falsify, or attempt to influence match-result reporting, including reporting false outcomes;
• engage in real-money trading of Coins, VP, Gems, Accounts, or in-Service items outside the in-Service mechanisms in these Terms;
• create or use multiple Accounts to evade restrictions, gain unfair advantages, manipulate the economy, abuse promotional offers, or evade fees;
• access another User's Account without authorisation, or share your Account credentials with another person;
• use the Service to send unsolicited bulk communications ("spam"), to phish, or to deliver malware;
• circumvent geographic restrictions by means of a virtual private network, proxy, anonymisation service, false declaration of residence, or similar method;
• reverse engineer, decompile, disassemble, or attempt to extract source code from the Service, except as permitted by applicable law;
• remove, alter, or obscure any proprietary notice on the Service or in VERGR Content;
• interfere with the Service or any related infrastructure, including by uploading viruses, performing denial-of-service or distributed-denial-of-service attacks, port-scanning, vulnerability-scanning, load-testing, or stress-testing without VERGR's prior written authorisation;
• use automated means (scrapers, crawlers, harvesters) to extract data from the Service except in accordance with VERGR's API documentation and any applicable rate limits;
• use the Service in any way intended to harm or defraud another User.

14.2 Enforcement. Violations of this Section 14 are material breaches of these Terms. VERGR may, in its discretion and consistent with applicable law, remove offending Content, restrict features of an Account, suspend an Account temporarily, terminate an Account permanently, forfeit balances, withhold pending payouts, and refer matters to law enforcement. In appropriate cases VERGR will pursue civil and criminal remedies.

15. Reports, Investigations, and Moderation

15.1 Reporting. You may report Content, Accounts, or conduct that you believe violates these Terms by using the in-Service reporting tools or by writing to support@vergr.app.

15.2 Investigations. VERGR may investigate reports, suspected violations of these Terms, or suspected unlawful conduct, including by reviewing Content, Account records, IP addresses, device identifiers, Wallet activity, communications metadata, and other available data. We will cooperate with law enforcement and respond to lawful requests in accordance with applicable law and our Privacy Policy.

15.3 Moderation outcomes. VERGR may, without prior notice, remove or restrict Content; restrict features available to an Account; require additional verification; suspend an Account temporarily; terminate an Account permanently; or take other proportionate action. Where lawful and appropriate we will notify the affected User of the action and the reason. An Account-holder who believes a moderation decision was made in error may appeal by writing to support@vergr.app.

16. Third-Party Services

16.1 Integrations. The Service integrates with third-party services including but not limited to Steam (Valve Corporation), Discord, Twitch, YouTube, Battle.net, Riot Games, Epic Games Services, Xbox Live (via OpenXBL), Didit (Identity Verification), a third-party payment processor (cryptocurrency payments and payouts), Cloudflare, Google Firebase, and Hetzner. Use of those integrations is subject to the third party's own terms and privacy policies, in addition to these Terms.

16.2 No endorsement. References to third-party services within the Service are not endorsements. VERGR does not control and is not responsible for the conduct of third-party services or content available through them.

16.3 Disconnection. You may disconnect a linked third-party service from your Account at any time in your Account settings, subject to any consequences described in the in-Service flow (for example, your stats from that platform no longer appearing on your profile).

17. Fees and Pricing

17.1 Coin pack pricing. Coin packs are priced in the local currency of the payment processor at the time of purchase. The Service maintains a minimum per-Coin price floor (the "Economy Floor") that may be revised by VERGR with notice. Prices shown at checkout are inclusive of any sales tax or VAT charged by the processor.

17.2 Subscriptions. Lite and Pro subscriptions are priced at the rates published in the in-Service subscription flow. Prices may be revised by VERGR with at least thirty (30) days' notice to active subscribers, who may cancel before the change takes effect.

