Terms and Conditions
First published: May 2, 2020
Last updated: May 3, 2020
Kypsel pledges to only collect data and content necessary to make your experience better on our platforms. We also understand your privacy is important, and treat it as such. The following clarifies how and when your data and content is sollicited, and what we do with it – so as to allow you to make an informed decision on wheter or not you choose to use Kypsel and our services. At any time, you can manage your data.
Kypsel and you, the user, are bound by terms and conditions, which is also explained in this section.
You agree to our Terms and Conditions and Data storage and Processing terms by accessing our websites, or using any of our portals, services, softwares, SAAS, on any of our front ends (which are all provided subject to these terms and conditions.)
A.1) By using Kypsel, in any of its forms, you also agree to the collection and use of your information and content in accordance with this policy – information and content that you have provided willingly or that results from accessing and interacting with Kypsel.
Parties bound by the agreement, nature of the agreement & definitions
I.1 Kypsel ("us", "we", or "our") refers to Kypsel Limited (the « Service », the « company », the « startup ») and to its services and products. Kypsel Limited is a startup incorporated in Ireland. Our Headquarters are situated in Dublin.
I.2 Our websites, portals, services, SAAS and softwares refers to any online web page, or group of pages, operated by Kypsel Limited. It also refers to our allocated pages on social media, managed by our team. This includes apps, webapps, SAAS, softwares developped by us and made available to you via our websites and portals.
I.3 User refers to you (« you », « your », « yours »), the person interacting with Kypsel through our services, or Social Media, or browsing our websites (in any manner whatsoever, including but not limited to: sending us a message by email, using the “contact us” pages/tabs on our website or via the chatbot, posting on any of our social networks - among which Linkedin, Instagram, Facebook, Whatsapp, Facebook Messenger and other; or interacting with Kypsel advertising.)
A user can be :
- A creator, an artist, a user who crafts content and uploads it to Kypsel for transaction. A creator can be a penciller, comic book writer, musician, author, auteur among other. He will be referred to as
- A seller, a person who engages in transaction with the content on Kypsel. A seller can purchase content, share it, sell it, peruse it at his own behest.
A user is a fully fledged entity, or account.
Every user is assigned a client number to better process your requests in customer care, product support, and user private data management.
B) You are bound by these terms be it if you are an adult, or a minor (with legal representative, or guardian), or a person representing a person or entity.
I.4 Notification Contact refers to the phone number or email address provided (but this is not mandatory) by the User to receive notifications, updates or promotional material from Kypsel.
This notification contact will be kept in our records as long as the User Personal Data exists. A notification contact may be deleted or modified by contacting us by email at firstname.lastname@example.org
We may send e-mails to you regarding news of the Services or offers by us or our affiliates.
D) You hereby agree that whenever you enroll willingly in our newsletter program, you agree to receive emails from us regarding our products and services.
You also agree that by providing us with any form of notification contact, we may contact you in order to update you on information vital regarding our terms, and agreement. Kypsel Limited will never contact you if you choose to turn off notifications, unsubscribe from our newsletters, or choose to terminate your user account.
I.5 Cookies refer to files stored on your device, that mark your previous and current interactions with our websites, or our services. Kypsel Limited only stores cookies on your device to remember your previous interaction and history of your presence with us - and for analytics purposes.
Cookies may not be placed on your device without your explicit consent. Once granted, the cookies will remain on your device or personal computer until you choose to delete them, or if you have set your browser(s) to automatically rid your operating systems from them. If you do not grant permission for the cookie to be placed on your device, this will not prevent your from using our websites, or our services, but may hinder your present or future experience by not taking full advantage of the site.
A cookie does absolutely not give Kypsek Limited any access to your device or personal computer, or to your information stored on said device or personal computer. It also is not a harmful file. Kypsel Limited pledges never to install anything harmful on your device. Today, Kypsel Limited offers cloud based services. As we do not provide our own app, you will not have to download any files or app to any of your devices. This may change in the futures, and Kypsel Limited will always keep you updated in this case. We will also always ask for your explicit consent before installing anything on your device.
