Terms of Service

The Gist

We run a subscription platform for paid communities called "Subscriby" (hereinafter – "Subscriby Platform") and would love for you to use it. It connects to the community platforms where your members are (Telegram and Discord today, with more connectors on the way) and automates who is admitted to, and removed from, the private spaces you sell access to. Our services are free to try in demo mode, and we offer paid plans for real-world usage with live payment provider integrations and other features. Our services are designed to give you as much control over your project as possible and encourage you to express yourself freely. However, be responsible in what you publish and sell. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in your project. If you find a project running on Subscriby Platform that you believe violates these Terms of Service (hereinafter – "Terms"), please contact us.

Terms of Service

The following Terms govern all use of the Subscriby website, Subscriby Platform, and all content, services, and products available at or through the Subscriby website and the Subscriby Platform (hereinafter taken together – "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Subscriby's Privacy Policy) and procedures that may be published from time to time by Envigo Innovations, LLC (hereinafter collectively – "Agreement"). You agree that we may automatically upgrade our Services without your consent or notice, and these Terms will apply to any upgrades.

These Terms are open and public document. The current effective version of the Terms is located here.

We refer to Envigo Innovations, LLC (mailing address 2261 Market Street STE 86612, San Francisco, California, 94114, USA), as "Subscriby" or "we" throughout this Terms of Service.

We refer to the user of the Services as "User" or "you" throughout these Terms. The term "User" will be used as meaning either you or the entity on behalf of which you are accepting the Terms. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms and the Agreement. If you do not agree to all these Terms and the Agreement, then you may not access or use any of our Services.

You accept these Terms when you tick the box at sign-up, when you continue the sign-up conversation on a connected platform, and each time you use the Services. You are responsible for complying with the laws and regulations that apply to you.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides his/her personal information to our Services represents and warrants that he/she is 16 years of age or older.

Use of our Services requires an Subscriby account. You create it with your email address and a password or passkey, or by signing in through a connected platform such as Telegram; you may link accounts on connected platforms to it later. You will be solely responsible and liable for any activity that occurs under your Subscriby account, any linked account and your projects. You are responsible for keeping your Subscriby account secure, which means you must keep each linked account secure as well.

Please note that these Terms do not apply to any of our products or services that have or might have a separate Terms, including services of third-party content creators. You have to study their terms before commencing any work with them as we assume no responsibility for it. Within that we would like to separately draw your attention that we bear no responsibility for quality of their services, any money refunds or non-refunds, and the way they process any confidential and/or private information about you.

Subscriby Platform

• Description

  Subscriby Platform is a subscription platform for paid communities on connected platforms (Telegram and Discord today). It allows every User to create a project, install connectors on it and automate paid access to the channels, groups and other spaces those connectors reach. A project can't be used without Subscriby Platform; you have no right to use a project created using the Subscriby Platform on other platforms and software. Subscriby Platform and the Services are accessible 24 hours per day, 7 days per week. However, Subscriby reserves the right, without providing notice or compensation, to the User, to temporarily suspend the Subscriby Platform or access to the Subscriby Platform in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc. You understand and acknowledge that any delays in the Services are possible.

• Your Subscriby Account and Projects

  If you create a project on Subscriby Platform, you are responsible for maintaining the security of your account and project, including any bot or connected account a connector uses, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the project. You must immediately notify Subscriby of any unauthorized uses of your project, your Subscriby account or a linked account, or any other breaches of security. Subscriby will not be liable for any acts or omissions made by you, including any damages of any kind incurred as a result of such acts or omissions. If you lose access to a linked account, some of your project's connectors may stop working until you link it again.

• Responsibility of the Users

  If you operate a project, post material to Subscriby or on your project, post links on Subscriby Platform or on your project, or otherwise make (or allow any third party to make) any material available (hereinafter any such material – "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content, your project or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Subscriby Platform, you represent and warrant that your Content and conduct do not violate any applicable laws. By submitting Content to Subscriby Platform for inclusion in your project, you grant Subscriby a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your project. If you delete Content, Subscriby will use reasonable efforts to remove it from Subscriby Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Subscriby has the right (though not the obligation) to, in Subscriby's sole discretion (without the User's consent or notice), (i) shut down your project due to prolonged inactivity, (ii) refuse or remove any Content that, in Subscriby's reasonable opinion, violates any Subscriby policy, Agreement or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Subscriby Platform to any User for any reason. Subscriby shall not provide reasons for its actions. Subscriby will have no obligation to provide a refund of any amounts previously paid. The User is responsible for its customers and their activities.

