2.1 Platform

"Platform" means the ClapCall website, mobile application, and all related services provided by Quickly Multipurpose Pvt. Ltd.

2.2 Content Creators

"Content Creator" or "Creator" means registered users who offer personalized video messages, voice calls, or video calls to Fans in exchange for compensation.

2.3 Fans

"Fan" means a registered user who requests and purchases personalized video messages, voice calls, or video calls from Content Creators.

2.4 Services

"Services" include:

• Personalized Video Messages: Pre-recorded custom video messages created by Creators for Fans
• Voice Calls: Live audio conversations between Creators and Fans
• Video Calls: Live video conversations between Creators and Fans

2.5 Wallet

"Wallet" means the digital account within the Platform where users store funds for purchasing Services.

2.6 Content

"Content" means all text, images, videos, audio, messages, profiles, reviews, and any other materials uploaded to or transmitted through the Platform.

2.7 Referral Program

"Referral Program" means the system through which users can earn commissions by referring Content Creators who generate revenue on the Platform.

3.1 Age Requirement

You must be at least 18 years old to use ClapCall. By using the Platform, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• Your use of the Platform does not violate any applicable law

3.2 Geographic Restrictions

The Platform is available globally, subject to:

• Compliance with local laws and regulations
• Payment processing availability in your jurisdiction
• Any embargoes or restrictions imposed by applicable law

3.3 Prohibited Users

You may not use ClapCall if:

• You have been previously banned or suspended from the Platform
• You are located in a country subject to a U.S. government embargo
• You are listed on any U.S. government list of prohibited or restricted parties
• You have violated these Terms in the past

4.1 Account Creation

To use ClapCall, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Use a valid email address and phone number
• Choose a strong password and keep it confidential
• Notify us immediately of any unauthorized use of your account

4.2 Account Types

ClapCall offers two types of accounts:

• Fan Account: Allows you to browse Content Creators, purchase video messages, and book voice/video calls
• Content Creator Account: Allows you to create a public profile, set pricing for your services, and earn revenue from Fans

Users may hold both account types but must maintain separate profiles for each.

4.3 Account Security

You are responsible for:

• All activities that occur under your account
• Maintaining the security and confidentiality of your login credentials
• Any content posted through your account
• Unauthorized access to your account (you must notify us immediately)

4.4 One Account per Person

You may only create one Fan account and one Content Creator account per person. Creating multiple accounts to circumvent restrictions, manipulate reviews, or engage in fraudulent activity is prohibited and may result in account termination.

4.5 Verification

Content Creators must complete a verification process before offering Services. This may include:

• Identity verification (government-issued ID)
• Email and phone number verification
• Payment information verification
• Profile photo and bio approval

5.1 Personalized Video Messages

How It Works:

• Fans browse Creator profiles and select a Creator
• Fans submit a request specifying the occasion, recipient, and any special instructions
• Payment is processed and funds are placed in escrow
• Creators have 7 days to fulfill the request
• Once completed, the video is delivered to the Fan
• If not fulfilled within 7 days, the Fan receives an automatic refund

Creator Obligations:

• Fulfill requests within 7 days
• Ensure video quality is clear and audible
• Follow the Fan's reasonable instructions
• Do not include prohibited content (see Section 6)

5.2 Voice and Video Calls

How It Works:

• Creators set their availability and per-minute rates
• Fans book calls in advance or request immediate calls (if Creator is available)
• Payment is processed before the call begins
• Calls are facilitated through our secure, end-to-end encrypted system
• Calls are billed per minute; unused minutes are refunded to the Wallet

Call Conduct:

• All calls must comply with our User Conduct Policy (Section 6)
• Either party may end the call at any time
• Recording calls without consent is strictly prohibited
• ClapCall is not responsible for the content of calls

