Payments Terms of Service
Last Updated: April 20, 2022
These Payments Terms of Service for Non-European Users (“Payments Terms”) are a binding legal agreement between you and Anonymous Agent Payments that govern the Payment Services (defined below) conducted through or in connection with the Anonymous Agent Platform. When these Payments Terms mention “Anonymous Agent Payments,” “we,” “us,” or “our,” it refers to the Anonymous Agent Payments company you are contracting with for Payment Services.
Anonymous Agent Payments provides payments services to Members publishing, offering and contract Accommodations, Experiences or other Influencer Services, including services in connection with the Open Homes Program and other current and future services provided via the Anonymous Agent Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
Collecting payments from Merchants (“Payin”), by charging the payment method associated with their Anonymous Agent account, such as credit card, debit card, bank account or Stripe account (“Payment Method”);
Effecting payments to Influencers (“Payout”) to a financial instrument associated with their Anonymous Agent account, such as a Stripe account, bank account, a prepaid card, or a debit card (“Payout Method”);
Effecting payments to a third-party Payout Method designated by a Influencer;
Payment collection services; and
Other payment related services in connection with Influencer Services.
In order to use the Payment Services, you must be at least 18 years old, must have an Anonymous Agent account in good standing in accordance with the Anonymous Agent Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
1. Your use of the Payment Services
1.1 Anonymous Agent Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Anonymous Agent Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Anonymous Agent Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Anonymous Agent Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Anonymous Agent Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Anonymous Agent Payments of those Third-Party Services.
1.3 Your Anonymous Agent Account. Anonymous Agent Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Anonymous Agent account. You may authorize a third party to use your Anonymous Agent account if the feature is enabled for your Anonymous Agent account. You acknowledge and agree that anyone you authorize to use your Anonymous Agent account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize Anonymous Agent Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Anonymous Agent Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2.1 Adding a Payment Method. When you add a Payment Method to your Anonymous Agent account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Anonymous Agent Payments or its third-party payment processor(s). You authorize Anonymous Agent Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Anonymous Agent Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Anonymous Agent account so it can be used for a future transaction. You can remove the Payment Method from your Anonymous Agent account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow Anonymous Agent Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Anonymous Agent account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Anonymous Agent Payments generally charges the Total Price due after the Influencer uploads a receipt. However, Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Anonymous Agent Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Anonymous Agent Payments is unable to collect the Total Price due, as scheduled, Anonymous Agent Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested contract is successfully completed, you will receive a confirmation email.
2.6 Currency. Anonymous Agent Payments will process each transaction in USD.
2.7 Payment Restrictions. Anonymous Agent Payments reserves the right to decline or limit payments that we believe (i) may violate Anonymous Agent Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Anonymous Agent, Anonymous Agent Payments, or others to risks unacceptable to Anonymous Agent Payments.
2.10 Your Payment Method, Your Responsibility. Anonymous Agent Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
126.96.36.199 Anonymous Agent Payments may make available to Merchants the option to pay a portion of the contract’s Total Price at the time of contract and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.
188.8.131.52 If you choose a Payment Plan, the Anonymous Agent Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Anonymous Agent Payments will automatically charge the original Payment Method you used to make the contract.
184.108.40.206 If you make a modification to a Plan/Listing made with a Payment Plan, Anonymous Agent Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Bill, you may be required to make an additional partial payment of the new Total Bill at the time of the modification.
220.127.116.11 You agree that by selecting a Payment Plan, you may not be able to pay for the Plan/Listing with a different Payment Method or pursuant to a different payment schedule.
18.104.22.168 If Anonymous Agent Payments is unable to collect your payment, Anonymous Agent Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Anonymous Agent to process the contracts on your behalf. If the Influencer has already started working on a contract, you will be charged based on the plan. You acknowledge that you may incur fees for cancellations pursuant to the Influencer’s cancellation policy.
3.1 Payment. Anonymous Agent Payments generally pays the Total Price of a contract at the time the Influencer’s contract submission is approved/accepted by the Merchant, unless noted otherwise.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Anonymous Agent account. When you add a Payout Method to your Anonymous Agent account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Anonymous Agent Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Anonymous Agent Payments requires for a valid Payout Method may change, and Anonymous Agent Payments may request additional information at any time; failing to provide requested information may result in Anonymous Agent Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Anonymous Agent Payments to collect and store your Payout Method information. Anonymous Agent Payments may also share your information with governmental authorities as required by applicable law.
