RightBack Terms of Service

1. INTRODUCTION

RightBack.com LLC (“RightBack”, “we”, “us”, and “our”) provides a social networking, communication, advertising, and transaction facilitation platform (“Platform”) for you (“you”, “your”, and “yourself”), governed by the laws of the United States and these Terms of Service (“Terms of Service”). RightBack acts as a technical platform operator and limited licensee of the underlying technology; RightBack does not transfer ownership of digital goods, permanent content licenses, or proprietary systems. All user-to-user transactions facilitated through the Platform, including PlyBy™ and VIP Channels, provide users with access to digital content and do not transfer ownership or permanent rights in any content. For tax classification and reporting purposes only, such transactions are treated as digital content, regardless of how such transactions are described by users. Advertising services are classified separately as promotional or marketing services.

By using services via RightBack (“Services”), you represent and warrant that: (i) you are at least 18 years of age and have the legal capacity to enter into these Terms of Service; (ii) you own or have the necessary legal rights, licenses, and consents to all content you upload or transmit; (iii) your use of the Platform and the PlyBy™ service does not violate any local, state, or federal laws or regulations; and (iv) you agree to these Terms of Service.

For contractual purposes, you (i) consent to receive communications from RightBack in an electronic form (e.g., via the email address you provided); and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RightBack provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. Your act of clicking a button labeled “I Agree,” or similar constitutes your electronic signature and your explicit agreement to be bound by these Terms of Service as if you had signed a physical document.

RightBack reserves the right to modify, amend, or update these Terms of Service at any time. We will provide notice of material changes by updating the “Effective Date” at the top of these Terms of Service. Your continued use of the Platform after such changes are posted constitutes your explicit acceptance of the revised Terms of Service.

To comply with Stripe’s requirements and anti-money laundering (AML) laws, RightBack and Stripe may require you to provide additional information to verify your identity, and you authorize RightBack to share Connected Account Data with Stripe and other third-party service providers. RightBack reserves the right to suspend your account or instruct the payment processor to delay, restrict, or withhold payouts if you fail to satisfy these verification requirements.

2. USER CONTENT

You retain all ownership and copyright in the content you upload to the Platform.

We do not claim ownership of your content, but you grant us a license to use it. When you share, post, or upload content that is subject to intellectual property rights on or through the Platform, you grant RightBack a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to host, use, reproduce, distribute, modify, adapt, publish, run, copy, publicly perform or display, translate, and create derivative works of such content. Users are not granted the right to download or permanently store any other user’s content uploaded to the Platform. Any temporary downloads that are strictly incidental to browser caching required for performance do not constitute a license for possession.

You are solely responsible for ensuring that your use of the Platform, including any content, services, or transactions, complies with all applicable laws, payment network rules, and Stripe requirements. Any violation of this provision constitutes a material breach of these Terms and may result in immediate suspension or termination of your account. You agree to comply with all applicable payment network rules and the requirements of Stripe, including the Stripe Service Agreements and Stripe Prohibited and Restricted Businesses, as updated from time to time. You may not use the Platform to engage in, facilitate, or promote any activity that is prohibited by Stripe or applicable law, including but not limited to restricted or illegal products, services, or transactions. You acknowledge that Stripe independently monitors transactions and may suspend, restrict, or terminate payment processing, delay or withhold payouts, impose reserves, or take other enforcement actions at its sole discretion. RightBack does not control and is not responsible for such actions.

You may not use automated means, including bots, scrapers, or similar technologies, to access, collect, or extract data from the Platform without prior authorization, or attempt to access any data or content that you are not authorized to access. RightBack prohibits the posting, transmission, or distribution of sexually explicit content, illegal activity, or infringing material on the Platform.

RightBack reserves the right, at its sole and absolute discretion, to suspend, disable, or permanently terminate any user account at any time, with or without notice, for any violation of these content standards or these Terms of Service. RightBack reserves the right, but not the obligation, to monitor transactions and content for compliance with Stripe requirements and may take any action it deems necessary to prevent or address violations. RightBack has no obligation to enforce the Terms of Service against any user.

3. OWNERSHIP & LICENSING OF INTELLECTUAL PROPERTY

The RightBack Platform, including all source code, website architecture, “look and feel,” trademarks, and the proprietary patent-pending PlyBy™ communication technology, is the exclusive property of a third-party intellectual property holding company (“Licensor”). RightBack operates under a restricted, non-exclusive license from the Licensor. This license is subject to an Automatic Reversion Clause. In the event of RightBack’s insolvency, bankruptcy, assignment for the benefit of creditors, or material breach of the intercompany license agreement, the license shall be deemed immediately and automatically revoked. Upon such event, all rights to the technology, data structures, and patent-pending processes revert solely and exclusively to the Licensor, and RightBack shall have no further right to utilize the IP. The Licensor possesses the independent legal right to enforce these Intellectual Property protections and seek preliminary and permanent injunctive relief directly against users, independent of and without the necessity of joining the Operating Company (RightBack) in such litigation.

If you provide any feedback or ideas regarding the Platform or PlyBy™ technology (“Feedback”), you hereby grant the Licensor an irrevocable, perpetual, and royalty-free license to implement and commercialize such Feedback. You waive any claim that such implementation infringes upon any “moral rights” or intellectual property interests in the Feedback.

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. RightBack’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Furthermore, any failure or delay by RightBack to enforce these Terms of Service shall not constitute a waiver of the Licensor’s independent right to enforce its proprietary interests or protect its licensed technology.