Be wary of files, or other, requesting an install on your devices - claiming to be Kypsel Limited products and services. Phishing, viruses, trojans and scams may take the form of apps, files, or web pages pretending to be under the Kypsel branding umbrella. We do not condone any such actions, and they are independent of our will. Kypsel Limited will fight such scams within the limit of its legal arm and knowledge.
I.6 Google Analytics and Facebook Pixels refer to services provided by Google and Facebook respectively, that Kypsel Limited employs in order to assess our audience’s demographics, performance, and behavior. We may draw statistics from these services: mainly the age range of your co-users, their locations, peak time and dates when Kypsel services are most used, among other. In order to cover what these two services comprehensively propose to Kypsel, please find their complete Policies and Terms and Conditions here:
F) You hereby agree that Kypsel Limited may use Google Analytics and Facebook Pixels when analyzing its websites and services traffic, in relation with your usage of said websites and services.
I.7 User Personal Data refers to the content or information shared by you, the user, with our websites, and our services.
Data, and content, are assimilated by our solutions, or services, and in specific cases processed by Kypsel Limited in order to extract general analytics, or understand your needs or taste better.
You may signal to Kypsel Limited that you are unwilling for your personal data to be processed or analyzed by either using our websites and its contact form, or by sending us an email to email@example.com .
You may at all times request to delete your User Personal Data also by contacting firstname.lastname@example.org
Kypsel Limited DOES NOT sell your data, be it your name, forename, age, gender, location, taste in content, and purchases. We currently DO NOT share this data with third parties, clients or partners or authorities. In limited circumstances we may disclose aggregated information (NEVER personal information), to certain third parties in connection with providing the Services or as required by law.
G) By agreeing to these terms, you understand that your User Personal Data might be stored, and processed by Kypsel Limited to ameliorate our analysis, always with the unique objective to service you better. You also understand that you are in complete control of your User Personal Data, and might dispose of it as you will at any time (by requesting it to be deleted, indicating that you wish for it not to be processed, or by obtaining a copy of it.) You also understand we do not sell your data (in its personal form.) We might share aggregated data (ranges, general statistics) to third parties (including authorities.)
I.8 Your User Personal Data on websites refers to your data or logged files (including but not limited to):
Your Internet Protocol (IP) address, your address, your browser type, your browser type, your referring/exit pages and URLs, your number of clicks, your viewed: domain names, landing pages, subset pages, your page visit and time of visit.
Please note that none of the above are logged by Kypsel or known by us to this day.
H) As this might change in the future, by interacting with Kypsel websites, and our services, you are consenting to allow Kypsel to log this information.
We do receive and store information that you enter on our websites or our services (on “contact us” pages, forms or tabs among other) or shares with us in any other way (by email for example.) As a result, you may supply us with personal information or non-personal information such as (but not limited to):
Full contact information including email address;
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
Date and Time
Originating IP address;
Type of browser and operating system used (if provided by the browser);
URL of the referring page (if provided by the browser)
The personal information and non-personal information could be used when evaluating ways to improve our websites, and our services - it could also be shared IF REQUIRED BY LAW.
We use the information in a variety of ways, including for example to evaluate the performance of our websites and services, and the general preferences, and needs of users, or to generate anonymous statistics & aggregated ranges for our benefit or for our business partners.
We may use or delegate to third-party advertising companies to serve or place ads when you visit the websites or services. These companies may use information about your visits to this and other websites or other services in order to provide advertisements about goods and services of interest to you.
I) You hereby grant us the right to store your personal and non-personal information, and consent to us using said information to generate anonymous statistics and aggregated ranges for our benefit, for our business partners, or to be shared if requested by law. You also allow Kypsel Limited to use third party advertising companies to serve targeted and general ads further to your interaction with our websites and services.
I.9 Data Protection Act and Legislation refers to the GDPR, and/or the Federal Data Protection Act of 19 June 1992 (Switzerland).
EEA refers to the European Economic Area.
GDPR refers to the the Council of 27 April 2016 and the European Parliament's Regulation (EU) 2016/679 addressing the protection of private individuals (natural person) and the processing and movement of User Personal Data.