17.3 What VERGR earns. VERGR sells Coins and in-Service features to Users as principal and pays Creators a share of the revenue their content generates. VERGR's earnings are the difference between the two. A Creator's Revenue Share Rate is between fifty percent (50%) and eighty percent (80%) depending on their lifetime earnings, as set out in Section 11.2, and it is the only deduction applied to Creator earnings. VERGR does not charge a separate tip fee, sale fee, or payment fee in addition to that rate. Sales through a Vergr.me storefront are subject to the separate rate published for that feature. These rates may be revised in accordance with Section 11.5.

17.4 Network fees. Cryptocurrency network fees on payouts are paid by the receiver, as set out in Section 8.6.

17.5 Currency. Prices are quoted in euros (€) for marketing purposes; charges at checkout are levied in the currency presented by the payment processor for your region.

18. Privacy

18.1 Privacy Policy. Our processing of personal data is described in the Privacy Policy at /privacy. The Privacy Policy is incorporated into and forms part of these Terms.

18.2 Identity Verification provider. Identity Verification is performed by Didit. Didit receives the documents and selfie you submit, processes the verification, and returns the result to VERGR. Didit retains the verification record under its own policy; VERGR stores only the result and the verification reference.

18.3 Communications. We may send you Service-related notices, security alerts, and administrative messages. Marketing communications may be sent only where lawful and may be opted out of through your Account settings.

19. Service Availability and Changes

19.1 No availability guarantee. The Service is provided strictly on an "AS IS" and "AS AVAILABLE" basis. VERGR makes no representation or warranty, express or implied, that the Service will be uninterrupted, error-free, secure, free of viruses or other harmful components, accurate, timely, or that any particular feature will be available at any particular time, in any particular jurisdiction, or to any particular User.

19.2 Maintenance and outages. VERGR may take all or part of the Service offline for scheduled or emergency maintenance, security incidents, infrastructure failures, third-party-provider outages, or any other operational reason, in each case without prior notice and without compensation to you.

19.3 Modification and discontinuation. VERGR may add, remove, modify, restrict, suspend, or discontinue the Service or any feature of it at any time, in any jurisdiction or in all jurisdictions, with or without prior notice and with or without cause, in its sole and absolute discretion. Without limiting the foregoing, VERGR may make such changes in response to (a) changes in applicable law or regulation in any jurisdiction; (b) directions or guidance from regulators, payment processors, infrastructure providers, app stores, or other third parties; (c) commercial considerations; (d) abuse, fraud, or security incidents; or (e) any other reason VERGR considers appropriate.

19.4 Geographic suspension. Without limiting Section 19.3, VERGR may suspend or terminate the Service for Users located in any particular jurisdiction at any time, in response to changes in local law, regulator action, or VERGR's own risk assessment, in each case without prior notice. Where this occurs, eligible Gem balances at the time of suspension will be handled in accordance with Section 7.7 and Section 8.

19.5 No liability for unavailability. To the maximum extent permitted by applicable law, VERGR shall not be liable to you or any third party for any unavailability, suspension, modification, or discontinuation of the Service or any feature of it, regardless of the reason and regardless of the duration. The VERGR Parties' obligation in this regard is limited to acting in good faith.

20. Disclaimers

20.1 NO WARRANTIES. To the MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERGR AND THE VERGR PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, whether express, implied, statutory, or otherwise, in respect of the Service, including without limitation any implied warranty or condition of merchantability, fitness for a particular purpose, satisfactory quality, title, accuracy, non-infringement, security, availability, uninterrupted operation, freedom from errors, freedom from viruses or harmful components, and any warranty or condition arising from course of dealing, course of performance, or usage of trade.

20.2 NO WARRANTY OF LAWFULNESS IN YOUR JURISDICTION. Without limiting Section 20.1, VERGR MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE, OR ANY FEATURE OF IT, IS LAWFUL IN ANY PARTICULAR JURISDICTION. The lawfulness of your use of the Service depends on the laws of your jurisdiction and your personal circumstances; YOU are responsible for determining this and complying with applicable law (see Section 4A.2).

