Welcome to the Internet sites https://singularchats.com/ and https://singularchats.es/ (hereinafter, the “Platform” or “Singularchats”), owned by FRAMURAY, S.L., holder of Tax Identification Code B86584695, registered in the Commercial Register of Madrid, Sheet M-547124, Volume 30399, Folio 113.
The contact details are as follows:
“SINGULARCHATS” is the virtual platform and service provider from the domains www.singularchats.com and www.singularchats.es, owned and operated by the company FRAMURAY, S.L.
“SINGULAR” is any natural or legal person who creates and schedules a video call session on the virtual platform, with the aim of offering a chargeable content, service or experience, in which he/she interacts with a small number of followers or participants.
“PARTICIPANT” shall mean any natural person who completes the registration form to access a SINGULARCHATS video call and accepts the conditions of use of the services of the SINGULARCHATS platform.
The SINGULAR and the PARTICIPANT shall hereinafter be jointly referred to, in their common capacity as users of the Platform, by the generic term “USERI@”.
SINGULARCHATS is an Internet video call platform that offers a virtual space for individuals and legal entities, who are called “SINGULAR”, to make video calls and personalised meetings with people from their community, followers or clients, called “PARTICIPANTS”, promoting unique “One to One” or “One to Few” experiences and being able to obtain income through the sharing of knowledge, image or talent.
SINGULARCHATS is neither the creator nor the owner of the content of the meetings; it provides its services for the creation of the USER@S profiles and the organisation and planning of the video calls, providing the technical means necessary to hold them and facilitating access to the payment platform, which is not part of its structure.
(i) This document regulates the operation of the Platform and the provision of services through the Platform by FRAMURAY (hereinafter “FRAMURAY”, the “Platform”, “SINGULARCHATS”).
(ii) The services contracted to FRAMURAY are offered through the domains www.singularchats.com and www.singularchats.es.
(iii) In order to use the services provided by FRAMURAY, the User must register by filling in the registration and information that appears on the website, and accept the present conditions.
(iv) These terms and conditions form the legally binding contract between FRAMURAY and the PARTICIPANT, and/or between FRAMURAY and the PARTICIPANT, but do not govern the legal relationship that may exist between the SINGULAR and the PARTICIPANT.
The completion by the USIARI@ of the registration forms on this website and the acceptance of these conditions constitute full and unreserved acceptance of each and every one of the clauses governing the contract for the provision of services signed with FRAMURAY, unless FRAMURAY establishes otherwise in writing.
Acceptance by the USER@ implies his/her declaration of having read and understood the contents of this contract, and of having given his/her express consent to the stipulations that govern it.
The “General The “General Terms and Conditions” shall govern the operation of the Platform and the use of its tools for both SINGULARS and PARTICIPANTS. The “Specific Application Conditions” shall form part of the binding contract for the SINGULAR or for the PARTICIPANT, depending on who the USER@ is.
(v) The use of the services is also subject to all the notices, regulations of use and instructions made known to the USER via the website. Browsing some pages of this portal implies acceptance of the conditions that regulate the use and/or contracting of specific services offered to USERS through www.singularchats.com and www.singularchats.es, which will be duly notified to the user prior to their use.
5.1. PARTICIPANT and/or SINGULAR registration and accounts.
The SINGULAR may also request and give his/her express consent for the Platform to manage his/her profile and call the video calls. This option may be modified by the SINGULAR, whenever he/she considers it necessary, through his/her private access and password.
The USER shall be solely responsible for the custody and confidentiality of his/her access password, and SINGULARCHATS shall not be liable for improper access attributable to the conduct or negligence of the USER. The USER may reset or change the password at any time.
When registering, every SINGULAR must provide accurate, updated and truthful information and contact details, in order to ensure the security and trust of all USERS. By way of example: personal identification and, if applicable, that of the entity being represented and other personal information. This information will be used for the validity and legality of transactions and/or if you are entitled to create and schedule sessions.
The USER@ may correct errors or update information when entering data through his/her profile.
The USER accepts that SINGULARCHATS may share all or part of the data with other USERS of the Platform.
