Here is a brief overview of the highlights of our Payment Terms:
• Having a Dive wallet allows you to collect DiveCents. When you register your account with us, your Dive wallet will be set-up automatically, too. This means that you will be able to transfer or receive DiveCents to or from other members on our platform from the get-go.
• A DiveCent is our in-app ‘currency’. You can either purchase DiveCents directly from us or receive them from other members as a sign of recognition for the content you create on Dive. DiveCents represent a right for you to use certain functionalities on our platform.
• You can reward other members for the content they stream. You can use the DiveCents in your Dive wallet to make donations to other members, pay entry fees to access exclusive content, or offer them to other members to encourage them to complete ‘quests’.
• Your DiveCents play an important role if we calculate any cash reward to you. You may qualify to request payments from Dive for the content that you stream. The DiveCents that you collect in your Dive wallet are an important factor in determining the amount that you may be able to receive as cash payments made directly to your bank account for the streams you have created.
• We offer tools for you to give feedback or report inappropriate or illegal conduct. If you think another member has violated your intellectual property rights, our Terms of Service, one of our principles or other applicable guidelines or terms, or any applicable law, you can make a report to us by emailing email@example.com or by using the in-app reporting tool.
Last Update: May 2020
Dive is fundamentally a free-to-access and use platform. That being so, we offer an opportunity for you to enhance your experience on Dive by using DiveCents. With DiveCents, you are able to participate in our entertainment marketplace in many more enhanced ways, such as by offering donations to other members; rewarding others for completing quests; or using DiveCents to access exclusive content.
The following Payment Terms (“Payment Terms”) govern the use of DiveCents on the Dive Platform GmbH (or any of our affiliate companies) (“Dive”, “we”, “us”, or “our”) website (www.diveee.com) or any other of our websites, our mobile applications, or any other products or services offered by Dive (collectively, we shall refer to these as the “Services”).
Please read these Payment Terms carefully. These Payment Terms form a legally binding agreement between you and Dive. Our Customer Support team is available to you if you have any questions regarding our Services or these Payment Terms, please contact the team at firstname.lastname@example.org.
If there are any inconsistencies between these Payment Terms and our Terms of Service, or any other guidelines or terms that are incorporated herein by reference, the provisions of these Payment Terms are to take priority.
All monetary values specified in these Payment Terms are denominated in Euro (€). For our own purposes, we peg DiveCents to the value of the Euro.
1. How to set up your Dive wallet
When you register an account with us in accordance with our Terms of Service, you are required to enter certain key information about yourself, such as your real name. At that time, you are not required to provide us with any payment method information, such as credit card details or a billing address. Don’t worry though, you can always add a payment method at a later date, if you decide to do so after a while.
Your Dive wallet is set-up automatically when you register your account with us, and will allow you to collect (receive) DiveCents from other members, as well as transfer those DiveCents to other members without having to add any further details. However, in order to purchase DiveCents you will have to have a valid payment method added to your account.
By providing valid payment method information, which we accept in the country in which you reside, and authorising payments to Dive with your payment method, you represent and warrant to us that:
• you are legally authorised to provide such information;
• you are legally authorised to make payments using the payment method you have provided;
• if you are an employee or agent of a company or person who owns the payment method, you are authorised by the company or person to use the payment method to make or receive payments on the Services;
• if you are a minor using our Services with the consent of your parent or legal guardian, you make or receive payment on our Services only with the permission of your parent or guardian; and
In most locations, transfer of funds to us on our Services can be effected by using one of the following payment methods: credit card, PayPal, Google Pay, Apple Pay or in-app purchases. Different payment methods may apply in certain locations. Separate from these Payment Terms, you are subject to all terms and conditions of the payment method you choose, so please also read those carefully.
2. Our relationship with third party payment processors
When you authorise for a transfer of funds to take place while using our Services, the processing of that transfer (such as the collection of funds from your bank account when you purchase DiveCents) is not actually authenticated by us, but rather by a third party payment processor (we shall refer to them collectively as “Payment Processors”) on our behalf.