20.3 Reliance is at your own risk. Any reliance you place on any Content, advice, recommendation, statistic, leaderboard, rating, valuation, projection, or information available through the Service is at your own risk. VERGR does not guarantee the accuracy, completeness, currency, or reliability of any User-submitted Content, conversion rates, earnings estimates, or any other information on the Service.

20.4 Statutory rights. Nothing in these Terms excludes or limits any warranty, condition, or right that may not be excluded or limited under mandatory applicable consumer-protection law in your jurisdiction. Those rights apply to you despite these Terms, but only to the minimum extent required by law.

21. Suspension and Termination

21.1 Termination by you. You may close your Account at any time from your Account settings or by writing to support@vergr.app. Closure takes effect within a reasonable time. The consequences of closure are described in Section 7.7.

21.2 Termination by VERGR for convenience. VERGR may terminate your access to the Service for any reason on thirty (30) days' notice, except where these Terms or applicable law permit immediate termination for cause. On termination for convenience, eligible Gem balances at termination will be paid out in accordance with Section 8.

21.3 Termination by VERGR for cause. VERGR may suspend or terminate your Account immediately and without prior notice if (a) you materially breach these Terms or the Acceptable Use Policy; (b) you initiate a chargeback or successful payment dispute in bad faith; (c) you fail Identity Verification or cannot provide additional KYC documents we reasonably require; (d) you are or become a Restricted Person under Section 4.4; (e) your activity exposes VERGR or other Users to risk of loss, regulatory action, or reputational harm; or (f) we are required to do so by court order, regulator, or applicable law.

21.4 Effect of termination. On termination, your access to the Service ends; your right to use Coins, VP, and Gems lapses except as expressly preserved by Section 7.7; the licence in Section 12.2 survives in respect of Content already published; and any provisions of these Terms that by their nature should survive termination (including Sections 7.1, 8.8, 12.2, 14, 22, 23, 25, 26, 27, and 28) shall survive.

22. Limitation of Liability

22.1 Excluded damages. To the MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will VERGR, Vergr LLC, its founder Damien Ashton, and each of their respective directors, officers, employees, agents, affiliates, contractors, developers, licensors, and successors (collectively, the "VERGR Parties") be liable to you or any third party for any indirect, incidental, special, consequential, punitive, exemplary, aggravated, or vindictive damages of any kind whatsoever, including without limitation damages for loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of reputation, loss of data, loss of cryptocurrency or virtual currency, loss of use, business interruption, regulatory fines or penalties imposed on you, tax liabilities, or any other intangible loss, arising out of or in any way related to (i) your access to or use of, or inability to access or use, the Service; (ii) any conduct or content of another User or third party on the Service; (iii) any unauthorised access to or alteration of your transmissions or content; (iv) any action or inaction by a third-party payment, identity-verification, or infrastructure provider; (v) any regulatory action taken against you in your jurisdiction; or (vi) any other matter relating to the Service — even if VERGR has been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

22.2 Hard cap on liability. To the maximum extent permitted by applicable law, the TOTAL CUMULATIVE AGGREGATE LIABILITY of the VERGR Parties to you for any and all claims, whether in contract, tort (including negligence), strict liability, statute, or any other theory of liability, arising out of or in connection with these Terms or your use of the Service will NOT EXCEED THE LESSER of (a) the total amount paid by you to VERGR in the three (3) months immediately preceding the event giving rise to the claim, and (b) one hundred euros (€100). This cap is per claimant in aggregate across all claims, not per claim.

22.3 Statutory rights. Nothing in this Section 22 excludes or limits any liability that cannot be excluded or limited under applicable law (for example, liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability whose exclusion is prohibited by mandatory consumer-protection law in your jurisdiction). To the extent any such law applies, the limitations in this Section 22 apply to the maximum extent permitted by that law.