Privacy Shield refers to the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework.
User Personal Data's treatment, processing and responses of the Kypsel websites and services are in complete compliance with the Data Protection Legislation since launch.
Application of Data Protection Act and Legislation
The Data Protection Act and Legislation apply on territories where the Data Protection Act or Legislation are in vigor, and/or when the data processing occurs for private individuals (natural persons) residing in the EEA, or who are in the EEA at the time of their interaction with Kypsel Limited.
I.10 Data breach, Data incident, or Data hacking, all refer to an intrusion in, destruction or modification of User Personal Data by an entity other than the user or Kypsel Limited. These occurrences are unauthorized, and against the will of Kypsel Limited. These occurrences may compromise the security of the User Personal Data, against the will of Kypsel Limited. These occurrences are not condoned by Kypsel Limited.
In the case of a data breach, data incident, or data hacking, you will receive proper warning by our services. Kypsel Limited uses the foremost online and offline servers and technology equipment and security in order to avoid such occurrences. In the case of an occurrence, you might be prompted to change your password on the account used to interact with Kypsel Limited.
Please note that User Personal Data is NOT stored on physical servers at Kypsel premises.
We will notify supervisory authority no more than 72 hours after becoming aware of a breach of users’ personal data. We may use your contact information to signal that your data has been compromised as soon as reasonably possible - or after contacting proper law enforcements (that might delay our public announcement.) We will share with proper authorities the number of users accounts compromised, and the nature of the breach.
J) You understand that Kypsel Limited complies with GDPR. We will warn and notify authorities no more than 72 hours after becoming aware of a breach of user personal data - or if any user accounts have been compromised. You understand that we take appropriate measures to protect you as best we can. You agree to be contacted if your account or data has been compromised. You understand that we might announce a breach publicly after contacting proper law enforcement investigations.
K)The terms binding date is considered to be the time and date when the user, you:
(1) first interacted with our websites or our services, by navigating, browsing, clicking, entering or submitting information on said websites or services.
(2) first used/interacted/messaged us
(3) first used our 'contact us’ form
(4) agreed to these data processing terms be it by typing or clicking on
(4.1) « I understand » at any time
(4.2) « let’s go » at any time,
(4.3) « I agree » at any time,
(4.4) « Let’s go » at any time,
(4.5) « Send » at any time,
on any one of our websites, or services.
Binding you, the user, to these Data Processing Terms means you tacitly instruct Kypsel that you agree with all the terms on this page, and allow Kypsel Limited to process User Personal Data but only in accordance with applicable law.
I.12 Data Storage and Processing Terms Duration refers to the time during which these terms take effect and stay in effect, starting on the terms binding date.
Terms will remain in effect until you, the user, notify Kypsel Limited of your desire to terminate your account via email at email@example.com
Please understand the nuance between User Personal Data, and User. A User is considered to be a fully fledged entity, or account. To requestion deletion of your User Personal Data does not imply the deletion of your entire User account. If we do not store anything about you does not mean you no longer have an account.
- L) You understand that the deletion of your User Personal Data does not constitute a complete deletion of your User account. You hereby agree that to delete your entire User account, you will email us at firstname.lastname@example.org
Only after a request of account termination via email to email@example.com does Kypsel Limited release a User from the Data Storage and Processing Terms and effects - and thus, for as long as the User does not interact again, or any longer, with our Kypsel Limited websites or services. Only at that time do the aforementioned terms cease to be in effect.
This is in vigor as you may choose to delete your past interactions with Kypsel Limited, or your User Personal Data, but choose to resume your interaction with our Websites or our services as long as your account is active - thus not terminated. Whenever you, the user, still converse or interact with our Kypsel Limited website or portals - your account is considered existing, and the terms are still in effect.
If you have chosen to delete your User Personal Data or requested for your User account to be removed from our records in the past, this does not release you from being bound again by these terms in the future, when you resume interaction or messaging to Kypsel websites or services.