5.1.2. Registration on the SINGULARCHATS platform will be completely free of charge, with no fixed or subscription costs.
5.1.3. In order to complete the registration form, accept the terms and conditions of the contract and use the services offered on the Platform, the USER@ shall have the capacity to act and shall be in full use of his or her contracting powers.
If the USER resides in Spain, he/she must be over eighteen (18) years of age, or have the consent of his/her parents, guardians or legal representatives, who will be considered responsible for the acts carried out by minors or other persons in their care, in accordance with current legislation. In the event that the USER@ does not reside in Spain, he/she declares that he/she has the necessary capacity to act in accordance with the law of the country of his/her residence.
5.1.4. Immediately upon acceptance of the terms and conditions of the contract by the USER, SINGULARCHATS undertakes to provide the USER with confirmation of receipt of the acceptance.
The confirmation will be displayed to the USER immediately after the USER has completed the registration procedure, and has accepted the terms and conditions of the contract. Before proceeding, SINGULARCHATS recommends that the USER prints or saves a local copy of the terms and conditions and the acceptance for his/her own reference.
5.1.5. Registration as a SINGULAR and/or PARTICIPANT in accordance with these Terms and Conditions shall be valid until termination by the SINGULAR and/or PARTICIPANT; or if applicable, by SINGULARCHATS, in accordance with these Terms.
The USER may terminate this contract at any time by sending SINGULARCHATS an e-mail.
If the SINGULARCHATS account is deleted as SINGULAR, all confirmed sessions will be automatically cancelled, and the PARTICIPANTS will receive a full refund of the price at no cost, corresponding to the cancelled sessions.
If the SINGULARCHATS account is deleted as a PARTICIPANT, all confirmed sessions will be automatically cancelled, without reimbursement of the amounts corresponding to said sessions. Once this contract has been terminated, there is no right to reinstatement of the account or of the content corresponding to said sessions.
SINGULARCHATS may terminate this contract for any reason with twenty-four (24) hours’ notice by e-mail or by any other means of contact provided by the USER@ for his/her account, without such termination implying the cancellation of any session or service contracted and confirmed, both with SINGULARCHATS and with the PARTICIPANT.
SINGULARCHATS may also terminate this contract immediately without notice, and cease to provide access to the SINGULARCHATS Platform, when:
In the cases indicated in letters f), g) and h), SINGULARCHATS may also, alternatively, suspend or limit access to or use of the Platform or the USER’s account; Assessments or other Content; and cancel any registration for pending sessions. In this case, SINGULARCHATS will notify the alleged infringer of the breaches, so that he or she may proceed to remedy them, if possible.
In the remaining cases of infringements or confirmed breaches of the above sections, SINGULARCHATS may prevent the USER@ from accessing the Platform and prevent its use, whether as a SINGULAR and/or PARTICIPANT.
5.2. Rules for the correct use of the “SINGULARCHATS” Platform
5.2.1. USERS undertake to use the Platform and the services contracted in accordance with the purposes permitted by law, the conditions agreed in the contract and on the website, generally accepted morals and good customs, and public order.
USERS shall act with integrity, politeness and respect for others and shall not engage in any conduct that may be considered offensive, harmful or inappropriate to the general public.
5.2.2. In particular, and by way of example, the USER@ undertakes not to provide content or publish information that, in any way:
5.2.3. The USER@ may not compromise or undermine the performance or correct functioning of SINGULARCHATS, or the servers or networks used for the availability of the services, nor may he/she circumvent the technological and/or security measures implemented to protect the Platform, its passwords and its contents.
5.2.4. If the USER considers that a SINGULAR and/or PARTICIPANT or content violates the above Rules or the Terms and Conditions or any applicable legislation, he/she must inform SINGULARCHATS immediately.
5.2.5. SINGULARCHATS may remove the data or information provided by the USER from its Platform, without prior notice, in the following cases:
5.3. Content of events.
SINGULARCHATS is neither the creator nor the generator of the content of the events, being the SINGULARCHATS the ones who decide on the characteristics, nature and content of the services to be provided through the Platform.