22.4 Allocation of risk. You acknowledge and agree that the limitations in this Section 22 are a fundamental basis of the bargain between you and VERGR, that VERGR would not provide the Service to you without these limitations, that the price you pay (if any) reflects this allocation of risk, and that you have had a reasonable opportunity to consult independent advice before accepting these Terms.

22.5 No liability for third-party processors. The Service relies on third-party processors and infrastructure providers (including without limitation our payment processor, Didit, Google Firebase, Cloudflare, Hetzner Online GmbH, and any of their successors or replacements). VERGR is not responsible for, and the VERGR Parties shall have no liability arising from, any act, omission, decision, delay, freeze, reversal, decline, or termination by any such third party. Where such a third party affects your transaction or your access to the Service, your sole and exclusive remedy is to pursue any rights you may have against that third party directly.

22.6 No liability for regulatory action affecting you. If a regulator, court, or other authority in your jurisdiction takes any action affecting your ability to use the Service or affecting your funds, balances, or activity on the Service, that action is not VERGR's responsibility, and the VERGR Parties shall have no liability to you arising from it. You acknowledge that the regulatory landscape for competitive gaming, virtual currencies, and cryptocurrency varies by jurisdiction and is your responsibility to monitor.

22A. No Professional Advice

The Service, including without limitation any content, communication, recommendation, ranking, tip, leaderboard, statistic, valuation, conversion rate, projection, or other information made available to you on or through the Service, is provided for INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY and does not constitute legal, financial, investment, tax, accounting, regulatory, medical, psychological, or any other form of professional advice. You should not rely on any such content as a substitute for professional advice in the relevant field. If you require professional advice — including but not limited to advice on whether your use of the Service is lawful in your jurisdiction, advice on the tax treatment of your VERGR activity, advice on the financial implications of receiving creator revenue share, or advice on any other matter — you must consult an appropriately qualified professional in your jurisdiction at your own expense. The VERGR Parties disclaim any and all liability arising from your reliance on Service content as advice.

23. Indemnification

23.1 Your indemnity. To the MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, you agree to indemnify, defend, and hold harmless VERGR, Vergr LLC, its founder Damien Ashton, and each of their respective directors, officers, employees, agents, affiliates, contractors, developers, licensors, and successors (the "VERGR Indemnitees") from and against ANY AND ALL claims, demands, actions, proceedings, investigations (whether civil, criminal, regulatory, administrative, or otherwise), losses, judgments, awards, settlements, fines, penalties, liabilities, costs, and expenses (including all reasonable attorneys' fees, expert fees, investigation costs, and disbursements) of any kind arising out of, related to, or in connection with:

• your access to, use of, or inability to use the Service;
• any Content you submit, post, transmit, upload, or make available through the Service;
• your violation or alleged violation of these Terms, the Privacy Policy, the Acceptable Use Policy, the Cookie Policy, or any other policy of VERGR;
• your violation or alleged violation of any applicable law, regulation, or ordinance in any jurisdiction (including without limitation any gambling, gaming, virtual-currency, cryptocurrency, anti-money-laundering, tax, consumer-protection, or competition law);
• your infringement or alleged infringement of any intellectual-property, privacy, publicity, contract, or other right of any third party;
• any dispute, controversy, or claim between you and any other User of the Service, including without limitation payment disputes, tip disputes, content disputes, and harassment claims;
• any tax, duty, levy, charge, or other governmental imposition arising from your activity on the Service in any jurisdiction;
• any chargeback, payment dispute, or reversal initiated by you against any purchase made through the Service;
• any circumvention or attempted circumvention by you of the Service's geographic, age, identity-verification, or other access controls (including without limitation use of a VPN, proxy, or false declaration of residence);
• any fraud, misrepresentation, or willful misconduct by you in connection with the Service;
• any regulatory inquiry, investigation, or action commenced against any VERGR Indemnitee by reason of your activity, your jurisdiction, or your conduct.