The deleted User Personal Data cannot be recovered by the user or Kypsel at all - it is not placed in a virtual bin, and it is not retrievable after deletion.
Deletion of User Personal Data and Deletion of a notification contact or a fully fledged User happens as soon as reasonably practicable or before a maximum 180 days, unless EU or EU Member State law indicates otherwise.
I.13 Data Controller(s) refers to the Kypsel Limited department and personnel in charge of controlling User Personal Data and responsible for applying Data Protection Act and Legislation at Kypsel Limited.
The Data Controller is based at Kypsel Limited Headquarters, which may change at any time in the future.
Data of Users, or provided by Users, is processed by the data controller in unison with Kypsel’s internal Data Science team. Usage of said data is done securely and responsibly. The Data Controller and the Data Science team at Kypsel take measures to protect the data, and prevent unlawful use of the Data.
The Data in its raw form will not be shared externally, with third parties or with business partners of Kypsel Limited. Whenever the Data is stored on a third party cloud carrier, technical service provider, hosting service, IT service, it is SOLELY accessible by Kypsel Limited - not shared with previously enumerated services and tools. Kypsel Limited reserves the right to use said serviced quoted previously, as repositories.
The Data may be aggregated, analyzed in bulk - anonymously - and shared with partners or third parties, or in-house at Kypsel Limited, for example with: the internal marketing and sales department, the legal administration, or with strategic management.
Contacting the Data Controller for more information or help may be done by sending us an email to firstname.lastname@example.org with subject line « Data Controller.»
M) You hereby allow Kypsel Limited to use third party services as repositories.
I.14 Legal action
User Personal Data is liable to be used in legal action (in court or otherwise) either because of fraudulent use of Kypsel Limited websites, or services, or because of litigation between users and Kypsel Limited.
The Data Controller may present User Personal Data in court, in legal action, or to public authorities.
SECTION II: Copyrights, Licenses, and Content
The below is protected by copyright, trademark and other laws internationally:
Our Logo, Icon, Typefont and Color Palette, URL, associated with our Brand, and Company Name, Trademark, are sole property of Kypsel Limited.
All content (text, words, design, graphics, photographs, code and software) in our websites and services (collectively the “Trademarks”) are registered and unregistered Trademarks of Kypsel Limited. All rights reserved.
You may not reproduce said Logo, Icon, Typefont, Color Palette, Brand, Trademarks, Company Name or all content. You may not display any of the above without explicit consent of Kypsel Limited.
All content written, produced or published by our team remain the exclusive property of its authors and our company.
Our services, websites, and softwares are the sole property of Kypsel Limited.
II.1.2 Content Creator Copyright:
You, the Creator user are sole owner of the content you choose to upload to the platform. You are responsible for said content. By uploading it to Kypsel, you tacitly validate that you are the sole creator of the piece, and it has not been plagiariazed, or copied other content from other creators be it on the platform Kypsel or anywhere else. If you are not the sole creator, you have obtained the rights from all others creators to upload said content to Kypsel. Kypsel is in no way responsible for checking you own the entire rights to the work, or have proper autorisation from other creator (but this will be sollicited if litigation arises between yourself and another creator, or published/distributor etc.)
Provided the above is respected, Kypsel will not lay claim to your copyright or contest your sole ownership of said copyright. Kypsel only hosts your content and facilitates its transaction to other avid readers, listeners, and general audiences.
You, the Seller user do not own any rights for the content you have purchased, other than the right to peruse it (read it, listen to it), or the right to resell it.
Explanatory Note : Once a seller has purchased content from a creator, this does not transfer rights partially or entirely of said content. Content remains sole property of creator. Creator grants the right to other users on Kypsel, known as sellers to RESELL the content as well as PERUSE it (read it, listen to it.) This right to resell is limited to Kypsel and its services, apps. In no way, can a a user who has purchased content on Kypsel, resell it elsewhere online or offline. A seller may not approach distributors offline or online with content to be published elsewhere.
We may display your content on advertisement, we may display third-party advertisements (including links and references thereto) on our platforms and services, or on third party entities (such as, but not limited to, social media, blogs and others), and that remains a tour sole discretion and without consent from you, the creator, or the seller, or any user of Kypsel without any payments, fees reductions, or other credits to creators or sellers or any other users.