The SINGULAR is solely responsible for ensuring that any event complies with all applicable regulations, and for providing the service with the quality and under the conditions announced and agreed with the PARTICIPANTS, complying with each and every one of the rules described in section 5.2 above.
SINGULARCHATS undertakes to provide the technical means necessary for the correct development of the events at the established times, and must comply with the minimum quality requirements so that the sessions can take place in optimal conditions of access, hearing, image and visibility for the PARTICIPANTS.
Without prejudice to its obligations to cancel accounts or limit content as set out in section 5.2.5 above, SINGULARCHATS is excluded from the content and development of the video sessions generated on the Platform, in which both SINGULARCHATS and the PARTICIPANTS participate, limiting itself to providing the technical and connection tools necessary for the provision of the service.
Under no circumstances will SINGULARCHATS be liable for any lack of quality or lack of connection that does not strictly depend on its scope of action or its technological structure, nor for legal breaches or infringements of third party rights that are attributable to the USER@S.
5.4. Method of payment, collection and reimbursement.
To facilitate the payment system for events and services, SINGULARCHATS uses the payment platform of a third party STRIPE, which is the payment service provider.
SINGULARCHATS will charge the PARTICIPANTS the prices (including VAT) that the SINGULARCHATS decide for their events through the STRIPE tool. On a monthly basis, SINGULARCHATS will transfer to SINGULARCHATS the income received for the events, minus 10% for the cost of the video call platform.
SINGULARCHATS shall not be liable for any failures or interruptions or incidents that may arise from the operation of the STRIPE payment system, unless they are due to its own sphere of action.
SINGULARCHATS does not provide banking, deposit taking, insurance or other financial services to USER@S.
5.5. Technical requirements for USERS.
For access and correct use of the Platform, USERS will be required to have an Internet connection with 4G speed, a webcam (mandatory for SINGULARS and optional for PARTICIPANTS), audio devices and a microphone.
5.6. Intellectual and industrial property.
(i) SINGULARCHATS is the owner of all industrial and intellectual property rights of the Platform and of the elements and contents thereof, with the exception of those rights that are not owned by this company and which belong to their respective owners in the manner in which they are recognised on the Website. Content” is hereinafter understood to mean data files, texts, graphics, drawings, designs, codes, software, photographs, images, videos, recordings, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property.
(ii) All product names, company names, trademarks and logos appearing on the Platform belong to their respective owners or proprietors, whether or not they bear the © copyright symbol or ® trademark. The USER acknowledges that any content that is not the property of SINGULARCHATS is the sole responsibility of the person or company that has generated it.
(iii) The content of this Platform is protected by industrial and intellectual property laws. The USER@ may not therefore modify, transmit, distribute, reuse, re-send or use all or part of the content of the Website for public or commercial purposes without the express authorisation of SINGULARCHATS or of the owners or holders of the aforementioned content, by virtue of a separate contract. The USER@ may not use trademarks, service marks, trade names or company logos in such a way as to cause confusion about the owner or authorised user of such distinctive signs.
(iv) SINGULARCHATS grants the USER a personal, non-transferable and non- exclusive licence to use the software that SINGULARCHATS provides as part of the services offered. The sole purpose of this licence is to allow the USER@ to use and receive the services provided by SINGULARCHATS, as permitted in this contract@. The USER@ may use the SINGULARCHATS platform on his/her terminal, but SINGULARCHATS does not transfer ownership of the software to him/her. The USER@ is the owner of the medium on which the software is used, but it is SINGULARCHATS that retains all intellectual and industrial property rights over the software. Any unauthorised use of the software or content may violate copyright laws, industrial property, personal rights, rights of publicity and communication, trademarks, as well as other applicable regulations.
(v) SINGULARCHATS will enforce all rights provided for by law, through the exercise of the civil and criminal actions that may be applicable against those who violate its rights.
(vi) The USER@ shall retain all the rights that correspond to him/her in relation to the content that he/she may provide or publish on the Portal. By submitting such content, the USER grants SINGULARCHATS a permanent, non-transferable and non-exclusive licence to publish, provide and distribute such content to other users within the limits and under the guidelines set by the USER.
