Community Payment Guidelines of the ivana App Service

These supplemental terms apply if you post or share any videos or other content containing music on any ivana Technologies UG Product.

Last updated: 4 October 2022

We have provided some section headers for your convenience, but you should carefully read through these Payments Terms in order to understand your rights and responsibilities, as well as ours. When you make payments through the ivana technologies UF Products, you agree that we may communicate with you electronically any important information regarding your payments or your account.

1) Making payments

  • Payment credentials. When you make a payment through the ivana technologies UG Products, you agree to provide a valid payment credential. When you have successfully added your payment credential, we will allow you to initiate a transaction using the payments features through the ivana technolgies UG Products.
  • Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees and delivery costs, all of which you are responsible for paying.Extra terms.You may be presented with additional terms related to a specific payment before you confirm the transaction (such as delivery terms for tangible goods). Those additional terms will also govern that transaction.
  • Foreign exchange. If your transaction requires a currency exchange, we will use foreign exchange rates provided by one or more external vendors. We aim to upload files from our vendors with the current exchange rates into our system on a daily basis. However, these processes could be delayed or fail for any number of reasons. If this happens, the foreign exchange rates used will be the ones from the last file received, typically, the ones from the previous day.
  • Subscriptions. If you purchase a subscription to an app or to a feature within an app, we will bill your payment credential immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through payments features through the ivana technologies UG Products:
    • - If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.
    - You can cancel subscriptions at any time on your Account settings page.
    - If you cancel a subscription, you will still have access to the app or feature that you subscribed to through the end of the subscription period. If an app or feature that you subscribed to becomes unavailable during your subscription, you will not be billed at the beginning of the next subscription period.
  • Person-to-person transfers. Person-to-person transfer of funds ('P2P') may be made available at our sole discretion. If you use P2P in the Messenger service, you consent to the following terms:
    • - You may not use P2P if you are under the age of 18.\n- We may require that you provide more information in order to complete a transaction
    - P2P is not intended to be used for business, commercial or merchant transactions and such use may be discontinued without notice by us at any time. We may reverse or place a hold on your transactions or place funds in reserve if evidence of business, commercial or merchant use is discovered.
    - If you receive and accept a P2P transfer, you are liable to us for not only the payment, but also any third-party fees that may result from a later invalidation of that payment for any reason, including, without limitation, if you lose a claim or a chargeback, or if the payment is reversed. We reserve the right to charge your payment credential or take any other legal action to collect the funds to the full extent allowed by applicable law.
    - Use of P2P may subject you to fees including, without limitation, those from third parties, such as reversal charges or other fees for insufficient funds if your attempted payment is rejected.
    - P2P must be used in compliance with applicable law and may not be used in connection with any illegal or illicit transaction. In addition, payments relating to the following activities are prohibited regardless of whether the activity is illegal in your location:
    (a) weapons, ammunitions or explosives; and
    (b) gambling, games of skill, lotteries, raffles or fantasy sports. If illegal, illicit or otherwise prohibited transactions are reported or discovered, we reserve the right to take action including, without limitation, the following, without notice to you: place a hold on your transactions; place your funds in reserve; limit your ability to use payments features through the ivana technologies UG Products; report the activity to authorities; or deactivate your account entirely.
    - P2P use is at your sole risk and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender. Disputes regarding funds are between you and the sender of a payment. If a sender files a claim for a chargeback after a P2P transaction, we are not responsible for determining the veracity of claims or the disposition of the payment.
  • No warranties. You acknowledge that any products or services you may purchase are sold by merchants, not by us. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE ivana technologies UG PRODUCTS.

    • 2) Payment Methods
  • Payment credentials. For your convenience, we allow you to fund your transactions using a number of different sources, such as credit cards and debit cards, ivana Gift Cards and other payment methods.
  • Authority. When you provide a payment credential to us, you confirm that you are permitted to use that payment credential. When you fund a transaction, you authorise us (and our designated payment processor) to charge the full amount to the payment credential that you designate for the transaction. You also authorise us to collect and store that payment credential, along with other related transaction information. We may also use certain payment card updater services, whose availability varies by issuer, to ensure that we have the most up-to-date information about payment credentials that we store.
  • Authorisation. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your payment. Your card will be charged at the time that you initiate a payment, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
  • Failed payments. If your transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
  • Incompatibility. You may at some point encounter an app or feature that does not support the payment method you would prefer to use; however, you can select a different type of payment instrument (such as credit or debit card, or mobile operator billing).