3.3.1 Subject to and conditional upon successful receipt of the payments from Merchant, Anonymous Agent Payments will generally initiate Payouts to your selected Payout Method within 24 hours after your manual transfer.
3.3.2 Anonymous Agent Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Anonymous Agent Payments may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a contract will be the Total Earnings less applicable fees like Anonymous Agent service fees and applicable taxes. In the event of cancellation of a confirmed contract, Anonymous Agent Payments will remit the amount you are entitled (if any) if Anonymous Agent Payments is able to collect the corresponding amount from the merchant.
3.5 Payout Restrictions. Anonymous Agent Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Anonymous Agent Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume contract cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency. Anonymous Agent Payments will remit your Payouts in USD.
3.7 Limits on Payouts. For compliance or operational reasons, Anonymous Agent Payments may limit the amount of a Payout. If you are due an amount above that limit, Anonymous Agent Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.9 Handling of Funds. Anonymous Agent Payments may combine amounts that it collects from Merchants and invest them as permitted under applicable laws. Anonymous Agent Payments will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. Anonymous Agent Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.11 Different ways to get paid
If you provide Influencer Services jointly with one or more other Influencers as part of a team, business or other organization (“Influencer Team”), Anonymous Agent may make available to such Influencers the option to allocate between the members of the Influencer Team the total Influencer Payout for a contract. Anonymous Agent Payments will execute such payments at the instruction of one or more members of the Influencer Team and is not responsible for any losses related to errors or omissions made by the Influencers in providing such payment instructions.
4. Appointment of Anonymous Agent Payments as Limited Payment Collection Agent
4.1 Each Influencer, including each Influencer Team member, hereby appoints Anonymous Agent Payments as the Influencer’s payment collection agent solely for the limited purpose of accepting and processing funds from Merchants purchasing Influencer Services on the Influencer’s behalf.
4.2 Each Influencer, including each Influencer Team member, agrees that payment made by a Merchant through Anonymous Agent Payments, shall be considered the same as a payment made directly to the Influencer, and the Influencer will provide the Influencer Service booked by the Merchant in the agreed-upon manner as if the Influencer has received the payment directly from the Merchant. Each Influencer agrees that Anonymous Agent Payments may refund the Merchant in accordance with the Terms. Each Influencer understands that Anonymous Agent Payments’ obligation to pay the Influencer is subject to and conditional upon successful receipt of the associated payments from Merchant. Anonymous Agent Payments guarantees payments to Influencer(s) only for such amounts that have been successfully received by Anonymous Agent Payments from Merchants in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Influencer, Anonymous Agent Payments assumes no liability for any acts or omissions of the Influencer.
4.3 Each Merchant acknowledges and agrees that, notwithstanding the fact that Anonymous Agent Payments is not a party to the agreement between you and the Influencer(s), including each Influencer Team member, Anonymous Agent Payments acts as each Influencer’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Influencer(s). Upon a Merchant’s payment of the funds to Anonymous Agent Payments, the Merchant’s payment obligation to the Influencer(s) for the agreed upon amount is extinguished, and Anonymous Agent Payments is responsible for remitting the funds successfully received by Anonymous Agent Payments to the Influencer(s) in the manner described in these Payments Terms. In the event that Anonymous Agent Payments does not remit any such amounts, the Influencer(s) will have recourse only against Anonymous Agent Payments and not the Merchant directly.
This Section 4 is subject to exceptions provided in Section 19.2 for Influencers, including each Influencer Team member, contracting with Anonymous Agent China.
5.1 Fees. Anonymous Agent Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Anonymous Agent Platform.
5.2 Payment Authorizations. You authorize Anonymous Agent Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant contract, or any other Payment Method on file that you authorize in your Anonymous Agent account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Anonymous Agent Payments to collect from you:
Any amount due to Anonymous Agent or Anonymous Agent Payments (e.g., as a result of your contracts, contract Modifications, cancellations, or other actions as a Merchant, Influencer or user of the Anonymous Agent Platform), including reimbursement for costs prepaid by Anonymous Agent or Anonymous Agent Payments on your behalf. Any funds collected by Anonymous Agent Payments will set off the amount owed by you to Anonymous Agent or Anonymous Agent Payments and extinguish your obligation to Anonymous Agent or Anonymous Agent Payments.
