Terms of Service

1. Acceptance of Terms

Welcome to GetClose ("Platform," "Service," "we," "us," or "our"), operated by GetClose, accessible at getclose.co and through any associated mobile applications. By accessing or using the Platform, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Service.

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility

You must be at least 18 years of age to use the Platform. By creating an account, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding agreement, have not been previously suspended or removed from the Platform, and that your use of the Platform will not violate any applicable law or regulation. We reserve the right to request proof of age at any time and to terminate accounts that do not meet this requirement.

3. Account Registration and Security

To use certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration, to maintain and promptly update your account information, to maintain the security and confidentiality of your login credentials, to notify us immediately of any unauthorized use of your account, and to accept responsibility for all activity that occurs under your account. You may not use another person's account without authorization. We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are used fraudulently.

4. Platform Description and User Types

GetClose is a paid messaging platform that enables direct communication between creators and their fans.

Fans purchase credits to send messages to Creators and receive responses.

Creators are public figures, influencers, artists, and other individuals who receive and respond to paid messages from Fans. Creators set their own message pricing and manage their availability on the Platform. By sending a message to a Creator, you acknowledge and agree that your message may be read and responded to by the Creator or by authorized members of their team. All communications from a Creator's account, whether sent by the Creator personally or by their authorized team, are considered official communications from that Creator.

The Platform facilitates communication and payment processing between Fans and Creators but is not responsible for the content or quality of individual messages.

5. Credits, Payments, and Pricing

Credits: Fans purchase credits through the Platform to send messages to Creators. Credits are purchased in predefined bundles at prices displayed on the Platform. Credits are non-transferable between accounts and have no cash value, expiration date, or monetary equivalent outside of the Platform.

Message Credits: Each message costs one credit. Creators set their own credit package pricing with optional bulk discounts. Credits are deducted from your balance at the time each message is sent. Package pricing may change at any time at the Creator's discretion; however, credits already purchased retain their value.

Payment Processing: All payments are processed securely through our third-party payment processor, Stripe. By making a purchase, you agree to Stripe's terms of service. We do not store your full credit card information on our servers.

Creator Payouts: Creators receive payment for messages they respond to, subject to the Platform's commission. Payout schedules and minimum thresholds are detailed in the Creator dashboard. The Platform reserves the right to withhold payouts in cases of suspected fraud, chargebacks, or Terms violations.

Refunds: Credit purchases are generally non-refundable. Refunds may be issued at the Platform's sole discretion in cases of unauthorized transactions, technical errors that prevented message delivery, or other circumstances we deem appropriate. To request a refund, contact our support team. Chargebacks initiated without first contacting our support team may result in account suspension.

Taxes: You are responsible for any applicable taxes associated with your use of the Platform. Creators are responsible for reporting and paying all income taxes on earnings received through the Platform.

6. User Conduct and Content Guidelines

You agree not to use the Platform to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; that exploits, harms, or attempts to exploit or harm minors in any way; that constitutes spam, unsolicited advertising, or promotional material; that infringes upon any third party's intellectual property rights, privacy rights, or other proprietary rights; that contains viruses, malware, or any other harmful code; that impersonates any person or entity or misrepresents your affiliation with any person or entity; that violates any applicable local, state, national, or international law; or that facilitates illegal activity of any kind.

We reserve the right to review, moderate, and remove any content that violates these guidelines at our sole discretion. Repeated violations may result in temporary or permanent account suspension.

7. No Guarantee of Response

Sending a message to a Creator does not guarantee a response. Creators are independent users of the Platform and manage their own availability and response schedules. GetClose does not guarantee any specific response time, response rate, or quality of response. The Platform is not responsible for any Creator's failure to respond to messages. Refunds are not automatically granted for unanswered messages.

8. Intellectual Property

Platform IP: All content, features, and functionality of the Platform — including but not limited to text, graphics, logos, icons, images, audio clips, software, and compilations — are owned by or licensed to GetClose and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content: You retain ownership of any content you submit through the Platform. By submitting content, you grant GetClose a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform such content solely in connection with operating and providing the Service. This license terminates when your content is deleted from the Platform, except where your content has been shared with other users who have not deleted it.

Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Platform or its content, reverse engineer or attempt to extract the source code of any software that is part of the Platform, use any automated system, including bots, crawlers, or scrapers, to access the Platform, or use the Platform's trademarks without prior written consent.

9. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand how we collect, use, and protect your personal information.

10. DMCA and Copyright Complaints

We respect intellectual property rights and expect our users to do the same. If you believe that content on the Platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated copyright agent at support@getclose.co. Your notice must include identification of the copyrighted work claimed to have been infringed, identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material, your contact information, a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, and a statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

11. Termination

You may terminate your account at any time by contacting support or through your account settings. We may suspend or terminate your account at any time, with or without cause, with or without notice, including but not limited to violations of these Terms, fraudulent or illegal activity, extended periods of inactivity, or at the request of law enforcement or government agencies. Upon termination, your right to use the Platform ceases immediately. Any credits remaining in your account at the time of termination are non-refundable unless required by applicable law. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.

12. Disclaimers

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any content on the Platform. We make no representations or warranties regarding the conduct of any user, including Creators. Your use of the Platform is at your sole risk.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall GetClose, its officers, directors, employees, agents, affiliates, successors, or assigns be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Platform; any conduct or content of any third party on the Platform, including without limitation any defamatory, offensive, or illegal conduct of other users or third parties; any content obtained from the Platform; or unauthorized access, use, or alteration of your transmissions or content. In no event shall our total aggregate liability exceed the greater of one hundred U.S. dollars ($100.00) or the amount you have paid to GetClose in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless GetClose, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform, your violation of these Terms, your violation of any rights of another party, any content you submit through the Platform, or your violation of any applicable laws or regulations.

15. Dispute Resolution and Arbitration

Informal Resolution: Before filing any formal claim, you agree to first contact us at support@getclose.co and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the English language in the State of Delaware, United States. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and GetClose each waive any right to a jury trial.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

17. Third-Party Services

The Platform integrates with third-party services including but not limited to Stripe for payment processing, Supabase for authentication and data storage, Resend for email delivery, and Vercel for hosting. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of any third-party services. Links to third-party websites or services do not constitute endorsement by GetClose.

18. Electronic Communications

By creating an account, you consent to receive electronic communications from us, including but not limited to emails, push notifications, and in-platform messages. These communications may include account notifications, transactional messages, marketing and promotional materials, and platform updates and announcements. You may opt out of non-essential communications at any time through your account settings or by using the unsubscribe link in our emails. Opting out of marketing communications will not affect transactional notifications related to your account or purchases.

19. Creator Obligations

Creators agree to provide accurate profile information, respond to messages in good faith, comply with all applicable laws including tax obligations, not engage in deceptive practices regarding their identity or availability, not use the Platform to solicit users to transact outside the Platform, and maintain any necessary business licenses and permits. Creators are independent contractors and are not employees, agents, or representatives of GetClose. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between any Creator and GetClose.

20. Age-Restricted Content

The Platform is intended for users 18 years of age and older. All content shared on the Platform must comply with applicable laws. Users are prohibited from sharing content involving minors and must ensure all content complies with our content guidelines. Violations of this section will result in immediate account termination and may be reported to appropriate law enforcement authorities.

21. Force Majeure

GetClose shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, strikes, government actions, power failures, internet or telecommunications failures, or cyberattacks.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

23. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by us on the Platform, constitute the entire agreement between you and GetClose regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

24. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without consent shall be null and void. GetClose may assign or transfer these Terms, in whole or in part, without restriction and without notice to you.

25. Waiver

The failure of GetClose to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by GetClose.

26. Contact Information

If you have any questions about these Terms of Service, please contact us at support@getclose.co.