Terms Of Service

Last Updated: January 26th, 2020

Welcome to Ritually! 

To summarize: By using Ritually you agree to these terms.

These are Ritually’s terms of use, and they apply to all users of the Ritually platform. “We,” “our” or “us” refers to STORM INC.. “Ritually” refers to this platform and the services offered by us.

Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy. We can collect and use your information in accordance with those policies.

Your account

To summarize: You must be at least 13 years old to register for an account.
You are responsible for your account.When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.To create an account you must be at least 13 years old. To join a coach’s membership as a subscriber, or provide a membership as a coach, you must be at least 18 years old or have your parent’s permission.You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

Abusive conduct

To summarize: Be responsible and don’t violate our policies.
You are responsible for all activity on your account. If you violate our policies we may terminate your account.Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Ritually, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform.

All about being a creator

To summarize: A creator is someone who creates a membership page on Ritually to offer realtime person-to-person coaching and advice services or all other services to their subscribers who have purchased memberships from Ritually. There are a lot of details below involving payments, fees, taxes and restrictions that you should read in full if you are a creator.

Membership

To become a creator, simply launch your page to start your membership. When you join Ritually, you become part of the Ritually community. You can use creator tools that Ritually provides, and receive recurring revenue for your coaching services. On Ritually, you can provide your subscribers with something exciting that gives them unique benefits they want, like coaching and advisory services and direct realtime one-on-one access to you. In turn, you will receive loyal support from your subscribers, and recurring revenue from memberships that subscribers have purchased from Ritually.

Payments

As a creator you make your membership available on Ritually, and we provide membership to your subscribers on a monthly subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes through our payment partner Stripe.We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We normally payout every two weeks to the bank account you communicated to our payments partner stripe. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block subscribers’ payments if we believe them to be fraudulent.Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.

As a subscriber, you authorize STORM INC. to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the present terms of service. Subscriptions are generally paid on a monthly basis and the amount is determined by the creator as well as other applicable components such as taxes.

Fees

As a creator there are two fees associated with your membership on Ritually. The first is the platform fee. The second is the payment processing fee, which is dependent on the currency selected by the creator.
- The payment processing fee in US Dollars is 2.9% plus $0.30 per successful pledge for pledges over $3, and 5% fee plus $0.10 per successful pledge for pledges of $3 or less.PayPal payments from non-US subscribers have an additional 1% fee. 
- The payment processing fee in Euro is 3.4% plus €0.35 per successful pledge for pledges over €3, and 5% fee plus €0.15 per successful pledge for pledges of €3 or less.
- The payment processing fee in British Pounds is 3.4% plus £0.35 per successful pledge for pledges over £3, and 5% fee plus £0.15 per successful pledge for pledges of £3 or less.
- The payment processing fee in Canadian Dollars is 3.2% plus CA$0.35 per successful pledge for pledges over CA$3, and 5% fee plus CA$0.10 per successful pledge for pledges of CA$3 or less. 

Depending on your subscribers’ locations, some banks may charge your subscriber a foreign transaction fee for their membership subscription. Ritually does not control this charge, but it is typically around 3.0% .

Tax

We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received. We are additionally responsible for a number of transactional taxes across the world. These include but are not limited to VAT on payments for electronically supplied services to subscribers in the EU. Please note that you are solely responsible as a creator to declare your VAT to EU authorities if applicable. We recommend that you consult with a tax advisor.In locales where Ritually is required to collect transaction tax from subscribers, pledges processed from subscribers will reflect pledge amount plus the applicable tax. Applicable tax will not be taken from a pledge, but rather will be charged in addition to the pledge. Once settled, the tax amount will be automatically sent to the creator for remittance to the applicable taxing authority. A record of the transaction tax portion of the pledge will be available on your earnings details page.As a creator on our site, it is your responsibility to provide accurate information when you are engaging with the sales tax weighting tool and, generally, when listing benefits transferred within your tiers.

Restrictions

We don’t allow services and benefits that violate our policies. You can learn more by visiting our Benefit Guidelines. A summary of those rules is that we don’t allow:
- Illegal creations or benefits.
- Creations or benefits that are abusive towards other people.
- Creations or benefits that use others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.
- Creations or benefits with real people engaging in sexual acts.
- Benefits that involve raffles or prizes based on chance.
- If your subscribers include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use Ritually.

We are not required to allow any particular person or group of persons to be your subscriber. An account is tied to your services and cannot be sold or transferred for use by another creator.

