Playbook Technologies, Inc. Terms & Conditions

These are Playbook’s terms of use and apply to all users of the Playbook website and mobile applications. “We,” “our” or “us” refers to Playbook Technologies Inc., collectively, “Playbook”. Our use of “Playbook” here refers to this mobile application and the services offered by Playbook Technologies, Inc.

By using Playbook you agree to these terms. You acknowledge that you have read and understood these terms. You also agree to our privacy policy, community guidelines, and any other policies we post on Playbook.

In the event that Playbook makes material changes to these terms that adversely affect your rights under these terms, then we will let you know by posting an announcement on our website or sending you an email prior to the changes coming into effect. Continuing to use Playbook after a change to these terms means you accept the new terms.

Account creation

When you register for an account you must provide us with accurate information. To register for a creator account you must be 18 years or older.

You are responsible for anything that occurs on your account, as well as the security of the account. If you believe your account is compromised, you must contact Playbook immediately.

Your content

You maintain full ownership of all content you post on Playbook. In order to operate the platform we need licenses from you.

By posting content to Playbook you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is to allow us to operate Playbook, promote Playbook, and promote your content on Playbook. We are not trying to steal your content or use it in an exploitative way.

You may not post content that infringes on others' intellectual property or proprietary rights.

Your subscribers may not use content posted by creators in any way not authorized by the creator.

Run-off mode: closing your account, membership access, etc.

If you decide you want to leave the Playbook platform, you will need to notify us via email 30 days in advance. We will put your account into “Run-off mode”. Please make sure to understand the terms for the run-off mode.

What is “run-off mode”?

Apple and Android control subscriptions, not Playbook, therefore:

  • We cannot issue refunds to any subscribers

  • We cannot tell members they cannot renew their subscription to you

  • Members subscribe to your content on “auto renewal” via Apple, therefore, we have zero control if they renew subscriptions, maintaining access to your content

  • We can only remove your content when few to no subscribers are left

Therefore, if you leave the platform, Playbook does the following:

  • We “hide” your account within 30 days of notice, so no new consumer can subscribe to your channel

  • We will cease using your imagery and content from all promotional activities

  • Your content will remain in place for your subscribers and we will continue to pay you until 10 or less of your customers remain subscribed to your channel

  • You may not remove your content from Playbook until run-off mode has completed. We reserve the right to block access to your account when it is in run-off mode.

  • You will be responsible for reimbursing customers, should you decide to offer refunds

  • In the event Playbook decides to reimburse one of your subscribers, we deduct the refunded amount from future payments to you

  • Once your content is removed from the app, payouts will cease

Creator conduct

You are responsible for all the activity on your account. If you violate community guidelines we have a right to terminate your account. Some examples of violations:

  • Inappropriate content

  • Intellectual property infringement

  • Bullying and harassment

  • Harmful and illegal activities

If you engage in activity outside of the app that could endanger Playbook’s reputation or our users, we have the right to terminate your account.

Playbook’s content

The content we create is protected by copyright, trademark, and trade secret laws. Some examples of our content are the text on our site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Playbook channel.

You may not otherwise use, reproduce, distribute, perform, publicly display, or prepare derivative works of our content unless we give you permission in writing.

How payments are calculated

By using Playbook, you agree to the pricing terms (which can be found here) and may not offer alternative terms to your subscribers.

Your end-of-month payment consists of two types of revenue shares:

  • 50% of gross subscription revenue for a given user if a user is referred (arrives via your deep link)

  • 45% if the user arrives at the platform organically and subscribes to your channel. 5% of user contribution is allocated to an engagement pool that is then distributed amongst all Creators.

Payment transfer information

Timing - Playbook will initiate payments on the 10th of every month via Playbook’s main payment provider Stripe.

Potential for the delay - We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. There are a number of scenarios that could result in delays of payment transfer including:

  • App store delays - Playbook first confirms payments were received from Apple and the Google Play stores before distributing payments to creators. Please note, Apple and Android can adjust their payment calendar which could impact Playbook’s distribution date.

  • Other delays - Depending on the dollar amount, national holidays ,and geography, the processing of the payments can vary accordingly.

We will always communicate any complications or delays in your payment. Regarding tax reporting, we do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.

Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Playbook. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents, and third-party service providers.

Warranty disclaimer

We do our best to make sure Playbook works as expected, but sometimes problems arise.

Playbook is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our affiliates and third-party service providers.

Limit of liability

To the extent permitted by law, Playbook is not liable to you for any incidental, consequential, or punitive damages arising out of these terms, or your use or attempted use of Playbook. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Playbook. We are specifically not liable for losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents, and third-party service providers.

Dispute resolution

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Playbook, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. Arbitrations may only take place on an individual basis. No class arbitrations or other groupings of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding, we are also waiving these rights.

This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.

Governing law

New York law, excluding its conflict of law provisions, governs these terms and all other Playbook policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in New York City, NY.

A final note

These terms and any referenced policies are the entire agreement between you and Playbook and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.