• License

  You agree that we may compile aggregated/anonymized statistics of your projects for our internal use to optimize Subscriby's Services. You agree that we may publish your name, logo and feedback in our client lists and on the Subscriby website, unless you ask us not to at support@subscriby.net.

• Features

  Subscriby includes various features, and you can visit Subscriby website to learn more about them.

• Taxes

  You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.

• Acceptable Use

  When using Subscriby Platform and Services, you agree not to:

  • Publish material or engage in activity that is illegal under applicable law.
  • Use the Services to run an adult business.
  • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
  • Upload, post, transmit or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content.
  • Overburden Subscriby's systems, as determined by us in our sole discretion.
  • Disclose the sensitive personal information of others.
  • Send spam or bulk unsolicited messages.
  • Interfere with, disrupt, or attack any service or network.
  • Distribute material that is or enables malware, spyware, adware, or other malicious code, viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
  • Use the Services to pay for, support or otherwise engage in any illegal activities (such as illegal gambling activities, fraud, money-laundering or terrorist activities).
  • Use any robot, spider, crawler or other automated means or interface not provided by us to access to the Services or to extract data.
  • Perform, undertake, engage in any unlawful activity through your relationship with us or through your use of the Subscriby Platform and our Services.
  • Mislead other Users and third parties while using the Subscriby Platform and our Services.
  • Take any actions aimed solely at causing damage to Subscriby or other third parties.
  • Reverse engineer, decompile or otherwise disassemble the Subscriby Platform, Subscriby website or any Subscriby's software.
  • Promise or imply guaranteed returns, publish invented results or track records, or omit a disclaimer your regulator requires, in a trading, crypto or sports-picks community.

  Every platform you connect has terms of its own. They bind you as the owner of the account and of the places you connect, and Subscriby follows them too.

  Use of the Disaster Recovery Program is subject to the following:

  • It exists for creators who were banned or restricted through no fault of their own. It is not a way around Telegram's rules, and there is zero tolerance for using it as one.
  • Each kind of recovery is self-service once per rolling 90 days, counted separately for the account, the bot and the places.
  • Anything beyond that goes through the support team, who audit the account, the places involved and their content, and the history of the bans, and tell you what they found.
  • A confirmed violation of Subscriby's or Telegram's terms closes the account: the recovery is refused, you are told by email why, and your members are told the project has ended.

  We act on reports and on what our own systems notice, and the response fits the case: a warning, removal of the content or the plan, suspension, or closure of the account. Closure for a violation carries no refund, and members are told the project has ended. Repeat violations, and any confirmed violation of a connected platform's terms, close the account.

  Reports go to support@subscriby.net with the portal link, the place or content involved, and the rule it breaks. We reply to every report. Copyright complaints follow the DMCA process on the Compliance page.

• Cancellation

  If you cancel a paid plan, it stays active until the end of the period you paid for and your account then continues on the Free Tier; nothing is deleted by a cancellation. If a plan is past due, we warn you, lock the account (30 days past due on a paid plan, 7 on the Free Tier) and delete the account and its projects only after a further period and a final warning (60 days after the lock on a paid plan, 7 on the Free Tier). If you delete your account yourself, the deletion runs seven days after you confirm, you can cancel it by signing in before then, and on that day your projects, members and payment records are deleted.

• Third Party Services

  You may choose to set up and/or use third party services to collect payments. If you do so, be aware that some of your — and your customers' — data may be passed to the respective third party, and the respective third party's terms of service, privacy policy, and other policies may apply. We are not involved in these relationships.

• Your Responsibilities

  You are solely responsible for all of your ecommerce activities, including your projects, your subscription plans and benefits, their operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:

  • You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may want to publish payment and return policies.
  • We are not involved in your relationships or transactions with any customer or potential customer; you are responsible to your customers for your activities, transactions, projects etc.
  • You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
  • You are responsible for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
  • Subscriby maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its Services to certain countries.

Rights and Obligations of the Users

Subscriby has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Subscriby does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Subscriby disclaims any responsibility for any harm resulting from the use by the Users of our Services, or from any downloading by those Users of Content posted there.