We partner with Payment Processors, such as Stripe and TransferWise, who carry out the task of collecting or transferring funds from or to you on our behalf. Subject to the below paragraph, all payment services in connection with the collection of funds in relation to any of our Services are performed by Dive’s Payment Processors. Please read the terms and conditions and privacy policies of our Payment Processors carefully.
We ask you to acknowledge that in certain circumstances, Dive itself may transfer funds directly to you. This could be the case for example if you make a request to us to receive a cash payout in exchange for the performances you have given on our Services. Under normal circumstances, this is a transfer to you that our Payment Processor would effect on behalf of Dive. However, where that transfer of funds cannot be effected by our Payment Processor because your bank does not support that Payment Processor, Dive itself will make a direct transfer from its bank account to your bank account.
3. What are DiveCents?
DiveCents are our in-app ‘currency’ which can be used exclusively within the ecosystem of our Services. You may collect DiveCents into your Dive wallet by either making a payment to us in accordance with Section 4 below; being awarded them through interactions with other members; or by receiving them gratuitously from us, at our sole discretion.
DiveCents have no monetary value (i.e., they are not a cash or cash equivalent) and do not constitute currency or property of any type. DiveCents are transferred through our Services by members to express satisfaction to other members for the content they create or for the completion of a quest. The gesture of rewarding another member with a given number of DiveCents is nothing more than a token of appreciation for their content and is never a transfer from one member to another of any “real world” value.
DiveCents can only be denominated in whole numbers; no fractions of DiveCents can exist on the Dive Services. In circumstances where any transfer through our Services culminates in a fraction of a DiveCent, we shall always round that fraction up to the nearest whole DiveCent.
You are expressly prohibited from acquiring or exchanging any “real money” or anything else of monetary value via our Services, and transfers of DiveCents by you outside of what we permit on our Services are strictly forbidden. This means you may not transfer or sell DiveCents for cash or cash equivalents to third parties, including other members, or otherwise acquire or exchange items for value outside of the Services. Any member who is discovered to be doing so will have their account disabled and any DiveCents accumulated and remaining in their Dive wallet at that time that may otherwise have qualified for a cash payout may be forfeited and may not be reinstated.
We do not guarantee that DiveCents will be available at all times or at any given time, nor do we guarantee that we will continue to offer DiveCents for any particular length of time. We may modify DiveCents at our sole discretion, and such modifications may make DiveCents more or less common, desirable, effective, or functional. We may also immediately suspend or terminate DiveCents for any or no reason, in our sole discretion, and without advance notice or liability.
4. How do I purchase DiveCents?
If you would like to participate in our entertainment marketplace more actively by offering DiveCents to other members in exchange for the content that they create, you will need to collect DiveCents yourself in your Dive wallet. One way of doing this is to make a payment directly to Dive in exchange for the limited right to use DiveCents.
Once you have successfully authorised payment to Dive for a number of DiveCents, we shall credit your Dive wallet with the number of DiveCents that your payment amount equates to. We use the Euro as our base currency, meaning that upon purchase, DiveCents are pegged to the value of the Euro.
As we have made clear in Section 3 above, DiveCents have no monetary value or real-world existence. Instead, your payment for DiveCents is the transfer to us of cash funds in exchange for a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use DiveCents (the “Right”) as part of our Services under these Payment Terms and any other applicable guidelines or terms we provide at the time. Accordingly, you have no other interest, including no property, proprietary, intellectual property, ownership, or monetary interest, in DiveCents, which remain our content and property.
To be extra clear here, your purchase of DiveCents is the purchase of a service (or functionality) from us, which is merely represented by way of DiveCents. You acknowledge that once you have transferred funds to us, those funds belong to Dive exclusively and are never intended for any other third party, including any other member using the Dive Services. The DiveCents that you have purchased the Right to use on our Services are a tool for you to endorse the performances that other members provide by way of their live streams, and any transfer by you of DiveCents is for representation purposes only.