III.2 Kypsel licenses:
Subject to your agreement, and consent - and entering into terms with us, Kypsel grants you a limited, non-exclusive revocable, non-transferable license to: -A- access, enjoy, and use our services on your personal device (mobile, tablet, PC or other); & -B- access, enjoy, and use any content, information and related materials that may be made available through the Servicesin each case solely for your personal use. Any rights not expressly granted herein are reserved by Kypsel Limited.
O) You may in no case sell, lease, or resell our services. You may not modify, reproduce, publish, license, create derivative works from information, software, products or services, and any copyrighted material, found on or obtained from our website, or services.
P) You hereby agree not to post, provide, deliver or declaim defamatory, hateful, fraudulent, obscene, pornographic, libelous, violent, offensive, or unlawful content on any of our services, or platforms. Kypsel Limited may not guarantee that your content will be protected by law.
- Kypsel Limited shall not necessarily monitor your activity or have any obligation to remove any such content - and will not have to notify you or justify its actions (such as removing said content) in light of such behavior from you.
- You, the creator are responsible for the quality of your content
- Your content may not be immediately accessible, or searchable. You understand that it might not appear instantly after you post new content.
- Your content may be deleted at our discretion if it is illegal, or if it violates any of our terms and conditions (for e.g. if it is obscene, or plagiarized, among other.)
- Kypsel will not guarantee a particular order of appearance for your content. There is no guarantee that your content will appear directly on any of the landing pages, and no guarantees that it will have favored ranking among other content. This remains at our discretion.
- You are responsible to be as accurate and truthful as possible about the nature of your content as to not mislead a buyer. You are responsible to categorize it correctly, and describe it as best you can as to not deceive a buyer.
- You MUST make sure that you are not infringing on other people’s content. Always write your own description, use your own pictures (unless you have obtained proper authorization from the other creators.) Kypsel will NOT have the obligation to check that for you. If other creators report your work, Kypsel will remove your content and listing.
II.4 Notification/reporting of terms or copyright infringements
If you believe your content, copyrighted material, intellectual property or other has been infringed upon on Kypsel Limited websites or services, please send us an email on email@example.com
Kypsel will delete said content, copyrighted material, intellectual property or other, provided your request is in good faith, and eligible.
False reports or notification of infringement made on purpose to hinder a creator may result in the false whistleblower to be restricted from accessing Kypsel.
II.5 Purchasing content
You are responsible for reading the full description of content prior to purchasing it. You may no longer contest your purchase because of satisfaction or unhappiness.
You enter into a binding agreement when purchasing content from a creator. You also enter into a binding agreement when reselling content to a buyer.
Our aim is to offer reliable content but cannot promise that the content provided will always be available, complete, up-to-date or completely accurate.
We do not allow our users, creators, sellers or other to:
- Send spam, or fraudulent content
- Treat other users poorly (discriminate, use hate speech, use profanity, use threats)
Contact us if you wish to sell Kypsel content outside of Kypsel.
Additionally, please obtain proper authorization from other publishers or content owner(s) if your content has been distributed, published, or otherwise exposed on another platform offline or online BEFORE being published on Kypsel (especially if you do not own the complete rights to content.) You might not have the right to make the decision alone to publish on Kypsel.
SECTION III: Third parties and Kypsel Limited, Creator content quality
Third parties permissions, terms, conditions, privacy policies, and data storage and processing terms - and how they apply to you:
III.1 Links to other websites, services or applications
Our services may contain links, URLs, direct tabs, pop up tabs that will redirect you to other platforms, services, applications or websites (including websites.) These may take the forms of partners of Kypsel, or third party entities.
As emphasized upon in section I.6.2b
A) Kypsel is in no way whatsoever responsible for the content, opinions, documents, links, files, (and their threat levels, accuracy) expressed, shown or mentioned on said platforms, services, applications, or websites.
We do not scan, watch, monitor said platforms, services, applications or websites.