4. SERVICES WE FACILITATE

The Platform is intended solely to provide users with access to digital content delivered through communications and platform-based interactions and does not facilitate the sale or transfer of physical goods or ownership rights in any content. Users may not use the Platform to sell, transfer, or deliver physical goods, tangible property, or any goods or services that require shipment, offline fulfillment, or transfer outside of the Platform. Any content, communication, or interaction facilitated through the Platform in connection with user-to-user transactions, including PlyBy™ and VIP Channels, provides users with access to digital content and does not transfer ownership or permanent rights in any content. Such transactions are treated as digital content for tax classification and reporting purposes, regardless of how such transactions are described by users. Advertising services are separately classified as promotional or marketing services and are not treated as digital content for such purposes.

Licensed Paid Reply Service: PlyBy™ is a patent-pending priority communication service licensed by Licensor to RightBack, in which a reply Requester (“Requester”) purchases a reply from an intended recipient user (“Recipient”) by a deadline. Transactions facilitated through the Platform do not transfer title, ownership, or permanent rights to any content; however, all transactions, including communications and any content transmitted within replies, are treated as digital content for tax classification and compliance purposes. The service is deemed fulfilled upon the Recipient’s timely transmission of a reply that includes digital content, regardless of the substance or outcome of the communication, so long as the reply is not empty, and such reply and any included content are treated as digital content for tax classification and compliance purposes. Use of this service is subject to the following technical and performance conditions:

• When a PlyBy order is placed, the Requester’s payment method may be authorized for the transaction amount. If the Recipient delivers a reply within the selected deadline, the transaction will proceed to completion following the applicable 24-hour pending period, after which the payment may be captured in accordance with Stripe’s processing. If the Recipient fails to deliver a reply within the required timeframe, the transaction will not be completed and any authorized payment will be released or voided in accordance with Stripe’s processing. After the 24-hour pending period, the transaction is considered complete and the payment is finalized. All mentions of guaranteed fast reply or any guarantee associated with a reply refers to the lack of payment required if the reply is not made by the reply deadline.
• RightBack’s technical logs regarding the timestamps of the deadline and the reply transmission shall serve as the authoritative reference for resolving any disputes regarding timing, performance, or fee retention, subject to applicable law.
• All users who receive funds from other users through the Platform are the sellers of record. As a result, any chargebacks, payment disputes, or reversals are between the users.
• If the Requester cancels after a timely reply has been delivered, the Recipient may rate the Requester and the Requester forfeits the ability to rate the Recipient. User ratings help build trust and credibility within the Platform, and maintaining a positive rating and reputation may benefit the user in the future.
• RightBack does not guarantee that any user will perform, respond, or fulfill any requested interaction or deliver any content. RightBack and its Licensor do not screen the subjective quality of replies and specifically disclaim all responsibility for the accuracy, completeness, usefulness, or professional quality of any communication transmitted via the service. The PlyBy™ service includes message transmission, timing, and content. RightBack does not guarantee the substance, quality, or delivery of any reply. The PlyBy™ service is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied.
• If the Requester fails to receive a reply from the Recipient by the deadline, the transaction is deemed “Expired,” and no payment is due by the Requester. A transaction is deemed legally “complete” no later than 100 hours after being sent.
• RightBack.com LLC and its Licensor do not warrant or guarantee that a reply will be delivered within a specific time frame or by a deadline. Any message delay, lack of receipt, quality, timing, and failure of any kind—whether caused by server error, network infrastructure, Recipient’s failure to respond and otherwise—is provided without warranty.

VIP Channels Subscription Service: RightBack facilitates a subscription-based access service (“VIP Channels”) in which a user (the “Subscriber”) pays a recurring fee to another user (the “Channel Operator”) in exchange for access to a restricted channel and its associated content. The VIP Channels service provides Subscribers with access to view and interact with content made available within the channel, including content previously posted, solely during an active subscription period. The VIP Channels service constitutes a limited, revocable right to access content and channel participation and does not transfer title, ownership, or permanent rights to any content; however, all such access and content are treated as digital content for tax classification and compliance purposes. Access to all content, including historical content, is conditioned on maintaining an active subscription and may be modified, restricted, or terminated at any time. RightBack operates a platform that facilitates transactions between users but is not a party to such transactions except to the limited extent required by applicable law. Channel Operators who receive funds from other users for subscriptions are the sellers of record, except where applicable law requires otherwise. All charges, renewals, cancellations, and disputes are solely between the subscribing user and the Channel Operator. RightBack does not guarantee the availability, frequency, quality, or continued existence of any content or channel activity, and all access and content are provided “AS IS” and “AS AVAILABLE” without warranty of any kind.

Advertising Service: RightBack provides advertising in the form of profile promotions using an internal, auction-based advertising and promotional placement service in which users may bid for the display and promotion of profiles or content within the Platform. Advertising services are limited to the opportunity for placement, visibility, or promotion within the Platform and do not guarantee any specific results, performance, engagement, views, or outcomes. All advertising services, including placement, timing, visibility, distribution, and exposure, are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. RightBack utilizes an internal auction-based system to determine advertising placement, priority, and visibility. RightBack does not guarantee the operation, outcomes, ranking, bidding results, or performance of the auction system. All aspects of the auction system, including bidding, prioritization, timing, and display, are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. Advertising services are classified as promotional or marketing services and are treated separately from digital content transactions for tax purposes.

Streaming & Advertising

RightBack may allow creators or third parties to sponsor streaming content. Sponsored streams may include paid promotions, brand integrations, endorsements, or other commercial content. Such sponsorships may be disclosed within the stream or accompanying materials; however, RightBack does not independently verify, endorse, or guarantee any claims made by creators or sponsors. Creators are solely responsible for ensuring that any sponsored content complies with applicable laws, including advertising and disclosure requirements. RightBack is not responsible for any products, services, or representations made in sponsored streams.

RightBack may offer live and recorded streaming features as part of its services, including streams available within subscriber channels or to general users. By accessing or participating in streaming content, you agree to the following: