TwinCafe Paid Calls Terms of Service

These additional terms govern Calls, Paid Calls, and the related booking, payment, and payout features of the Service (collectively, “Paid Calls”). They supplement the TwinCafe Terms of Service and Privacy Policy. By booking, offering, or participating in a Call through TwinCafe, you agree to these terms, the Terms of Service, and the Privacy Policy.

The Service allows Experts to offer Calls to Clients, to set a listed price (in U.S. dollars) for each type of Call they offer (the “Listed Price”), and to receive payment for Paid Calls through the Service. Viven.ai provides the technology platform that facilitates the booking of Calls and the processing of payments for Paid Calls. Viven.ai is not a provider of professional services and is not a party to the relationship, or to any agreement, between an Expert and a Client. Experts are independent third parties and are not employees, agents, partners, or representatives of Viven.ai or any Viven.ai Affiliate. Experts are solely responsible for the Calls they offer and conduct and for any advice, information, services, or other content they provide to Clients before, during, or after a Call. For payment processing purposes only, Viven.ai(through its payment processor) acts as the merchant of record for charges relating to Paid Calls, and a Client's receipt and card statement may reflect TwinCafe or Viven.ai; this does not make Viven.aia party to, or responsible for, any Call or any Expert's services.

You must be at least 18 years of age (or the age of majority in your jurisdiction, if greater), legally able to enter into binding contracts, and hold an account in good standing in order to offer, book, pay for, or participate in a Paid Call. Before receiving any payout, an Expert must complete onboarding and identity verification with our third-party payment processor (currently Stripe, Inc. and its affiliates (“Stripe”)). Payouts are currently available only to bank accounts located in the United States. If you are unable to complete such onboarding (including because you do not hold an eligible bank account), you may be permitted to offer Paid Calls only on a charity-routed basis as described in the section below titled “Charity Donations.”

Payments for Paid Calls are processed by Stripe. Viven.ai does not collect or store payment card numbers or bank account details; such information is provided directly to, and held by, Stripe. By booking a Paid Call as a Client, you agree to Stripe's applicable terms of service. By offering Paid Calls as an Expert (or by receiving Paid Call proceeds on behalf of a charity), you agree to be bound by the Stripe Connected Account Agreement, which includes the Stripe Services Agreement, as each may be modified by Stripe from time to time, and you agree to provide accurate and complete information about yourself and your business and authorize Viven.ai to share such information, and transaction information relating to your Paid Calls, with Stripe. Viven.ai may change or add payment processors at any time. As between Viven.ai and you, the records of our payment processor will be treated as authoritative with respect to charges, refunds, disputes, payouts, and bank deposits; Viven.ai maintains booking-level records of the Listed Price and Platform Fee for each Paid Call for product and support purposes only.

Clients pay the full Listed Price through Stripe's hosted checkout at the time of booking. A Client's payment method is charged immediately upon successful checkout. Viven.airetains the proceeds of a Paid Call for a holding period of up to 10 days following the scheduled end time of the Call (the “Holding Period”) before such proceeds, less the Platform Fee, are made available for transfer to the Expert's (or Approved Charity's) connected account, as described below under “Expert Payouts.” A calendar slot may be temporarily reserved while checkout is in progress. That reservation is not a hold on the Client's payment method, and if checkout is abandoned or expires, the slot is released and no charge is made. Listed Prices are set by Experts and denominated in U.S. dollars. Where checkout presents an amount in another currency, the Client will be charged in that currency at the conversion rate determined by Stripe, which may include a currency conversion fee, and the booking record and Listed Price will remain denominated in U.S. dollars. Clients are responsible for any bank, card, foreign transaction, or currency conversion fees imposed by their financial institution. No separate service fee is currently charged to Clients; Viven.aireserves the right to introduce Client-facing fees in the future upon notice through the Service. Calls with a Listed Price of zero (“Free Calls”) do not involve any charge, payout, or Platform Fee but otherwise remain subject to these terms.

Viven.aicharges Experts a platform fee on each Paid Call for which proceeds are routed to the Expert (the “Platform Fee”). The Platform Fee is disclosed in the Service as either a percentage of the Listed Price or a monetary amount, is subject to change, and is automatically deducted from the proceeds of each Paid Call before payout to the Expert. No Platform Fee is charged on Paid Calls for which proceeds are routed to an Approved Charity in accordance with the section below titled “Charity Donations.” Viven.ai may change the Platform Fee or its fee structure upon reasonable notice (including by posting the updated fee in the Service), and any such change will apply to Paid Calls booked after the change takes effect.

Following the Holding Period described above under “Booking and Payment by Clients,” the proceeds of a Paid Call, less the Platform Fee, are transferred to the Expert's Stripe connected account and paid out to the Expert's linked bank account in accordance with Stripe's payout schedule. Payouts are not instant, and the Holding Period is separate from, and in addition to, the time Stripe's own payout schedule takes to deposit funds into the Expert's bank account. Viven.ai does not control the timing of payouts or bank deposits, does not manually transfer funds to Experts, and is not liable for any delay, error, or loss caused by Stripe, by any bank, or by inaccurate or incomplete payout or identity information provided by an Expert. Experts are solely responsible for maintaining accurate payout and identity information, completing any verification that Stripe requires, and monitoring their payout activity through the tools that Stripe makes available. Viven.aimay withhold, delay, offset, or recover payouts as described in the section below titled “Refunds, Chargebacks, and Withholding.”

Experts may elect, through the Service, to route the proceeds of their Paid Calls to a charitable organization designated within the Service (an “Approved Charity”). Where an Expert has made such an election and a valid connected account for the selected Approved Charity is available, the full Listed Price paid by the Client (less payment processing fees) is, following the Holding Period, transferred directly to the Approved Charity's connected account, no Platform Fee is charged, and the Expert receives no personal payout for that Paid Call. Charity-routed proceeds are not routed through the Expert's connected account or bank account. If the selected Approved Charity's connected account is unavailable or not properly configured at the time of booking, the proceeds will instead be routed to Viven.ai's account, and Viven.aiwill remit them to the Expert's selected Approved Charity (or, if that is not reasonably practicable, to a comparable Approved Charity) at such time and in such manner as Viven.ai reasonably determines. You acknowledge and agree that: (a) an Expert who routes proceeds to an Approved Charity is not an agent or representative of that charity, and Viven.aiis not affiliated with, and does not solicit contributions on behalf of, any Approved Charity; (b) a Client's payment for a Paid Call is a payment for the Call and is not a charitable contribution by the Client, and Viven.ai makes no representation that any payment or remittance will be tax-deductible for any person; (c) Viven.ai does not guarantee that any Approved Charity will issue tax receipts or acknowledgments; and (d) Viven.ai may add, remove, or replace Approved Charities, and may modify or discontinue charity routing, at any time.

An Expert may cancel a Call through the Service (currently, through the “Calls” tab) at any time before its scheduled start time. Clients may not cancel a Paid Call through the Service; a Client who is unable to attend should contact the Expert or support@twincafe.comas early as possible. A cancellation processed through the Service before the scheduled start time results in a full refund of the amount paid by the Client. Declining a calendar invitation, responding “no” to an RSVP, or otherwise communicating with the other participant (whether within or outside the Service) does not constitute a cancellation and will not, by itself, result in a refund.

Viven.ai does not currently provide refunds for Calls that a Client or an Expert fails to attend, and there is no in-product mechanism to request a refund for a no-show. Experts and Clients are responsible for resolving no-shows between themselves. If you believe you are entitled to a refund in connection with a no-show or any other payment matter, you may contact support@twincafe.com. Viven.ai may, in its sole discretion, review the matter and issue a full or partial refund, but it is not obligated to do so.

Viven.aimay automatically issue a full refund to a Client where (a) payment succeeds but the Paid Call cannot be confirmed (for example, because the requested slot is no longer available, the Expert's Calls Availability settings have changed, or a calendar invitation could not be created); (b) a confirmed Paid Call is cancelled before its scheduled start time through the Service or through a calendar application connected to the Service; or (c) a Paid Call cannot proceed due to a technical failure or other platform issue. Refunds are returned to the original payment method and are subject to Stripe's processing timelines. Viven.ai does not currently offer partial refunds, credits, or goodwill adjustments through the Service, but reserves the right to issue refunds in other circumstances in its sole discretion.

Experts acknowledge that if a Paid Call is refunded during the Holding Period, before any transfer of proceeds has occurred, no transfer will be made and Viven.ai will retain no Platform Fee on that Call. Viven.aiis not responsible for a Paid Call disputed after the Holding Period has ended and proceeds have already been transferred to the Expert's (or the Approved Charity's) connected account. Any resulting negative balance in an Expert's connected account may be offset against the Expert's future payouts or otherwise recovered from the Expert. If a Client disputes a charge with their card issuer or payment provider (a “Chargeback”), Viven.ai may withhold, delay, or offset payouts to the affected Expert (or Approved Charity) while the dispute is pending, and the Expert agrees to reimburse Viven.ai for, and authorizes Viven.aito recover from the Expert's connected account balance or future payouts, the amount of any Chargeback, refund, reversal, fee, or penalty attributable to a Call offered by the Expert, together with any associated processing fees. Experts agree to cooperate with Viven.ai and Stripe, including by promptly providing requested information and documentation, in connection with any Chargeback or dispute. Excessive Chargebacks, refunds, or disputes, or any suspected fraudulent activity, may result in suspension or termination of your account and the withholding of payouts.