5.3 Platform Features

• Search and Discovery: Browse Creators by category, popularity, price, and ratings
• Favorites: Save your favorite Creators for easy access
• Notifications: Receive updates about orders, messages, and Creator availability
• Reviews and Ratings: Leave and view reviews for Creators (see Section 10)
• Wallet: Manage funds, view transaction history, and request payouts (see Section 8)
• Referral Program: Earn commissions by referring Content Creators (see Section 8.6)

6.1 General Conduct Rules

All users must:

• Treat all users with respect and courtesy
• Comply with all applicable laws and regulations
• Use the Platform only for lawful purposes
• Provide truthful and accurate information
• Respect intellectual property rights

6.2 Prohibited Content

You may not create, upload, transmit, or request Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Promotes violence, terrorism, or illegal activities
• Contains sexually explicit material or pornography
• Exploits or endangers minors in any way
• Infringes on intellectual property rights (copyright, trademark, etc.)
• Contains viruses, malware, or other harmful code
• Impersonates any person or entity
• Contains private or confidential information without authorization
• Promotes discrimination based on race, religion, gender, sexual orientation, disability, or other protected characteristics
• Solicits personal information from minors
• Contains spam, advertising, or promotional material (outside of Creator profiles)

6.3 Prohibited Activities

You may not:

• Use the Platform for any commercial purpose not expressly permitted
• Scrape, harvest, or collect user data without authorization
• Reverse engineer, decompile, or disassemble any part of the Platform
• Interfere with or disrupt the Platform or servers
• Attempt to gain unauthorized access to any account, system, or network
• Use bots, scripts, or automated tools to interact with the Platform
• Create fake accounts or impersonate others
• Manipulate reviews, ratings, or rankings
• Engage in fraudulent activities, including payment fraud
• Circumvent any security features or access controls
• Share your account credentials with others
• Use the Platform to solicit or advertise competing services

6.4 Specific Rules for Content Creators

Content Creators must not:

• Provide contact information to circumvent the Platform (direct payment, off-platform communication)
• Request or accept payment outside of ClapCall
• Discriminate against Fans based on protected characteristics
• Deliver low-quality, rushed, or incomplete video messages
• Fail to fulfill orders within the required timeframe
• Use copyrighted music, images, or other materials without permission
• Engage in self-promotion unrelated to ClapCall services

6.5 Specific Rules for Fans

Fans must not:

• Request inappropriate, offensive, or illegal content
• Harass, threaten, or abuse Content Creators
• Leave fake or malicious reviews
• Attempt to contact Creators outside the Platform
• Share or distribute video messages publicly without the Creator's written consent
• Resell or commercialize video messages

6.6 Reporting Violations

If you encounter content or behavior that violates these Terms:

• Use the "Report" feature within the Platform
• Email us at support@clapcall.com with details
• We will investigate reports and take appropriate action

6.7 Consequences of Violations

Violating these conduct rules may result in:

• Content removal
• Warning or temporary suspension
• Permanent account termination
• Forfeiture of Wallet funds
• Legal action (if applicable)

7.1 ClapCall Intellectual Property

All content on the Platform, including but not limited to:

• Text, graphics, logos, icons, images, audio clips, and software
• The ClapCall name, logo, and trademarks
• The Platform's design, layout, and user interface
• Compilation and organization of content

is owned by or licensed to ClapCall and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, modify, or distribute any ClapCall intellectual property without our express written permission.

7.2 User Content Ownership

Content Creators:

• You retain ownership of all video messages, profile content, and other materials you create
• By uploading content to ClapCall, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your content in connection with operating the Platform
• This license includes the right to use your name, likeness, and profile information for promotional purposes (e.g., featuring your profile on our homepage or social media)

Fans:

• Video messages are for personal, non-commercial use only
• You may not distribute, sell, or publicly display video messages without the Creator's written consent
• Sharing video messages on social media for personal use is permitted, but commercial use is prohibited

7.3 DMCA and Copyright Infringement

ClapCall respects intellectual property rights. If you believe content on the Platform infringes your copyright:

• Send a DMCA takedown notice to support@clapcall.com with the subject line "Copyright Notice"
• Include: (a) description of the copyrighted work, (b) URL of infringing content, (c) your contact information, (d) a statement of good faith belief, (e) your physical or electronic signature
• We will investigate and remove infringing content as appropriate
• Repeat infringers will have their accounts terminated

7.4 Trademark Policy

You may not use ClapCall's trademarks, logos, or branding without our written permission. This includes using our name or logo in a way that implies endorsement or affiliation.