The USER@ is solely responsible for the content that he/she creates, transmits or displays on the SINGULARCHATS portal while using its services.
5.7. Obligations and responsibilities.
(i) Each party shall be directly liable both to the other party and to third parties for any breach of applicable law or breach of its obligations under this contract and, if applicable, for any damages resulting from such breach.
(ii) SINGULARCHATS shall be solely and exclusively liable, exempting SINGULARCHATS from all liability for any damages that may be caused to third parties as a result of the announcement, publication or development of the sessions, meetings or conferences. SINGULARCHATS will take all technical measures to ensure that PARTICIPANTS can access content, but given that it is SINGULARCHATS that decides what information and content it will disseminate in the different sessions and conferences, SINGULARCHATS is solely and exclusively responsible for the following consequences, among others that may be attributable to it:
(iii) SINGULARCHATS accepts no liability for any damages that may be caused to USERS due to causes that are completely beyond its control or scope of action, and by way of example:
(iv) In the event that SINGULARCHATS has to face any type of penalty or compensation arising from the USER’s failure to comply with applicable regulations or its obligations under this contract, it may pass on the amount of such penalties or compensation to the USER, without prejudice to any legal action that may be appropriate.
5.8. Resolution of complaints and claims.
If you have any queries, complaints or claims, please contact Customer Services:
5.9. Applicable law and jurisdiction.
These Conditions are subject to Spanish law, provided that no other legislation is imperatively applicable.
The resolution of any type of dispute arising from the use of the Platform and the application of these Terms and Conditions shall be subject to the Spanish Courts and Tribunals, specifically those of the City of Madrid. However, when the USER@ meets the condition of consumer or user in accordance with the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the Courts and Tribunals of their domicile or the Courts and Tribunals of the domicile of Framuray will be competent, at the choice of the consumer or user.
5.10. Modification of the Terms.
SINGULARCHATS may modify the Terms and Conditions. In such an event, the new Terms will be published on the SINGULARCHATS Platform, indicating the last date of update.
SINGULARCHATS will provide notice of modifications by email at least thirty (30) days prior to their entry into force. If the proposed changes to these Terms are substantial, the USER will be asked to explicitly accept the revised Terms. Such notice will also inform you of your right to reject the proposed changes, the deadline for doing so, and your right to terminate the contract at any time prior to the effective date of the proposed changes as provided in these Terms.
As a SINGULARCHAT, the Platform gives you the opportunity to use SINGULARCHATS to schedule a session for the purpose of sharing content with PARTICIPANTS, in accordance with your session description, for a financial consideration from PARTICIPANTS.
SINGULARCHATS may offer any content, service or experience it wishes and considers to be of value, provided that it is legal content and complies with the rules of use of the SINGULARCHATS platform in accordance with Condition 5.2.
6.2. Publication of announcements and meetings.
The SINGULAR may invite a limited number of PARTICIPANTS to a scheduled and confirmed session, or may broadcast the scheduled session publicly.
Only those persons who have registered as PARTICIPANTS to the call will be able to access the scheduled session.
The SINGULAR will create a video call on the SINGULARCHATS platform through its registered user, in which it will include the title of the session, description or complete information on the content of the session, and price (including VAT). The responsibility for the information and content of the advertisement lies exclusively with the SINGULAR.
SINGULARCHATS reserves the right to review the information and content of the session, to accept or reject them, when the content does not comply with the law and other conditions of use.
SINGULARCHATS will decide the form, order and visibility of the publication of SINGULARCHATS’ video calls.
SINGULARCHATS will decide the number of participants in the meeting that it considers appropriate for its correct development, taking into account the dynamics and form of participation in the session. However, SINGULARCHATS is a platform whose purpose is to promote unique “One to One” or “One to Few” experiences, so the maximum number of PARTICIPANTS per session or video call will be twenty (20).
The SINGULAR is responsible for carrying out the session or video call, under the conditions and at the price previously set for the session, paying special attention to the established timetable.
The SINGULARCHATS is authorised by the SINGULARCHATS to receive evaluations of the sessions held by the PARTICIPANTS at the end of each session, as well as comments in relation to the development of the session.