III.2 Content quality
Kypsel gladly hosts content from creators all over the world.
B) We may not be held liable as to the quality of the content hosted and sold on Kypsel. We may not be held liable for the interactions you pursue with adherents, registered members, or buyers/sellers - or the behavior of said users. We finally may not be held liable for the price of content (which is set by the Creator) and we will not be held accountable if you are unsatisfied with your transactions, for example if you dislike the content you have purchased. The quality of the content is the creator’s responsibility and purchasing content is the user’s responsibility solely.
C) Once you have purchased content, you hereby agree of your understanding that we do not hold any control over the content you have chosen to view, read, or listen to, or interact with.
Please remember, at any time you may check for the information kept of your past interactions with Kypsel but we may not show you information on your or actions on third party websites, such as social networks where you have chosen to share or promote content you wish to sell (as a creator or as a seller), and actions with users away from the Kypsel platform.
Kypsel Limited does not have any control over the content acquired, sold, or paid for, during your transactions. We are not liable for the state of said content. Kypsel Limited does not own the content, or stocks in publishing houses, distributor or producer houses.
Kypsel Limited is not responsible for the quality, performance on your devices, or any consequential results of the content purchased or sold in a transaction. Kypsel is not responsible for a song lagging on your device, or audio being of poor quality on your device or through your headphones. Just as Kypsel is not responsible for the resolution of the pictures or text on your devices.
We strongly recommend reading if the author, creator, has specified that content needs a particular minimum set up to enjoy his/her content.
III.2.1 Facebook, instagram, Whatsapp, Twitter, Privacy and its additional third parties Privacies
Through Kypsel, we offer the possibility to share the content you have purchased on social networks among which but not limited to: Facebook, Instagram, and Whatsapp. Kypsel has no ties with these companies.
Facebook, and its tools, products, services, may employ cookies, watermarks, beacons, or technologies in order to obtain, receive, or collect your data and information. They may do so on their own platforms, websites, or apps, or otherwise on your web presence, sites, apps, or e-commerce sites, or elsewhere on the internet. They may use that information to measure your activity, weigh your engagement or what you may seek - partly to provide you with targeted marketing (such as advertising). This is described in more detail in their Data Policy. Please consult it to understand the extent of the above:
SECTION IV: Restricted Activity
In connection with your use of our website, our services or your user account with us,
You will not:
- Breach this agreement.
- Breach any laws, or regulation.
- Act fraudulently (Attempt to hack our services, attempt to steal data, attempt to compromise our offer, or overwhelm our services - by putting pressure on our servers or front-ends;
- In no way, and for no acceptable reason, reverse engineer, decompile, or disassemble our websites or services
- Push viruses, Trojans, malwares, worms or other attacks with nocive intentions.
- Cause us to lose our hosting plans, service providers, or other.
- Go against, or infringe on our copyright as stated in the eponymous section of this agreement, (including copying, reproducing, altering, modifying our services, or branding, or creating derivative services from our own services - or subsequently create or promote fraudulent services plagiarizing Kypsel in order to deceive buyers or sellers.
- Impersonate anyone, from our company or other.
- Use an account obtained unlawfully by you, to use Kypsel Limited services.
- Abuse our customer support.
- Share sensitive information about you, (e.g. sharing a passeport number, etc.) that may compromise you - Kypsel Limited hereby relinquishes any responsibility for sensitive information shared by you willingly or unwillingly.
- Hold us responsible for the content you have purchased
- Hold us responsible for being plagiarized by another used. If this is the case, you must warn us, and we will remove the plagiarized content provided your claim is just and proved.
- Hold us responsible for the price of content – set by the creator
- Hold us responsible for incorrectly selecting your place of residence - taxes vary from one country to the other. Always make sure you select your location correctly. We will not be held responsible for your fiscal issues with the governmental body concerned. We will not be held responsible for false claims of residence in countries with lower tax thresholds. You are the sole person responsible for mismanaging your tax tariffs.
- Fail to pay for content you have purchased. You will also not provide fraudulent card details or fraudulent paypal accounts in a transaction. Failure to pay will stop you from finishing your transaction.