8.1 Pricing and Payment

Content Creators:

• You set your own prices for video messages and calls
• All prices must be listed in USD (or other supported currencies)
• You may change your prices at any time, but changes do not affect pending orders

Fans:

• All payments are processed through our secure payment system
• Accepted payment methods: credit/debit cards, digital wallets (PayPal, Apple Pay, Google Pay), bank transfers
• Prices are displayed clearly before purchase
• All sales are final unless the Creator fails to fulfill the order within 7 days

8.2 ClapCall Commission Structure

ClapCall operates on a commission-based model:

• Creator Earnings: Content Creators receive 80% of the transaction amount
• ClapCall Commission: ClapCall retains 20% to cover platform operations, payment processing, customer support, and maintenance

8.3 Wallet System

For Fans:

• Add funds to your Wallet to purchase Services
• Wallet funds do not expire
• Refunds are credited to your Wallet, not your original payment method
• You may request a Wallet withdrawal at any time (see Section 8.4)

For Content Creators:

• Earnings are deposited into your Wallet after successful order completion
• Funds are held in escrow until the order is marked as complete
• You may request payouts to your bank account or PayPal (see Section 8.5)

8.4 Refund Policy (Fans)

Automatic Refunds:

• If a Creator fails to fulfill a video message order within 7 days, you will receive an automatic refund to your Wallet
• For calls, if a Creator does not join within 5 minutes of the scheduled time, you will receive a full refund

Requested Refunds:

• You may request a refund if the delivered video message does not meet the Creator's stated standards or your reasonable instructions
• Refund requests must be submitted within 48 hours of delivery
• We will review requests on a case-by-case basis
• Refunds are not available for completed calls

Non-Refundable Situations:

• You changed your mind after the Creator fulfilled the order
• The video message meets the Creator's standards and your instructions
• You violated our User Conduct Policy

8.5 Payout Policy (Content Creators)

Payout Schedule:

• Minimum payout threshold: $50
• Payouts are processed within 5-7 business days
• You may request payouts at any time (once you meet the minimum threshold)

Payout Methods:

• Bank transfer (ACH, wire, or local transfer depending on country)
• PayPal
• Other methods as available in your region

Payout Holds:

• We may hold payouts if your account is under investigation for Terms violations
• Disputed orders will have funds held in escrow until resolution
• Tax reporting requirements may delay payouts in certain jurisdictions

8.6 Referral Program

How It Works:

• Users can refer Content Creators to join ClapCall using a unique referral link
• When a referred Creator earns revenue, the referrer receives 5% of ClapCall's 20% commission
• The Creator still receives their full 80% share

Referral Terms:

• Referral commissions are paid for the lifetime of the referred Creator's activity
• Referrers must comply with all applicable advertising and marketing laws
• Self-referrals and fraudulent referrals are prohibited
• We may terminate referral accounts for abuse or policy violations

8.7 Taxes

You are responsible for:

• All taxes associated with your use of ClapCall (income tax, sales tax, VAT, etc.)
• Providing tax documentation (e.g., W-9, W-8BEN) as required
• Reporting earnings to tax authorities

ClapCall may issue tax forms (e.g., 1099-K for U.S. users) as required by law. We are not responsible for tax advice; consult a tax professional.

8.8 Currency and Conversion

All transactions are processed in USD unless otherwise specified. If you use a payment method in a different currency, your bank or payment provider may charge conversion fees.

9.1 End-to-End Encryption

All messages and calls on ClapCall are end-to-end encrypted. This means that only you and the other party can access the content of your communications. ClapCall cannot view, listen to, or access the content of your messages or calls.

