These Payment Terms (“Payment Terms”) contain important information about financial transactions conducted on the Voice platform. Please read them carefully before buying or selling any NFTs on Voice, creating or co-creating any NFTs intended to be sold on Voice, and/or initiating any payment transactions on Voice, including transactions related to your Voice Balance. By continuing to use Voice and entering into certain financial transactions on Voice, including making and receiving payments (“Transactions”), you agree to these Payment Terms.
While we plan to support other payout methods in the future, please note that you currently may only withdraw and/or transfer your Voice Balance off of the Voice platform if you meet Voice Transactions Eligibility criteria (section 2):
· In the form of USD Coin (“USDC”) (section 3.3); and
· To a USDC-supported digital wallet (section 3.3);
By using the Voice platform, you acknowledge that you understand and agree to the above terms as they apply to your use of the Voice Balance feature.
If you wish to buy or sell NFTs, or use other features involving transactions on the Voice platform, the following terms apply.
1. Transactions Processing
1.1 Processors. Any Transactions that you initiate on Voice will be executed by one or more third party payment processors (each a “Payment Processor” or “Processor”). Voice reserves the right, without notice to you, to change its Payment Processors at any time, or to otherwise engage in alternative methods of executing Transactions, and additional providers may be engaged by Voice or by its Processor(s) to supplement payment processing services. As such, any agreements, responsibilities, fees, and taxes are subject to the requirements of Payment Processors and may change over time.
1.2. Processor Services. The Processor(s) will be responsible for executing Transactions on Voice, including any redirection to external pages (e.g. to online banking pages) in order to process Transactions. Each Processor will be responsible only for the applicable Transactions processed by that Processor in providing the services for Voice, and is not responsible for the provision of any products or other Voice services. Voice does not control Transactions executed by Processor(s), nor does Voice have the ability to reverse Transactions once they are processed by Processor(s). You are responsible for payment of any and all fees charged by the Processor.
Voice and/or the Processor will provide you with a receipt via email for each purchase you complete on the Voice platform following your purchase. The receipt will contain the relevant details of the Transaction, including the amount, fees, means of transmission, and other relevant information. Voice has no liability to you or to any third party for any claims or damages that may arise as a result of any Transactions that you engage in on the platform, or any other payment or other transactions that you conduct via the Payment Processor.
2. Transactions Eligibility
In addition to the Voice platform user eligibility criteria described in Voice’s Terms of Service, to engage in Transactions on Voice, you will also need to meet certain transactions eligibility criteria (“Transactions Eligibility”). We reserve the right to add additional Transactions Eligibility criteria, or change criteria at any time without advance notice.
2.1 Transactions Supported Regions. Due to regulatory or operational limitations of Voice and the Payment Processors, transactions, and certain features related to making Transactions, are available only to users residing in specific regions. The types of payment and payout methods available to be used for Transactions on Voice may also be limited in certain regions due to regulatory and/or operational requirements. We cannot guarantee the availability of payout and payment methods in any specific region, or that any specific or additional payout and/or payment methods will be made available in any specific region. For a list of regions currently supported by Voice, please visit the Voice Help Center.
2.2 Know Your Customer Program. Before you can use certain features of Voice or complete certain Transactions on Voice, you may be required to successfully be authenticated through our Anti-Money Laundering and Know Your Customer (“KYC”) program. This is a comprehensive program designed to identify and authenticate account holders, screen users, and monitor Transactions on Voice to combat fraud, money laundering, sanctions violations and other criminal activity.
If you are unable to be successfully authenticated through our KYC process, you will not be able to engage in certain types of Transactions on the Voice platform. In addition, if it is determined through our KYC process that you and/or any Transactions or activities you have engaged in on or off of the Voice platform may have violated any applicable laws, Voice’s Terms of Service (including Voice general eligibility requirements), and/or the terms of any of our Processors, then Voice may suspend or terminate your account, at our sole discretion, or as required by our Payment Processor.
3.1 Payment Methods. On the Voice platform, it will be possible for you to purchase NFTs using your Voice Balance or select payment methods. Additional payment methods for purchasing NFTs and/or adding credits to your Voice Balance may become available to supported regions in the future at our sole discretion. You will need to meet Transactions Eligibility requirements before you can use Voice Balance, and certain other payment methods that may be available. Available payment methods to add credits to your Voice Balance and/or to purchase NFTs on the Voice platform are detailed in our Voice Help Center.