- Share your kypsel account details with another person, or user. Kypsel may not be responsible of the activity of your account if you voluntarily transfer your login details to another party.
- Hold us responsible for sharing your paypal or credit card details with a creator, seller, other person or user. Kypsel is not responsible for the loss of monies if you voluntarily share this information with someone else.
- Change the price of content after it has been published on Kypsel, or validated by Kypsel. The price is set once.
- Use scraping tools in order to scrape content from the platform, from its users, or from the actual content. It is illegal to scrape Kypsel, scraping will be considered as theft and infrigement to our platforms and authors. You will not steal content from the platform for illegal use or peruse, or trading outside of Kypsel.
- Use Kypsel name, logo on your business cards if you are not an employee of Kypsel. You may NOT use Kypsel name and logo associated to your own company or marketplace. You may use Kypsel name and logo to promote your content or content you wish to resell, on your social networks or blogs/pages.
SECTION V: Governing Law, Language, Warranty
V.1 Governing Law:
These terms and conditions and the relationship between Kypsel Limited and yourself shall be governed by and construed in accordance with the laws of the Republic of Ireland, and the parties hereby submit to the non-exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.
Our website and services are established in Ireland in accordance with the laws of the Republic of Ireland and will be governed by the laws of that country. When you use the site, or our services, you accept that your use of the site and services, and any information on the site, or services will also be governed by the laws of Ireland and if any dispute arises from your use of the site or any of the information on it, you agree to allow such dispute to be heard in the Irish courts.
Any litigation, or legal action brought by you, and arising from actions directly linked to your use of the websites or services must begin within reasonable time, and in any case within one year after the cause of said actions.
This agreement is concluded in English. This is how we will communicate with you. This is subject to change in the future - as we add more countries, and more languages.
V.3 No Warranty:
The Kypsel Limited services, websites, infrastructure, software and systems, are provided on an ‘as is’, ‘as available’ basis and without any representation or warranty, whether express, implied or statutory.
Kypsel Limited, its Directors, officers, employees, joint venturers, agents, and suppliers, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Kypsel Limited services, websites, and softwares used on or accessed through our services, or for any breach of security associated with the transmission of sensitive information through the Kypsel Limited Services.
Kypsel does not guarantee uninterrupted continuous, or secure (although we use maximum precaution and effort) access to any part of our websites, our services, or our softwares, (including any networks and servers used to provide any of the Kypsel services - AWS, Facebook and others) whether operated by us or on our behalf.
We cannot be held liable for any problems encountered in your transactions such as : loss of property, content, theft, unpaid transaction by a third-party outside of Kypsel, or scams, frauds and online phishing.
We also cannot be held liable for personal injury or property damage of any kind.Kypsel Limited makes no warranties about the accuracy of our websites or services or their content, and we make no warranties about the content of third parties websites and services that we mentions, or redirect to.
We make no warranties about any transmission of bugs, trojans, viruses, or other, from our websites or services.
Kypsel Limited does not endorse, warrant, assume any responsibilities, guarantee any service, item, product, proposed or shown by a third party in their websites or services (including hyperlink, banner, ads.)
We punctually will take down the services, websites and softwares for maintenance, updates, repairs, adding new functionalities and other.
If Kypsel Limited believes or finds that you may have breached the provision of these terms, conditions, and privacy policies, we may take action to protect ourselves, other users and third parties, partners, venturers. The action we may take includes but is not limited to:
- closing, banning, limiting, blocking or suspending your access to any or all of the Kypsel Limited Services and terminating these terms or access to our websites or our services
- warning partners, law enforcement, or impacted third parties of your actions.
- updating inaccurate information you have provided to us.
- taking legal action against you.
SECTION VI: Payment & benefits repartition
VI.1 Paypal, Stripe
Kypsel operates payments through Paypal and stripe. You may therefore find more information on Paypal’s privacy policies and on stripe’s privacy policies here:
VI.2 Benefits repartition
As a creator and a seller, you are entitled to specific distribution scale after a transaction.