9.2 Message Delivery and Storage

• Video messages are stored securely on our servers
• Fans can access their purchased video messages indefinitely
• Creators can delete video messages from their own accounts, but Fans retain access to purchased messages
• We may delete inactive accounts and associated content after 2 years of inactivity

9.3 Call Quality and Technical Issues

• Call quality depends on internet connection and device performance
• ClapCall is not responsible for poor call quality due to user internet or hardware issues
• If a technical issue prevents a call from occurring, we will refund the unused time

9.4 Recording Prohibition

Recording voice or video calls without the other party's explicit consent is strictly prohibited and may be illegal in your jurisdiction. Violations will result in immediate account termination and may lead to legal action.

9.5 Content Responsibility

ClapCall is not responsible for the content of user communications. We do not monitor, review, or moderate messages or calls due to end-to-end encryption. Users are solely responsible for their own conduct and content.

10.1 Review System

After receiving a service, Fans may leave a review and rating (1-5 stars) for the Creator. Reviews must:

• Be based on your actual experience
• Be honest, fair, and constructive
• Comply with our User Conduct Policy (no hate speech, harassment, etc.)
• Not contain personal information (email, phone number, etc.)

10.2 Review Moderation

We reserve the right to remove reviews that:

• Violate our Terms or policies
• Are fake, fraudulent, or posted by bots
• Contain profanity, threats, or harassment
• Are irrelevant to the service provided

10.3 Review Manipulation

The following activities are strictly prohibited:

• Posting fake reviews
• Paying for positive reviews
• Threatening or incentivizing Fans to leave favorable reviews
• Creating multiple accounts to post reviews
• Review bombing or coordinated negative reviews

10.4 Creator Responses

Creators may respond to reviews publicly. Responses must be professional and respectful; harassment or retaliation is prohibited.

11.1 Platform Provided "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantees

ClapCall does not guarantee:

• Uninterrupted, secure, or error-free access to the Platform
• The quality, accuracy, or reliability of user content
• That defects will be corrected
• That the Platform is free of viruses or harmful components
• Any specific results from using the Platform

11.3 Third-Party Interactions

ClapCall is not responsible for disputes, damages, or issues arising from interactions between users. We are a platform connecting Creators and Fans; we are not a party to transactions between users.

11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAPCALL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage
• User content or conduct
• Third-party services or links

IN NO EVENT SHALL CLAPCALL'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO CLAPCALL IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.5 Indemnification

You agree to indemnify, defend, and hold harmless ClapCall and its affiliates from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from: (a) your use of the Platform, (b) your violation of these Terms, (c) your content, (d) your interactions with other users, or (e) your violation of any law or third-party rights.

12.1 Informal Resolution

Before filing a claim, you agree to first contact us at support@clapcall.com to attempt to resolve the dispute informally. We will work with you in good faith to resolve the issue.

12.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved through binding arbitration, except as provided below.

Arbitration Rules:

• Arbitration will be conducted by a neutral arbitrator
• The arbitration will be conducted in English
• Each party will bear its own costs and fees (including attorney fees) unless the arbitrator awards otherwise
• The arbitrator's decision is final and binding

12.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.

12.4 Exceptions to Arbitration

The following disputes are exempt from arbitration:

• Disputes related to intellectual property (copyright, trademark, etc.)
• Small claims court actions (if eligible)
• Injunctive relief to prevent harm

12.5 Opt-Out of Arbitration

You may opt out of arbitration by sending written notice to support@clapcall.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, email, and a clear statement that you wish to opt out of arbitration.

12.6 Governing Law

These Terms are governed by the laws of Nepal, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the courts of Kathmandu, Nepal.

13.1 Privacy Policy

Your use of ClapCall is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Platform, you consent to our data practices as described in the Privacy Policy.

13.2 Data We Collect

• Account information (name, email, phone number)
• Profile information (bio, photos, videos)
• Payment information (processed by third-party providers)
• Usage data (interactions, clicks, time spent)
• Device information (IP address, browser type)

13.3 Data Security

We implement industry-standard security measures to protect your data, including encryption, secure servers, and regular security audits. However, no system is 100% secure; you use the Platform at your own risk.