23.2 Defence. The VERGR Indemnitees may, at their option and at your expense, assume exclusive defence and control of any matter for which you are required to indemnify them; in that case, you agree to cooperate fully with their defence. You may not settle any claim affecting a VERGR Indemnitee without that Indemnitee's prior written consent. The VERGR Indemnitees may, at their option, decline to assume defence and require you to defend the matter at your own expense using counsel reasonably acceptable to the affected Indemnitee.

23.3 Survival. This Section 23 survives the termination of these Terms and your Account indefinitely with respect to events that occurred during your use of the Service.

23.4 No contribution from VERGR. You agree that the VERGR Indemnitees shall not be required to contribute to any settlement, judgment, or other payment for which you are required to indemnify them, even if the underlying claim alleges joint or concurrent fault.

24. Force Majeure

VERGR is not liable for any failure or delay in performing its obligations under these Terms to the extent the failure or delay is caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics or other public-health emergencies, war, civil disturbance, terrorism, government action, labour disputes, electrical or telecommunications outages, internet failures, distributed-denial-of-service attacks, or failures of third-party services on which the Service depends.

25. General

25.1 Entire agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and VERGR with respect to the Service and supersede all prior agreements between you and VERGR.

25.2 No waiver. Failure by VERGR to enforce any provision of these Terms is not a waiver of that provision or any other provision.

25.3 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

25.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without VERGR's prior written consent. VERGR may assign these Terms in its sole discretion, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this Section 25.4 is void.

25.5 Notices. Notices to you may be given by email to the address associated with your Account, by in-Service notice, or by posting on the Service. Notices to VERGR must be sent to support@vergr.app.

25.6 No third-party beneficiaries. These Terms confer no rights on any third party, except as expressly stated.

25.7 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and VERGR.

25.8 Headings. Headings are for convenience only and do not affect interpretation.

25.9 Language. These Terms are written in English. Where VERGR provides translations of these Terms, those translations are for convenience only and the English version controls in the event of a conflict.

26. Dispute Resolution and Binding Arbitration

26.1 Informal resolution. You and VERGR agree to attempt to resolve any dispute informally before commencing formal proceedings. Before commencing arbitration, you must send a written notice of dispute to support@vergr.app describing the nature of the dispute and the relief sought. VERGR will attempt to resolve the dispute by responding within sixty (60) days. If the dispute is not resolved within sixty (60) days of the notice, either party may commence arbitration.

26.2 Arbitration. Any dispute, controversy, or claim arising out of or in connection with these Terms or the Service, including any question regarding their existence, validity, or termination, that is not resolved informally under Section 26.1, will be referred to and finally resolved by binding arbitration under the rules of the Arbitration Foundation of Southern Africa ("AFSA"), seated in Johannesburg, Republic of South Africa, by one or more arbitrators appointed in accordance with those rules.

26.3 Class-action waiver. You and VERGR agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and VERGR otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not preside over any form of representative or class proceeding.

26.4 Exceptions to arbitration. Either party may bring (a) a claim in small-claims court if eligible; (b) an action in any court of competent jurisdiction for injunctive or other equitable relief in respect of intellectual-property infringement, breach of confidentiality, or other matter in which damages are an inadequate remedy.

26.5 Costs and fees. The parties will bear their own costs of arbitration except as the arbitrator may determine; where required by applicable law, VERGR will pay arbitration filing fees that exceed those that would be payable in court.

27. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to its conflict-of-laws rules. Subject to Section 26, the courts of Johannesburg, Republic of South Africa, have exclusive jurisdiction over any dispute that is not subject to arbitration. Nothing in these Terms deprives you of the protection of mandatory consumer-protection laws of your country of residence where you are entitled to those protections under applicable law.

28. Contact

If you have questions about these Terms, please contact us:

• Email (legal): support@vergr.app
• Email (support): support@vergr.app
• Email (privacy): support@vergr.app
• Registered address: Vergr LLC, 212 N. 2nd St, Ste 100, Richmond, KY 40475, United States