Kypsel only takes 20% of the benefits of a transaction happening on the platform, as our fees. The rest of the benefits will be divided between the creator and the seller.
When the creator is the same entity as the seller, the creator will obtain 80% of the benefits of a transaction.
When a seller is a separate entity from the creator, the creator will still obtain 40% of the transaction, whereas the seller will obtain 40% of the transaction.
You thereby agree to this benefits repartition, and may not lay claim to a bigger percentage of the transaction.
VI.2 Fees and taxes
The fees charged for using Kypsel are listed and depend partly on taxation of your residence location. Our Kypsel fees and benefits repartition may change from time to time, depending on country fiscal laws, and other. We will post changes on the website and here, in the policy and terms, prior to changing them. We recommend punctually checking this page for information on fees and taxes.
VI.3 Payment method
You must have a payment method on file when selling or buying through Kypsel. If your payment method fails, you will be unable to purchase content, or obtain the sum owed to you when claiming your balance.
If, for some reason, your account is past due or a transaction was made to later appear as unpaid, we may collect amounts owed by charging any of the payment methods you have used in the past with us.
Kypsel can have an obligation, in any jurisdiction where it operates, to collect taxes from transactions made on Kypsel services. We may collect said taxes from you via your payment method or via any means available to us.
VI.4 Credit Card
Kypsel does not keep your credit card information at any time, but we strongly suggest reading Stripe's and PayPal's terms and conditions as those two mentionned services may keep your credit card information if you allow them. This is set up in order to facilitate your future transactions.
SECTION VII: Identity, age, email
When buying or selling on Kypsel, you MUST use your real name and identification – and it MUST match your payment method name (unless you have obtain proper authorization from the payment method holder to use his/her payment method.)
You are not obliged to create your account with your real name, or use an email with your real name for account creation.
You are also eligible to be a creator with a creator “artist name” rather than your real name.
However, at checkout, you will always be prompted for your real name for identification measures, and proper transaction purposes.
Because of the contractual nature of a transaction, we require all users – creators, or sellers – to be at least 18+ years old.
This rule is to protect both our adult and underage enthusiasts.
If you are not 18, please ask for a custodian, guardian, parent or over 18+ friend to use Kypsel in your stead.
It is your responsibility as an active user of Kypsel to have a correct, working email address on file.
SECTION VIII: Money back
You are only entitled to your money back if the content you have purchased is fraudulent (e.g. it is plagiarized content or other.) If Kypsel removes a piece, or work, or content from the platform because of such fraudulent activity, it will take contact with users who have purchased said content before it was reported and taken down.
SECTION IX: Withdrawal of royalties and benefits
Creators and resellers are entitled to claim back the money available in their balance, generated throughout sales and resales, any time they so desire by clicking on the appropriate button on the dashboard.
We strongly and highly recommend that the withdrawal be made using your Paypal account as it is cost and time efficient with almost no transaction fees (in some cases, none whatsoever). Kypsel will work on adding other recommended withdrawal platforms in the future for customer satisfaction.
We strongly discourage and do not recommend withdrawing claimed money through traditional bank transfers (Iban, swift....) as the processing time is longer and bank fees are much more consequent depending on the bank and geographical location. For security reason we will require an upload of a valid ID before validating any claim through traditional bank transfers. Extra fees incurred by the user, are beyond our control and responsibility as it depends on the bank, location, and account currency of the user.
SECTION X: Tax
Any user, creator or reseller is responsible to declare his revenues generated through Kypsel Limited to the appropriate authorities of his country of residence when necessary. At the request of the user, Kypsel can provide an end of year statement, listing all the revenues of the user on our platform. We strictly decline any responsibility if a user does not abide by the fiscal rules and regulation of his country of residence.
SECTION XI: Creator Rules
To ensure fairness in the Kypsel transaction mechanism and protect the rights of buyers and resellers, creators:
- cannot delete any item or content after publishing.
- cannot edit any item or content after publishing. He/she may however edit the description, and other promotional material surrounding the content, such as artwork, category, or the preview.
- cannot modify the price of the item or content after publishing.