Terms of Service

1. Our Services

OAcast provides a multi-tenant infrastructure that allows Creators to host custom websites, upload video content, perform live streams, and publish articles. We provide the technical tools for monetization via subscriptions.

2. The Creator's Responsibility

As a Creator, you are the "Merchant of Record" for your subscribers. You are responsible for:

• The legality of the content you upload.
• The branding and custom domain management.
• Providing customer support to your own subscribers.
• Compliance with local tax laws (VAT/GST) applicable to your subscribers.

3. Intellectual Property

You retain all rights to content you publish through OAcast. We do not claim ownership over any Creator content hosted on the Platform. OAcast retains all rights to the platform software, design, branding, and underlying technology.

4. Payments and Stripe Connect

To receive payments, you must link a Stripe account to the Platform.

• Payment Processing: Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.
• Fees: By using the Platform, you agree to pay OAcast a commission fee on every transaction. This fee is agreed upon individually as part of your Creator agreement and is automatically deducted from your payouts via Stripe Connect.
• Payouts: Funds are transferred to your bank account according to the schedule set in your Stripe Express Dashboard.

5. Content Moderation (DSA Compliance)

In accordance with the EU Digital Services Act (DSA):

• Illegal Content: You may not upload content that is illegal, promotes hate speech, or violates intellectual property rights.
• Notice & Action: We maintain a mechanism for users to report illegal content. If we receive a valid notice, we reserve the right to suspend or remove content or terminate your account.
• Statement of Reasons: If we take action against your content, we will provide a clear explanation of our decision.

6. Data Protection (GDPR)

• Roles: In relation to your subscribers' data, you (the Creator) are the Data Controller, and OAcast is the Data Processor.
• Processing: We process subscriber data solely to provide the service.
• Security: We implement industry-standard technical measures to protect all data hosted on the Platform.

7. Subscriptions and Refunds

• Cancellation: You must provide your subscribers with a clear and easy way to cancel their subscriptions (the "Two-Click" rule).
• Refunds: Refund policies are set by the Creator. However, OAcast reserves the right to issue refunds via Stripe if a transaction is deemed fraudulent or in violation of our safety policies.

8. Indemnification

You agree to indemnify and hold harmless Sibelius EOOD and OAcast from any claims, damages, or expenses (including reasonable legal fees) arising from the content you publish, your use of the Platform, or any breach of these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, OAcast shall not be liable for any indirect, incidental, or consequential damages, including loss of revenue or data, arising from the use of our infrastructure or service interruptions.

10. Termination

You may stop using the Platform at any time. We reserve the right to terminate your access with 30 days' notice, or immediately if these Terms are breached.

11. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes via email at least 30 days before they take effect. Continued use of the Platform after the updated Terms take effect constitutes acceptance.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Bulgaria. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Plovdiv, Bulgaria.

13. Contact Information

For legal inquiries or support, please contact: [email protected]