    • 3) Actions we may take
  • At-will use. We may revoke your eligibility to make payments through the ivana technologies UG Products at any time at our sole discretion
  • Enquiries. By using payments features through the ivana technologies UG Products, you acknowledge and agree that we may make any enquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
  • Our right to cancel. We may cancel any transaction if we believe that the transaction violates these Payments Terms or the General Terms or if we believe that doing so may prevent financial loss. We may also cancel any Gift Card Balance or Advertiser Balance accumulated, transferred, assigned or sold as a result of fraudulent or illegal behaviour.
  • Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit payment credentials for a transaction, or limit your ability to make a payment, or deactivate your account.
  • Sharing of information. In order to prevent financial loss to you or to us, we may contact your payment credential issuer, law enforcement or affected third parties (including other users) and share details of any payments that you are associated with, if we believe that doing so may prevent financial loss or a violation of law.
  • Foreign exchange. If your transaction requires a currency exchange, we will use foreign exchange rates provided by one or more external vendors. We aim to upload files from our vendors with the current exchange rates into our system on a daily basis. However, these processes could be delayed or fail for any number of reasons. If this happens, the foreign exchange rates used will be the ones from the last file received, typically, the ones from the previous day.

    • 4) Disputes and reversals
  • Customer assistance. Subject to Sections 4.2, 4.3, 4.4, and 4.5 below, we provide various tools you can refer to when contacting info@ivana.tech to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.

    • 4.1 No liability for underlying transaction. If you enter into a transaction with a third party and have a dispute over the goods or services that you purchased or over the donation that you made, we have no liability for the goods or services underlying the transaction or for how the third party used your donation. Our only responsibility is to handle your payment transaction. All payments are final unless otherwise required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your payment.
    4.2 Fraud warning. Use of Ivana Payments to perform fraudulent transactions may result in the loss of funds with no recourse. See Section 6 below for the state specific fraud notices.
    4.3 Duty to notify us. If you believe that an unauthorised or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
    4.4 Intervention. We may intervene in disputes concerning payments that may arise between you and a developer, but we have no obligation to do so.
    4.5 Technical difficulties. If you experience a technical failure or interruption of service that causes your payment to fail, you may request that your transaction be completed at a later time.

    5) Notices and amendments to these Payments Terms
  • Notice to you. By using payments features through the Ivana technologies Products, you agree that we may communicate with you electronically any important information regarding your payments or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by post shall be considered received within three (3) working days of the time sent.
  • Notice to us. Except as otherwise stated, you must send notices to us relating to payments through the ivana technologies UG Products and these Payments Terms by post to:
    Ivana technologies UG (haftungsbeschränkt)
    Panoramatraße 143
    69126 Heidelberg
    Germany
  • Amendment guidelines. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time that you confirm a transaction will govern that transaction.


    • 6) Additional Terms
  • Terms of Service and conflict of terms. Our General Terms apply to your use of payments features through the ivana technologies UG Products. In the event of any conflict between these Payments Terms and the General Terms, the Payments Terms shall prevail.
  • Conflict of laws. Some countries may restrict or prohibit your ability to make payments through the ivana technologies UG Products. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.
  • Courtesy translations. These Payments Terms were written in English (US). To the extent that any translated version of these Payments Terms conflicts with the English version, the English version controls.
  • Trade sanctions. You must not use payments features through the ivana technologies UG Products in connection with activities, individuals or entities that are located in a country or region that is embargoed by the United States or that would otherwise violate applicable US or non-US trade sanctions.
  • 'Ivana technolgies UG-Processed Payments'. As used in these Payments Terms, refers to payments done via the ivana App through Apple Pay."

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