As an Expert, you represent, warrant, and agree that you will: (a) provide accurate and complete information about yourself, your qualifications and experience, and the Calls you offer, and not make false, misleading, or unsubstantiated claims; (b) hold and maintain any license, registration, permit, or authorization required under applicable law to provide the services or advice you offer in Calls, and provide advice only within the scope of your qualifications; (c) conduct Calls professionally, on time, and in compliance with applicable law and these terms; (d) not use any Digital Twin or other AI feature of the Service in connection with a Call to generate any Output prohibited under the Acceptable Use section of the Terms of Service; (e) not solicit or accept payment outside of the Service for Calls arranged through the Service, and not otherwise circumvent the Service's booking or payment features or any Platform Fee; (f) comply with Stripe's terms and any other payment processor requirements applicable to you; and (g) be solely responsible for any agreements, disclosures, confidentiality obligations, or professional duties that apply between you and your Clients. You further acknowledge that you provide Calls as an independent contractor and that nothing in these terms creates an employment, agency, joint venture, franchise, or partnership relationship between you and Viven.ai.

As a Client, you agree to: (a) attend Calls on time and be prepared to participate; (b) treat Experts with courtesy and respect; (c) provide accurate booking and contact information; (d) not record, transcribe, or distribute any Call or any portion thereof without the consent of all participants; and (e) not use Calls to harass, threaten, or abuse any Expert or to engage in any activity prohibited by these terms or the Terms of Service.

Calls may not be recorded, transcribed, or distributed by any participant without the consent of all participants, except where recording, transcription, or similar features are expressly enabled by Viven.ai through the Service, in which case participants will be notified of the applicable feature and consent to it by joining or continuing to participate in the Call. Any AI-generated summaries, transcripts, recommendations, or other automated outputs relating to a Call constitute Output subject to the Intellectual Property Rights and AI Output section of the Terms of Service, may contain errors or omissions, and should be independently verified before being relied upon.

Any advice, information, opinions, or other content provided by an Expert in connection with a Call is solely that of the Expert. Viven.ai does not endorse any Expert; does not supervise, direct, or control the content or conduct of any Call; and does not guarantee the accuracy, completeness, legality, quality, or usefulness of any advice, information, or services provided in connection with a Call. Viven.ai may, but is not obligated to, verify the identity or credentials of Experts, and no such verification constitutes a guarantee of an Expert's identity, qualifications, licenses, or abilities unless expressly stated in the Service. Calls do not constitute, and are not a substitute for, professional legal, medical, mental health, financial, tax, or other regulated advice from an appropriately licensed professional, and you should consult such a professional where appropriate. Where an Expert uses a Digital Twin or other AI assistance in connection with a Call, Viven.aior the Expert will use reasonable efforts to disclose when you are interacting with AI rather than with the Expert directly, and you acknowledge that some interactions offered under an Expert's name may involve AI-generated Output.

Experts are solely responsible for determining, reporting, collecting, remitting, and paying any and all taxes, duties, and governmental charges arising from their Paid Calls or from amounts they receive through the Service, including income taxes and any applicable sales, use, value-added, goods and services, or similar taxes. Viven.ai may request tax identification information from Experts and may issue tax forms or report payments to tax authorities where required by applicable law. Viven.ai does not provide tax advice. Unless otherwise stated, Listed Prices and fees are exclusive of taxes.

Paid Calls are part of the Service described in the Terms of Service, including the sections on user conduct, acceptable use, intellectual property and AI output, indemnification, disclaimer of warranties, limitation of liability, dispute resolution, cancellation and termination, and user disputes. Without limiting those terms:

• You may not solicit, offer, or accept payment for any Call arranged through the Service outside of the Service's payment features, or otherwise circumvent any Platform Fee or the Service's booking or payment processes.
• If your account is suspended or terminated, any scheduled Paid Calls associated with your account may be cancelled and refunded to the applicable Clients, and Viven.ai may withhold any pending payouts to the extent reasonably necessary to cover refunds, Chargebacks, or other amounts owed to Viven.ai. Subject to the foregoing, applicable law, and the requirements of our payment processor, any remaining balance in an Expert's connected account will be paid out in accordance with the payment processor's payout schedule.
• You are solely responsible for your interactions with any other user in connection with the Service, including any dispute between an Expert and a Client relating to a Call (including its booking, attendance, content, quality, or outcome, or any request for a refund), and Viven.ai and Viven.ai Affiliates will have no liability or responsibility with respect thereto. Viven.ai reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Questions about these terms may be directed to support@twincafe.com. The Service is available at https://preprod.twincafe.com.