If you decide to purchase DiveCents, we shall display to you both the number of DiveCents, as well as the amount in your chosen local currency that that number of DiveCents equates to at the base exchange rate. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior business day, or, if required by law or regulation, set at the relevant government reference rate(s) (the “Base Exchange Rate”). Please note that although we shall use our reasonable efforts to ensure that local currencies are displayed, we cannot guarantee that at all times your chosen local currency equivalent will be displayed. You agree to transfer funds to Dive in exchange for the Right at an amount of 1 euro cent (€0.01) per DiveCent. Please note that we may limit the total number of DiveCents that may be purchased at any one time or that may be held in your Dive wallet at our sole discretion.
You are able to select any local currency as your default currency for display and representation purposes in your Dive wallet. You may decide to change the default currency at any time.
After you have selected the number of DiveCents you wish to purchase in any particular transaction, your authorising payment (1) signifies your agreement to and acceptance of the displayed Base Exchange Rate, if applicable, and (2) authorises us to debit the payment method that you have provided us with to use for payment for the purchase of DiveCents.
If your bank declines the payment to us for whatever reason, you will usually not receive any DiveCents in your Dive wallet. However, if DiveCents are credited to your Dive wallet, and we are unable to collect payment from your bank via your chosen payment method, we reserve the right to attempt to collect payment, including retaining a collection agency to collect the outstanding payment on our behalf, from any other payment method registered on your account.
When purchasing DiveCents while using our mobile application, you may be offered the opportunity to make that purchase by way of in-app purchase from an “App Provider” (App Store or Google Play). You acknowledge and agree that all billing and transaction processes in relation to any in-app purchases made by you are handled by the App Provider from whose platform you downloaded our mobile application and are governed by that App Provider’s terms and conditions. If you have any payment related issues with in-app purchases, then you need to contact the App Provider directly. Please refer to the settings on your device in order to manage your use of in-app purchases while using our mobile application.
After you have successfully purchased DiveCents for the first time, you may be able to set up an automatic top-up function, which will automatically add your pre-selected number of DiveCents to your Dive wallet using your preferred saved payment method should the amount of DiveCents you have in your Dive wallet fall below a certain number of DiveCents (“Auto Top-Up”). By enrolling for Auto Top-Up, you authorise us to charge your preferred saved payment method by the amount in Euros at the Base Exchange Rate that the number of DiveCents that you have pre-selected to auto top-up with equates to. We reserve the right to discontinue or modify our Auto Top-Up function at any time.
You agree that all transfers of funds to us in exchange for the Right are final (non-refundable and non-transferable) except as expressly provided for in these Payment Terms. We reserve the absolute right, at any time and in our sole discretion, to manage, regulate, control, modify or eliminate DiveCents that you collect in your Dive wallet as we see fit, including the right to discontinue our Services (in whole or in part) for any reason, and we shall have no liability to you or anyone for the exercise of such rights.
In any case required, we may impose an additional transaction fee based on transactions associated with our Service. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
5. Am I able to get a refund after I purchase DiveCents?
We consider any transfer of funds to us in exchange for the limited right to use DiveCents to be final. What this means for you is that you should be absolutely sure that you wish to pay for the Right, before you authorise the transfer of funds, because except as outlined below in this Section or as required by applicable law, all transfers to us by you in exchange for DiveCents are non-refundable. If you are using a payment method on behalf of someone else, it is your responsibility to ensure that you have that person’s authorisation before you agree to transfer funds.
You agree not to initiate any chargeback procedure via your payment method to charge back any fees charged to you pursuant to these Payment Terms for any reason. A chargeback in breach of the foregoing obligation is a material breach of these Payment Terms. If you initiate a chargeback in violation of these Payment Terms, you agree that we may dispute or appeal the chargeback and institute collection action against you and take such other action as we may deem appropriate in the circumstances.
You have the right to request for the funds you transfer to us in exchange for DiveCents to be returned to you within 14 days of that transfer of funds, without giving a reason. This means that there is a ‘cooling off’ period after you purchase DiveCents, allowing you to request a refund for the full amount, should you change your mind for whatever reason. Please note that you are only able to request a refund for the full amount; we shall not be able to make a refund to you relating to part of a transaction. This right of refund applies to each separate transfer of funds you make individually. Any right to a refund during the ‘cooling off’ period that you may have shall be revoked if you decide to use any of the DiveCents transferred to you by us in that given transaction on any of our Services.