All about being a subscriber

To summarize: A subscriber is someone who purchases memberships from Ritually in exchange of one-on-one realtime coaching and advice services or any other services provided by the creator on the platform. Through a paid membership on Ritually, subscribers directly interact with creators, using tools supplied by Ritually. As a subscriber, you’re joining Ritually to find a direct communication line to your favourite creator and access stellar coaching and advisory services. The timing and amount of each membership subscription depends on the type of membership agreement you enter into, and the creator you support.

You can see the details as you join, as well as in the receipt sent to you after each successful payment.  You may cancel your membership payments at any time. For monthly payments, canceling your subscription may result in your loss of access to a creator’s service.These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a subscriber of any particular creator.Creators’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make.

We appreciate your help reporting suspicious creator pages so we can keep Ritually safe.If you are located in the jurisdiction in which Ritually is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription. Creators are requested to remit all tax collected to the applicable taxing authority.  Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Ritually does not control this charge, but it is typically around 3% .

Please contact your bank for more information.

Refunds

Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

Ritually’s role

To summarize: We proactively look at some pages and posts on Ritually and review reported pages to identify potential violations of our guidelines.We proactively look at some pages and posts on Ritually to make sure creators follow our Benefit Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Ritually.In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Ritually. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.Ritually reserves the right to remove a creator or subscriber from participating in annual memberships. Removal of the creator or subscriber from participation in annual memberships will prohibit the creator from accepting new annual payments, and prohibit the patron from making new annual payments, but will not result in an automatic removal of the creator or patron from the platform, unless there is an independent basis for their removal from the platform.Please let us know if you see potential violations of our Benefits Guidelines. As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. This means that Ritually cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC. We are constantly testing out new features with the goal of making Ritually better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.With your permission, we may give other websites or services the ability to verify information about your Ritually account or perform actions on your behalf. This permission is asked for when you connect your Ritually account to these other websites or services. You can learn more in our Privacy Policy.

Account deletion

To summarize: You can delete your account. We can disable your account at our discretion.You can permanently delete your account at any time by going to your profile page in the app. On that page you can also see what information is deleted and what we continue to store after the account is deleted.We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.These terms remain in effect even if you no longer have an account.

Your creations

To summarize: You keep complete ownership of all creations, but you give us permission to use them on Ritually. Make sure you have permission to use creations that you offer on Ritually.You keep full ownership of all creations that you offer on Ritually, but we need licenses from you to operate Ritually effectively.By posting creations on Ritually 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 creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your subscribers. We will never try to steal your creations or use them in an exploitative way.You may not post creations that infringe others' intellectual property or proprietary rights.subscribers may not use creations posted by creators in any way not authorized by the creator.

Your third-party apps

To summarize: You may grant Ritually permission to access third-party apps. You may also revoke that permission.You may grant Ritually access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, Apple, in order for some Ritually features to operate.

Ritually’s creations

To summarize: You can use our copyrights or trademarks to promote your Ritually page, but can’t use them for anything else without our permission.Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Ritually page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

Indemnity

To summarize: If we are sued because of your use of or conduct on Ritually, you have to help pay for it.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Ritually. 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 subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warranty disclaimer

To summarize: We do our best to make sure Ritually works as expected, but stuff happens.
Ritually 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 subsidiaries, affiliates and third party service providers.

Limit of liability

To summarize: If you lose money as a result of using Ritually, any payment to you is limited to the amount of money we have earned through your use of Ritually.To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Ritually. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Ritually. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Dispute resolution

To summarize: If you have a problem please talk to us.
Any disputes with us must be resolved under Delaware law.We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of Ritually, then the dispute will be resolved in the federal or state courts located in Delaware. Both parties consent to the exclusive jurisdiction and venue of the Delaware courts for the purpose of resolving any such dispute.Delaware law, excluding its conflict of law provisions, governs these terms, all other Ritually policies, and any dispute that arises between you and Ritually.

Everything else

To summarize: These terms are the final word on Ritually’s policies and we will tell you if we change them.
These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then 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.We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Ritually after a change means you accept the new terms or policies.These terms are an agreement with STORM INC., 2093 PHILADELPHIA PIKE #8459 CLAYMONT, DE 19703. If you use accessibility tools and have questions or concerns, please contact us at ineedsomebody@ritual.ly.
Effective immediately for users on Ritually from January 26th, 2020