Any amount due to a Influencer from a Merchant which Anonymous Agent collects as the Influencer’s payment collection agent as further set out in Section 4 above.
Taxes, where applicable and as set out in the Terms.
Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Merchant, you cancel a confirmed contract).
Any amounts already paid to you as a Influencer despite a Merchant canceling a confirmed contract or Anonymous Agent deciding that it is necessary to cancel a contract in accordance with the Terms, or other applicable cancellation policy. You agree that in the event you have already been paid, Anonymous Agent Payments will be entitled to recover the amount of any such Merchant refund from you, including by subtracting such refund amount out from any future Payouts due to you.
If you owe an amount at any time after a contract, such as with Payment Plan or Recurring Payment charges, contract Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Anonymous Agent Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant contract without any further action on your part. Anonymous Agent Payments will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant contract is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Anonymous Agent Payments may charge the Payment Method related to your contract again or use any other Payment Method on file associated with your Anonymous Agent account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If Anonymous Agent has reason to believe that you as a Influencer participated in fraudulent activity, such as an overpayment scam, contract fraud or other fraud, and Anonymous Agent Payments released the payout for such stay, Anonymous Agent Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Anonymous Agent Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3.1 If Anonymous Agent Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, Anonymous Agent Payments may engage in collection efforts to recover such amounts from you.
5.3.2 Anonymous Agent Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Anonymous Agent Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Influencer’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Influencer’s Anonymous Agent account or the associated services have been provided, whichever is later.
5.3.3 Anonymous Agent Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Anonymous Agent Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Influencer’s future Payouts, after the adjustment is made to the Influencer’s Anonymous Agent account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Anonymous Agent and/or Anonymous Agent Payments by you. Such communications may be made by Anonymous Agent, Anonymous Agent Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Anonymous Agent Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Anonymous Agent Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Anonymous Agent Payments.
5.5.1 Any refunds or credits due to a Member pursuant to the Terms will be initiated and remitted by Anonymous Agent Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Anonymous Agent Payments will initiate the refund process immediately. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Anonymous Agent Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Anonymous Agent Payments will initiate and process the refund as soon as is practicable.
6.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations;
breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
register or use any Payment Method or Payout Method with your Anonymous Agent account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Anonymous Agent Payments or any of Anonymous Agent Payments’ providers or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
6.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Influencer Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, UK or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Anonymous Agent Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Anonymous Agent or Anonymous Agent Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
8.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
8.2 Notwithstanding Anonymous Agent Payments’ appointment as the limited payment collection agent of Influencers pursuant to Section 4, Anonymous Agent Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Anonymous Agent Payments does not have any duties or obligations as agent for each Influencer except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
8.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
8.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
9.1 Except as provided in Section 9.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Anonymous Agent account in any way, you are responsible for the actions taken by that person. Neither Anonymous Agent Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Anonymous Agent Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Influencers pursuant to these Payments Terms or an approved payment request under the Influencer Damage Protection or Japan Influencer Insurance, in no event will Anonymous Agent Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for contracts via the Anonymous Agent Platform as a Merchant in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Influencer, the amounts paid by Anonymous Agent Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Anonymous Agent Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Anonymous Agent Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
9.2 If you reside in Australia and contract with Anonymous Agent Payments Australia, Section 9.1 does not apply, and Anonymous Agent Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Anonymous Agent Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Anonymous Agent Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Anonymous Agent Payments is excluded to the maximum extent allowed by applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Anonymous Agent Payments’ option), indemnify, and hold Anonymous Agent Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
11. Modification, Term, Termination, and other Measures
11.1 Modification. Except as otherwise required by applicable law, Anonymous Agent Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Anonymous Agent Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with Anonymous Agent Payments UK, or Anonymous Agent Payments Australia, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
11.2 Term. This agreement between you and Anonymous Agent Payments reflected by these Payment Terms is effective when you create an Anonymous Agent account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 11.3.
11.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Anonymous Agent account. Terminating this agreement will also serve as notice to cancel your Anonymous Agent account pursuant to the Terms. Without limiting our rights specified below, Anonymous Agent Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Anonymous Agent Payments UK). Anonymous Agent Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Anonymous Agent Payments believes in good faith that such action is reasonably necessary to protect other Members, Anonymous Agent, Anonymous Agent Payments, or third parties.