We guarantee a full refund for the total amount in Euro paid by you if you request and qualify for a refund. Please note that if you transferred funds to us in a currency other than Euro and you successfully requested a refund from us, the amount returned to you would be based on the Base Exchange Rate of the date of refund. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same Euro value.
6. Transferring DiveCents to other members
Another way of collecting DiveCents is to receive or ‘earn’ them from other members. Any DiveCents transferred on our Services are held initially by Dive in the stream to allow Dive to conduct certain verification checks. Once these verification checks have been completed satisfactorily, the DiveCents, minus a service fee, may be released to the intended recipient, as detailed in this section.
As a member viewing content being streamed by another member, you may decide that you would like to request the live streamer to complete a quest in return for you transferring them a number of DiveCents. If the live streamer accepts and completes your quest, then the amount of DiveCents that you selected to offer that creator will be taken from your Dive wallet and will be held by us in transit for any amount of time necessary to validate the transfer and verify that the DiveCents pledged by you are suitable to be transferred to the creator’s Dive wallet. Once Dive has completed that verification exercise, and if the DiveCents are released to the live streamer, at this point, we apply a service fee on this transfer of DiveCents (our “Service Fee”). You acknowledge that the amount of DiveCents awarded to you for completion of a quest will be subject to the Service Fee.
In circumstances that we are made aware that a quest is not completed as desired by the requesting member, but the pledged DiveCents subsequently transfer from the requesting member’s Dive wallet, we may reinstate the amount of DiveCents after reasonable investigation by us. In this situation, please contact our Customer Support team at email@example.com to provide further details. We shall take any action we deem necessary to put a stop to any creator accepting quests but not completing them, which is in breach of our Community Principles.
There are of course several other ways to support other members of the Dive community by offering DiveCents to them, including paying entry fees to specific ‘closed’ streams, or making a donation to another member. Each of these transfers is effected in the same way as a transfer for the completion of a quest as described in the preceding paragraphs, namely that the DiveCents are placed in a Dive intermediary account for verification purposes, before being transferred to the recipient Dive wallet where the verification process is completed successfully, minus the Service Fee.
In circumstances where our verification checks are not completed satisfactorily, or where a dispute has been raised and resolved in the favour of the original transferor of the DiveCents, we may either return up to the full amount of DiveCents originally pledged to the transferor’s Dive wallet, or confiscate and extinguish the Right in an amount of or all of the pledged DiveCents. An example of when we may consider it appropriate to confiscate DiveCents is where the transferor pledged a number of DiveCents in order for the creator to complete an inappropriate or illegal quest.
7. Subscription services
Some of the additional features that we offer on our Services can only be accessed by premium members. In order to become a premium member, you may, in certain circumstances and at our sole discretion, be offered the benefits by us at no cost to you, or you may decide to subscribe and become a premium member to access these additional features by paying an amount to us each month (the “Subscription Services”).
The Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. We reserve the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. If you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.
You are responsible for all charges incurred under your account. We reserve the right to deactivate Subscription Services to your account if payment is past due, regardless of the amount.
If you choose a Subscription Service, you hereby grant us permission to automatically charge the subscription fee to your saved preferred payment method at the beginning of each applicable payment period until you cancel the Subscription Service. Your access to the Subscription Services will not be established until we have verified that the payment method you have provided Dive for payment is valid.
You further agree that we may charge any other applicable fees for our Services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.
We reserve the right to suspend or terminate your access to any Subscription Service that is a part of our Services without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charges.
You may cancel your Subscription Service at any time. Your cancellation is effective at the end of the current payment period.
8. VAT and other Taxes
You are responsible for any applicable taxes or levies including, without limitation, withholding income tax or VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as “VAT”) or fees payable in connection with your purchase or sale of any products or services supplied by or to Dive for yourself or as a gift through any of our Services (collectively, the “Taxes”). As the purchaser of any products or services, or by transferring funds to Dive in exchange for DiveCents for another member as a gift, Taxes on that transaction will be calculated based on your country of residence. If you do not pay such Taxes on a transaction, you will be responsible for such Taxes in the event that they are later determined to be payable.