You must provide Subscriby with accurate and complete information while using Services.

You agree to receive electronically, by email and through your connected accounts, all communications, agreements, documents, receipts, notices and disclosures that Subscriby provides in connection with your use of the Subscriby Platform and our Services.

We send marketing email only if you asked for it, and you can opt out at any time with the link in each message. We do not send SMS.

Fees, Payment, and Renewal

• Fees

  Some of our Services are offered for free – for example, you can try Subscriby Platform in demo mode with "Test" payment options. By using our Paid Services, you agree to pay the specified fees (fixed fees and/or transaction fees).

• Fixed fees

  We may bill or charge you for the fixed fees in regular intervals (such as monthly, annually), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team or by yourself.

• Transaction fees

  A transaction fee is due on each sale made through your projects at your plan's rate. Where your payment provider supports it, the fee is collected on the sale itself; otherwise fees accrue and are billed with your next fixed fee, and we may bill accrued fees early once they pass a threshold.

• Copilot Credits

  Copilot Credits are prepaid credit that only Subscriby Copilot can spend. You buy them in packs through Stripe Checkout, taxed at purchase; paid credit never lapses, free credit may carry a lapse date stated when it is granted, and usage is deducted as it happens, so nothing is invoiced later. Copilot Credits have no cash value, cannot pay for a plan, an addon, transaction fees or another pack, cannot be transferred, and are refunded only as the Refund Policy or the law requires; a refunded pack takes back its remaining credit and its bonus. Every plan includes a free monthly allowance of Copilot turns and member answers, which does not carry over, is not credit, and may change with notice.

• Free Tier

  Under our "Free Tier" subscription plan, we'll only bill or charge you for the transaction fees.

• Free Trial

  You can start your free trial and try our Paid Services for 7 days without being charged for both fixed and transaction fees.

• Payment

  If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services or Subscriby Platform and Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

• Automatic Renewal

  To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Subscriby Platform annual plan, you will be charged each year.

  For a plan billed yearly we email you at least 15 days before it renews, with the amount and how to cancel.

• Refunds

  While you may cancel a Paid Service at any time, refunds are issued in our sole discretion on a case-by-case basis (it is not Subscriby's obligation to make refunds). Any decisions by Subscriby with respect to refunds are final.

• Fee Changes

  We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you shall cancel your Paid Service.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Subscriby Platform and Services links, and that link to Subscriby Platform. Subscriby does not have any control over those non-Subscriby websites, and is not responsible for their content or their use. By linking to an external website, Subscriby does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Subscriby disclaims any responsibility for any harm resulting from your use of non-Subscriby websites, webpages, and bots or accounts on connected platforms.

Third Party Services

You may enable services, products, software, or applications developed by a third party or yourself (hereinafter – "Third Party Services") in your project.

If you use any Third Party Services, you understand that:

• Third Party Services are not vetted, endorsed, or controlled by Subscriby.
• Any use of a Third Party Services is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
• Your use is solely between you and the respective third party (hereinafter – "Third Party") and will be governed by the Third Party's terms and policies. It is your responsibility to review the Third Party's terms and policies before using a Third Party Service.
• Some Third Party Services may request or require access to your (your visitors' or customers') data. If you grant access, your data will handled in accordance with the Third Party's privacy policy and practices. We do not have control over how a Third Party Services may use your data. You should carefully review Third Party Services' data collection, retention, and use policies and practices before enabling Third Party Services.
• Third Party Services may not work appropriately with your website or project, and we may not be able to provide support for issues caused by any Third Party Services.
• If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or project.

Copyright Infringement

As Subscriby asks others to respect its intellectual property rights, it respects the intellectual property rights of the others. If you believe that material located on or linked to by Subscriby violates your copyright, you are encouraged to notify Subscriby. Subscriby will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Subscriby will terminate the User's access to and use of their projects if, under appropriate circumstances, the User is determined to be an infringer of the copyrights or other intellectual property rights of Subscriby or others. In the case of such termination, Subscriby will have no obligation to provide a refund of any amounts previously paid to Subscriby.

Intellectual Property

This Agreement does not transfer from Subscriby to you any Subscriby's or third party intellectual property, and all right, title, and interest in and to such property will remain solely with Subscriby. Subscriby Platform, Subscriby website, the Subscriby logo, and all other trademarks, service marks, graphics and logos used in connection with Subscriby Platform or our Services, are intellectual property, trademarks or registered trademarks of Subscriby or Subscriby's licensors. Your use of our Services grants you no right or license to reproduce or otherwise use any Subscriby or third-party intellectual property or trademarks.