3.2 Voice Balance. Your “Voice Balance” is the amount of account credits available to you in your Voice account for use on the Voice platform. Your Voice Balance can be used to purchase NFTs, and/or can be transferred to an external account (such as a digital wallet) using select available payout methods. Any earnings you receive from NFT sales will be credited to your Voice Balance. You can also add credits to your Voice Balance using an available payment method. The amount of credit in your Voice Balance will increase or decrease based on credits added as a result of your initial and/or secondary sales of NFT; secondary sales of NFTs created, or co-created by you; your purchase of credits to be added to your Voice Balance; and any NFT purchases you make using your Voice Balance. To learn more about how to add and withdraw to your Voice Balance, please visit the Voice Help Center.
Your Voice Balance can only be used on the Voice platform. Your Voice Balance is not a deposit account, banking service, a money transfer service, or a digital wallet, and cannot be used to exchange funds with other users or for any purpose other than as intended on the Voice platform. For example, Voice Balance cannot be used to make purchases outside of Voice, transfer funds to third parties, or for any other non-permitted purpose.
Should you choose to maintain credits in your Voice Balance for any period of time, you assume all risks associated with controlling access to your Voice Balance, and agree that Voice is not responsible for the security of your Voice Balance and any financial or other losses resulting from your Voice Balance access being compromised or lost. Voice assumes no responsibility in connection with your use of your Voice Balance for unpermitted uses, or your use of payment methods not supported on the Voice platform.
3.3 Payout Methods. You can action a “payout” transferring all or part of your Voice Balance off the Voice platform to another means of storage using one of the available Payout Methods for payouts. Currently, payouts are made in the form of USD Coin (“USDC”) to your Voice-supported USDC wallet. You can then transfer your USDC from your wallet to your bank account, other digital currency wallet, or other destinations supported by your wallet. Learn more about how to process payouts in the Voice Help Center.
3.4 Transaction Limitations. Certain types of Transactions using specific payment methods and/or payout methods are subject to limits on the dollar amount of the Transaction that may be completed using that method. Voice may also set minimum or maximum limits for specific payment methods at its sole discretion. These limits may apply to all Transactions, or may limit Transactions using a certain payment method to a specific dollar limit. Transaction amount limits set by Voice may vary from jurisdiction to jurisdiction based on the requirements of our Payment Processor(s). Voice reserves the right to set or update minimum or maximum limits applied to Transactions on the Voice platform without notice. Learn more in the Voice Help Center about the current Transaction limits.
3.5 Required Processing Time. Payments processing related to certain Transactions on Voice may require additional processing time, or may result in delays in completing the Transaction, or additional review steps being required. Instances which may result in delays include, but are not limited to:
- Completion of steps involved with the initial KYC verification process;
- Transactions carried out by wire transfer, including those conducted outside of business hours;
- Transactions involving currency conversions;
- Regulatory compliance processes; and
- Operations of third party financial service providers.
The length of any delays will vary depending on the circumstances of the delay. Voice is not responsible or liable for any damages or losses related to Transaction delays, regardless of cause.
3.6 Settlement Period. Certain NFT sales may be subject to a settlement period, during which the validity, content and other eligibility aspects of the sale are confirmed. During this period, the seller will be unable to withdraw the NFT sales revenues from their Voice Balance, and the Collector will be unable to resell the NFT. The sale may be reversed based on a finding of ineligibility, illegal activity and/or other violation of Voice and/or Payment Processor policies, in connection with the Transaction and/or the NFT content.
3.7 Changes to Payment and Payout Methods. We reserve the right to change payment and payout methods at any time without advance notice, including Voice Balance. We cannot guarantee the ongoing availability of any payment or payout methods, nor can we guarantee the availability of certain payment or payout methods in specific regions.
4. Platform Fees and Transaction Fees
Certain payments and other financial transactions conducted through Voice (including, but not limited to, selling and purchasing NFTs) are subject to applicable platform service fees and transaction fees that will be charged to Creators and Collectors in connection with Transactions processed in relation to their account as follows:
- Platform Fee. In connection with each sale of an NFT by a Creator or Collector, a platform service fee will be kept by Voice. This Platform Fee covers operational expenses incurred in providing the Service. The Platform Fee will be a set percentage of the sales revenues retained by Voice on each NFT sale. Voice will disclose the amount of the platform fee to you at or prior to the time of your Transaction on our website.
- Convenience Fees. You may be charged additional fees for your transaction at Voice’s discretion. Voice will disclose the amount of any convenience fee to your transaction at or prior to the time of your transaction on our website.
- External Fees. Additional fees may also be charged by your financial institution, digital wallet, or other third party currency service provider used by you in connection with Transactions on Voice, including, but not limited to currency conversion, USDC network, minting, and/or other fees charged for other services. You are solely responsible for any additional fees charged by your currency service providers in connection with Transactions you initiate on Voice.
We reserve the right to update and change our service and/or transaction fees at any time, and with or without direct notice to you.