We reserve the right to collect or withhold Taxes from you at any time, as required by applicable law. In such instances, any amounts that Dive is required to collect or withhold for the payment of any such Taxes shall be collected in addition to any other fees we may charge you pursuant to these Payment Terms. We reserve the right to instruct a collection agency to collect any outstanding Taxes payments owing to us on our behalf
9. Foreign currency conversion
We shall use our reasonable efforts to ensure that your Dive wallet will display the amount in your chosen local currency that the number of DiveCents you have represents. As noted previously in these Payment Terms, any representation of amounts in local currency is for display and representation purposes only.
Your DiveCents are always pegged to the value of Euro, even if they are displayed in another local currency. Therefore, should you choose to view your Dive wallet balance in any currency other than Euro, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same Euro value. You always have the option to view your DiveCents in Euro by changing your selected displayed currency.
You may authorise payment on any of our Services in any local currency supported by us. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by our Payment Processors. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in Euro even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before the transaction is completed.
10. Requesting a cash payout
One of the many awesome features of Dive is the opportunity to receive DiveCents from other members of the community as a gesture of their appreciation for the content that you are streaming. Receiving DiveCents into your Dive wallet in exchange for completing quests for example means that you may begin to accumulate large numbers of DiveCents. You may be entitled to request a cash payout from Dive if certain provisions of this Section apply, and the value of this cash payout will be calculated using a number of different factors, including the number of “collected” DiveCents in your Dive wallet at the time you submit your request.
You acknowledge that DiveCents are not intended to be used as a means to provide compensation or financial support to you, and Dive makes no assurances to you that in return for streaming your live content on our Services, you will receive any financial benefit.
In order to ensure that our Services are not being used for any inappropriate or unlawful purposes, we operate a safety clearance period of up to 14 days, meaning that you may not be able to request a cash payout in relation to content you have streamed in the previous up to 14 days. We (on our own behalf or on behalf of any third party KYC agency that we may employ the services of from time to time) also reserve the right to request additional information to satisfy KYC requirements from you should you wish to make a withdrawal from your Dive wallet, including original documents, and to verify documents with issuing institutions.
To request a payout from your Dive wallet, your Dive wallet must have at least one valid payment method saved. You must also have collected more than 10,000 DiveCents in your Dive wallet not subject to the safety clearance requirement as set out in the paragraph above to make such a request. You acknowledge that “collected” DiveCents are displayed separately from “purchased” DiveCents (meaning the DiveCents that you have purchased yourself from Dive) in your Dive wallet, and that you shall only be able to request a withdrawal based on the number of DiveCents you have collected (i.e., those DiveCents rewarded to you by other members for completing quests, for example).
Once we receive a payout request, we shall communicate our cash offer to you (our “Offer”). Our Offer will be displayed to you in Euros and is our final offer and cannot be negotiated. The value of our Offer (which should you accept, you shall receive in cash), is calculated using various factors including the number of DiveCents you have collected, the number of likes you have received from other members and your streaming activity. Our Offer will include a deduction of a withdrawal fee which we apply to all withdrawals from our Services in order to cover our own costs. You may either accept or decline our Offer.
If you decide to accept our Offer, we shall deduct the number of “collected” DiveCents from your Dive wallet, and credit your designated bank, Paypal or other account with cash funds, subject to any exchange rate or other fees applied to the transaction by your bank, as applicable. We recommend reading the terms and conditions applicable to your own accounts in order to better understand what those fees may look like. Once that payment of cash to you has been processed, the receipt of that cash by you will be subject to timescales imposed by the banking clearing system in the country that you have your bank account in.
11. Restricting Access to DiveCents
In order to protect against the risk of liability, at times, we may restrict your access to the DiveCents in your Dive wallet based on certain factors, including, but not limited to, your behaviour while using our Services, returns, transaction value, the filing of a case, or if there is any suspicion of money laundering or using your Dive wallet for the making of unlawful payments. This may result in Dive confiscating the DiveCents you have in your Dive wallet and extinguishing any Right that you may have had to those DiveCents.