11.4 Suspension and Other Measures. Anonymous Agent Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Anonymous Agent Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Anonymous Agent, its Members, Anonymous Agent Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
11.5 Appeal. If Anonymous Agent Payments takes any of the measures described in Section 11.3 and 11.4 you may appeal such a decision by contacting customer service.
11.6 Effect of Termination. If you cancel your Anonymous Agent account as a Influencer or Anonymous Agent Payments takes any of the measures described above, Anonymous Agent Payments may provide a full refund to any Merchants with confirmed contract(s), and you will not be entitled to any compensation for pending or confirmed contracts that were canceled. If you cancel your Anonymous Agent account as a Merchant, Anonymous Agent Payments will initiate a refund for any confirmed contract(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Anonymous Agent account or attempt to access and use the Payment Services through an Anonymous Agent account of another Member.
11.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
12. Governing Law and Dispute Resolution
12.1 If you are contracting with Anonymous Agent Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 13 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
12.2 If you are contracting with Anonymous Agent China, these Payments Terms will be governed by and construed in accordance with the laws of the People’s Republic of China (“China Laws”). In this situation, any dispute arising from or in connection with these Payments Terms or use of the Payment Services shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English. This section does not limit any rights which Anonymous Agent Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you.
12.3 If you are contracting with Anonymous Agent Payments UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As an individual consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a competent court in England. If Anonymous Agent wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
12.4 If you are contracting with Anonymous Agent Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Anonymous Agent Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
12.5 If you are contracting with Anonymous Agent Payments Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement.
12.6 If you are contracting with Anonymous Agent Brazil, these Payments Terms will be interpreted in accordance with the laws of Brazil. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with jurisdiction in your place of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil.
13. United States Arbitration Agreement
13.1 Application. This Arbitration Agreement only applies to you if you are contracting with Anonymous Agent Payment US. If you are not contracting with Anonymous Agent Payments US, and you nevertheless attempt to bring any legal claim against Anonymous Agent Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 13 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
13.2 Overview of Dispute Resolution Process. Anonymous Agent Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 13 applies: (1) an informal negotiation directly with Anonymous Agent’s customer service team (described in Section 13.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Anonymous Agent Payments each retain the right to seek relief in small claims court as an alternative to arbitration
13.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Anonymous Agent Payments each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Anonymous Agent Payments by mailing it to Anonymous Agent Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Anonymous Agent Payments will send its notice of dispute to the email address associated with your Anonymous Agent account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
13.4 Agreement to Arbitrate. You and Anonymous Agent Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Anonymous Agent Payments agree that the arbitrator will decide that issue.
13.5 Exceptions to Arbitration Agreement. You and Anonymous Agent Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 13): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Anonymous Agent Platform or Influencer Services. You and Anonymous Agent Payments agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
13.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
13.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Anonymous Agent Payments agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
13.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Anonymous Agent Payments will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
13.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
13.10 Jury Trial Waiver. You and Anonymous Agent Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
13.11 No Class Actions or Representative Proceedings. You and Anonymous Agent Payments acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
13.12 Severability. Except as provided in Section 13.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
13.13 Changes to Agreement to Arbitrate. If Anonymous Agent Payments changes this Section 13 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Anonymous Agent Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Anonymous Agent Payments.
13.14 Survival. Except as provided in Section 13.12 and subject to Section 13.7, this Section 13 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Anonymous Agent account.
14.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Anonymous Agent Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Anonymous Agent Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
14.2 No Waiver. Anonymous Agent Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
14.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Anonymous Agent Payments’ prior written consent. Anonymous Agent Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Anonymous Agent Payments UK).
14.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Anonymous Agent Payments via email or Anonymous Agent Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Anonymous Agent Payments transmits the notice.
15. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
15.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
15.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
15.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
15.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Anonymous Agent for Work, as permitted by your account, you authorize Anonymous Agent Payments to charge your Payment Method for contracts requested by employees at your company or other permitted third-party.
15.5 For any Payout Method linked to your Anonymous Agent account, you authorize Anonymous Agent Payments to store the Payout Method, remit payments using the Payout Method for contracts associated with your Anonymous Agent account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
15.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
16. Contacting Anonymous Agent Payments
You may contact Anonymous Agent Payments regarding the Payment Services using the information below:
ENTITY Anonymous Agent, Inc.
CONTACT INFORMATION firstname.lastname@example.org
Anonymous Agent Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.