5. NFT Sales Earnings
- Initial Sales. On the initial sale of an NFT by a Creator, after deduction of the Voice Platform Fee (see above) from NFT sales revenues, the balance of the NFT sales revenues will be paid to the Creator(s) (allocated among the named co-Creators, if applicable).
- Secondary Sale – Seller Earnings. On each sale of an NFT after the initial sale (a “Secondary Sale”), after deduction of the Voice Platform Fee, and the Royalty (see below), the balance of the NFT sales revenues will be paid to the Collector selling the NFT.
- Secondary Sales – Creator Royalty. On each Secondary Sale of an NFT, the Creator (and any co-Creators) will receive a Creator Royalty, which is calculated as the Creator Royalty percentage (percentage amount will be disclosed on the Voice platform at the time of minting), multiplied by the NFT’s secondary sale price. If there are co-Creators, then the Creator Royalty will be shared and allocated among all co-Creators (including the minting Creator) in equal shares, or as otherwise agreed upon and allocated in the minted NFT terms.
Voice reserves the right to update and change the way earnings from NFT sales are distributed at any time, with or without direct notice to you.
Fees, prices and earnings on Voice are stated in United States Dollars, and are exclusive of any sales tax, value-added taxes, use, withholding or any other tax or other governmental assessments of any nature in your jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your Transactions, purchases, sales, losses and/or earnings on Voice, and you agree to cooperate with us by providing the necessary payments, information, and/or forms as determined by Voice. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including transaction fees) made to us pursuant to these Terms. Voice will provide you with such documentation as may be required by law, however it is your sole responsibility to report and remit the correct tax amount to any and all tax authorities. You acknowledge and agree that Voice is not responsible for determining if taxes apply to your use of the Service; the amount of any taxes you may owe; collecting, reporting, or withholding any taxes arising from your use of the Service; and/or providing you with tax advice. Voice reserves the right to collect and remit sales tax in respect of your Transactions.
7. Transactions Support
7.1 Customer Support. Voice will be solely responsible for customer support to users, and our Payment Processor(s) do not provide customer support for Transactions to Voice users. If you encounter a problem completing your Transaction, or if there is any other issue with your Transaction, please contact Voice at [email protected] within 7 days of encountering the issue, with the following details:
- Available transaction/order summary information (including any associated transaction ID, link to relevant purchase pages, or other pertinent information)
- The email address linked to your Voice account
7.2 Refunds. Voice does not provide refunds for purchases made on its platform. Transactions are intended to be final and irreversible. All purchases are made at the buyer’s own risk, and refunds will not be provided in circumstances where purchased content is made inaccessible, deleted, or is suspected or confirmed to be inauthentic, infringing, or otherwise compromised in quality, which are not considered to be exceptional circumstances. You do not maintain, and hereby disclaim, any right to a refund or reversal of any Transaction. In exceptional circumstances, action may be taken to approve refunds or Transaction reversal in the sole discretion of Voice and/or the Payment Processor, with the presumption being that the Transaction is final and nonrefundable.
8. Assumption of Risk
You accept and acknowledge the following risks related to transactions on the platform:
- Should your access to Voice or your Voice account be terminated, any funds you have remaining in your Voice Balance may, at Voice’s sole discretion (a) be transferred to you by your own actions, or (b) be frozen or deemed forfeited in accordance with any required legal or operational actions on our part, including if Voice is required to disable access to and/or remove your Voice account.
- If you are found to have committed illegal activity on or off of the Voice platform, including, but not limited to, committing financial crimes such as money laundering, Voice may be required by law to freeze your Voice Balance. Any funds associated with a Transaction or the entirety of your Voice Balance may be seized by authorities. This is outside of the control of Voice, and we are not responsible for any funds lost in any scenario where your account is terminated due to illegal activity.
- Should you wish to delete your Voice account, you should transfer all funds out of your Voice Balance before making this request. Should you request to delete your account while holding any remaining Voice Balance, we will make reasonable attempts to contact you by email and prompt you to transfer your funds within 30 days of your request, before complying with your request to delete your account, at which point your Voice account will be deleted and your remaining funds will be deemed forfeited by you. We are not responsible for any funds lost where you opt to delete your Voice account and fail to transfer your remaining Voice Balance before your account is deleted.
- Should your access to your Voice account be terminated for any reason for any reason (including where your account is terminated by us due to a violation of our terms, or as required by law, or is terminated at your request), any Creator Share of Appreciation earnings you would have received from secondary sales of NFTs will no longer be added to your Voice Balance and cannot be paid to you and/or transferred off of the Voice platform, and/or otherwise collected by you, by any other means. You agree that in any scenario where your account is terminated, any funds you would have received from future sales will be deemed forfeited by you. We are not responsible for any actual or potential earnings lost in these circumstances.