Portal Handles

A portal handle, the address your project answers on under our portal domain, is assigned by Subscriby or chosen by you from the handles available at the time, and is licensed to you for use with the Services for as long as your project exists and the handle is attached to it. A handle is not sold and does not become your property.

When you change a project's handle, the handles it answered on before keep sending visitors to the project for as long as the project exists. Subscriby may reclaim a handle it reasonably considers inactive, for example one that no live project answers on, one whose former addresses have not been visited for a long time, or one held by an account that has been closed, and make it available to other users; where the handle is still attached to a live project of yours, we give you reasonable notice at the email address on your account first.

Subscriby may reserve, refuse or reclaim a handle that infringes a trademark, impersonates a person or an organisation, is offensive, or is held in bad faith, and may offer handles it holds for sale or by auction. A transfer of a handle between users takes place only through a facility Subscriby provides for it.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal Terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs or our official channels on connected platforms, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Termination

These Terms shall enter into force for the User upon use of the Services or register on the Subscriby website and shall be in force for an indefinite period.

In order to protect the integrity of the Subscriby website or the Subscriby Platform, Subscriby reserves the right at any time in its sole discretion to block Users who violate these Terms.

Subscriby may terminate your access to all or any part of our Services at any time without any liability, with or without cause, with or without notice, effective immediately. Subscriby shall not provide reasons for its actions.

If you are established in the European Union, we tell you the reasons when we restrict, suspend or terminate your account, give you 30 days' notice before a termination unless the law, a repeated violation or a connected platform's terms require us to act at once, and notify changes to these Terms 15 days before they take effect.

If you wish to terminate this Agreement or your Subscriby account (if you have one), you may simply discontinue using our Services (you will not receive any refunds if you terminate these Terms).

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Without limiting the generality of the foregoing, Subscriby does not represent and warrant to you that:

• your use of the Services will meet your requirements;
• data provided through the Services will be accurate; or
• the Services and any content made available on or through the Services are free of viruses or other harmful components.

In no case shall Subscriby represent and warrant that the User's project, or any bot or account a connector uses, will not be blocked, restricted or banned by any third party, including the operator of any connected platform (such as Telegram) or its affiliates, and application stores of any kind, including the App Store. If the User's project, bot or account is blocked, restricted or banned, Subscriby will not be responsible for this and shall not indemnify the User against any losses in connection with such blocking, restriction or ban.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the State of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the State of Delaware, USA.

Limitation of Liability

In no event will Subscriby, or its suppliers or licensors, be liable with respect to any subject matter of these Terms and the Agreement under any contract, negligence, strict liability or other legal or equitable theory for:

• any indirect, special, incidental or consequential damages;
• the cost of procurement for substitute products or services;
• any loss of goodwill or business reputation;
• interruption of use or loss or corruption of data; or
• any amounts that exceed the fees paid by you to Subscriby under these Terms and the Agreement during the twelve (12) month period prior to the cause of action.

Subscriby shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with these Terms and the Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Subscriby reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless Subscriby, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of these Terms and the Agreement, your violation of applicable laws, rules or regulations.

In such case, Subscriby will provide you with notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request and at your expense.

Translation

These Terms were originally written in English (US). In the event of a conflict between a translated version of these Terms and the English version, the English version will prevail.

Miscellaneous

These Terms and the Agreement constitute the entire agreement between Subscriby and you concerning the subject matter hereof.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of these Terms and the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Subscriby may assign its rights and obligations under these Terms and the Agreement to third parties without the consent of the User. The User is entitled to assign its rights and obligations under these Terms and the Agreement to any third party only with prior written consent of Subscriby. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Nothing in these Terms shall be construed as creating a joint venture, an agency relationship or a legal partnership between Subscriby and the User.

Subscriby has the right to involve third parties for the fulfillment of its obligations.

Personal Data

• Subscriby processes your account data as the Privacy Policy describes, on the legal bases stated there. For your members' personal data you are the controller and Subscriby is your processor, acting on your instructions through the product under the Data Processing Agreement described on the Compliance page. You are responsible for giving your members the privacy information the law requires and for having a legal basis for the data you bring to Subscriby.