13.4 Your Rights

You have the right to:

• Access your personal data
• Correct inaccurate information
• Request deletion of your data (subject to legal obligations)
• Opt out of marketing communications
• Export your data

To exercise these rights, email support@clapcall.com with the subject line "Privacy Request."

13.5 Data Retention

We retain your data for as long as your account is active or as needed to provide Services. After account deletion, we may retain certain information for legal, tax, or fraud prevention purposes.

14.1 Changes to Terms

We may update these Terms at any time. When we make material changes:

• We will post the updated Terms on the Platform
• We will update the "Effective Date" at the top
• We will notify you via email or Platform notification
• Your continued use of the Platform after changes constitutes acceptance

14.2 Changes to Platform

We may modify, suspend, or discontinue any part of the Platform at any time without liability. This includes:

• Adding or removing features
• Changing pricing or commission structures
• Updating user interfaces
• Implementing new policies

14.3 Notification of Changes

For significant changes to fees, commissions, or core functionality, we will provide at least 30 days' notice before the changes take effect.

15.1 Termination by You

You may terminate your account at any time by:

• Going to Account Settings and selecting "Delete Account"
• Emailing support@clapcall.com with a deletion request

Upon termination, you must withdraw all Wallet funds within 30 days. After 30 days, any remaining funds may be forfeited.

15.2 Termination by ClapCall

We may suspend or terminate your account at any time if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• We are required to do so by law
• Your account has been inactive for over 2 years

15.3 Suspension vs. Termination

• Suspension: Temporary restriction of account access while we investigate potential violations. You may regain access after resolution.
• Termination: Permanent closure of your account and deletion of associated data.

15.4 Effect of Termination

Upon termination or suspension:

• Your access to the Platform will cease
• Pending orders will be canceled and refunded
• You must withdraw Wallet funds within 30 days
• We may retain certain data for legal or operational purposes
• Sections 7 (Intellectual Property), 11 (Disclaimers), 12 (Dispute Resolution), and 15.4 will survive termination

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and ClapCall.

16.2 Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

16.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

16.4 Assignment

• You may not assign or transfer these Terms or your account
• We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets
• These Terms bind and inure to the benefit of permitted successors and assigns

16.5 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and ClapCall.

16.6 Force Majeure

We are not liable for failure to perform obligations due to causes beyond our reasonable control (natural disasters, war, pandemics, government actions, internet outages, etc.).

16.7 Notices

Notices to You:

• We will send notices via email to your registered email address
• Notices via email are deemed received 24 hours after sending
• We may also post notices on the Platform

Notices to Us:

• Send notices to: support@clapcall.com
• For legal notices: Quickly Multipurpose Pvt. Ltd., Kathmandu, Attn: Legal Department

16.8 Export Controls

• You may not use the Platform if you are located in an embargoed country
• You may not use the Platform if you are on a U.S. government restricted party list
• You will comply with all export control laws

16.9 Third-Party Rights

These Terms do not confer any third-party beneficiary rights.

16.10 Language

These Terms are provided in English. Any translations are for convenience only; the English version controls.

16.11 Headings

Section headings are for convenience only and do not affect interpretation.

For Questions About These Terms:

• Email: support@clapcall.com
• Website: https://clapcall.com

Company Information:

• Legal Entity: Quickly Multipurpose Pvt. Ltd.
• Registered Address: Kathmandu, Nepal
• Support Email: support@clapcall.com

Specific Inquiries:

• Account Issues: support@clapcall.com
• Payment/Billing Questions: support@clapcall.com (Subject: "Billing Inquiry")
• Copyright/DMCA: support@clapcall.com (Subject: "Copyright Notice")
• Security Issues: support@clapcall.com (Subject: "URGENT - Security Issue")
• Privacy Requests: support@clapcall.com (Subject: "Privacy Request")