SINGULARCHATS will not verify the veracity of the evaluations, but will address any complaints or claims regarding the content of the evaluations, without being able to question subjective assessments of the PARTICIPANTS’ experience or expectations.
The SINGULAR is free to set the price it wishes for each session, with a minimum of zero euros (0.00 €) and a maximum of two hundred euros (200.00 €) per participant for each session. The price set shall include VAT. In the event of proposing a price higher than the maximum indicated, the SINGULARCHATS must expressly request SINGULARCHATS, through its contact, the reasons for the proposed price, and SINGULARCHATS reserves the right to accept or reject the price request.
The payment of the session fee will be made by the PARTICIPANTS at the time of registration for each session, through the STRIPE payment platform. SINGULARCHATS will receive the full amount, transferring up to 90% to the SINGULAR within the agreed period.
6.4. Independence of the SINGULAR.
SINGULARCHATS is an independent person, and in no case shall be considered an employee, agent, participant, partner, SINGULARCHATS being exclusively the virtual platform that will facilitate the meeting between SINGULARCHATS and PARTICIPANTS, web space with video call tool and collection manager in accordance with the Payment Terms set out in Condition 7.2.
The SINGULAR freely decides at its own discretion on the content, schedule, number of PARTICIPANTS and price (including VAT), in accordance with these Terms and Conditions.
6.5. Liability of the SINGULAR.
SINGULAR shall be responsible for the content of the session, acts and omissions, and for the acts and omissions of the PARTICIPANTS participating in the session in accordance with Condition 5.2. SINGULAR shall determine the form, rules and requirements in the conduct of the sessions or video calls (such as participation, interaction, asking questions, etc.).
SINGULARCHATS declares and guarantees that it is the owner or has all the intellectual and industrial property rights that may be required or that correspond to the content of the sessions and conferences, and shall hold SINGULARCHATS harmless from any infringement of the rights of third parties or of the applicable regulations.
SINGULAR is solely responsible for ascertaining and complying with its fiscal, administrative and legal obligations, and specifically, with respect to declaring, collecting, settling or including in the price, indirect taxes (VAT).
6.7. Transfer of image rights.
The SINGULAR consents to the transfer of its image rights for the provision of its services through the Platform, allowing its image and voice to be used for the realization of the sessions to which the PARTICIPANTS will have access.
The SINGULARCHAT declares that it is the full owner of its image and voice rights, guaranteeing that these are not assigned to any third party, having, therefore, the most absolute availability of these rights for the proper performance of this contract, being liable to SINGULARCHAT for the inaccuracy of what is declared herein. Consequently, the SINGULARCHAT shall be exclusively liable, holding SINGULARCHAT harmless against any judicial or extrajudicial claim that may be made by third parties, and shall be exclusively liable for any payment or compensation that may arise as a result of the above.
6.8. Cancellation of sessions.
SINGULARCHATS may only cancel a session if there are no participants in the session. The session will be considered CANCELLED for reasons beyond the control of SINGULARCHATS.
7.1. Procurement of services.
Once the PARTICIPANT registers for a specific session announced by a SINGULAR, the SINGULARCHATS platform will proceed to confirm the registration by generating and sending a confirmation message exclusively for the order, acquiring the status of PARTICIPANT for the session.
7.2. Price and cost of service.
The price offered by SINGULARS shall be specifically stated for each session, indicating the corresponding taxes. The SINGULAR shall determine the price of its service on a voluntary basis.
7.3. Method of payment.
The processing of the payment of the price of each session shall be carried out by the PARTICIPANTS solely and exclusively through the payment platform of the STRIPE service provider.
The SINGULARCHATS platform shall act exclusively as a facilitator of a third party provider’s tool, STRIPE, to be used by PARTICIPANTS as a payment platform in accordance with the provisions of Condition 5.4.
7.4. Evaluations to SINGULAR and comments to the sessions.
The PARTICIPANT shall have the option to evaluate the SINGULAR and make comments at the end of each session. The evaluations shall be truthful and shall not contain discriminatory, offensive or defamatory terms and shall comply with the Rules set out in Condition 5.
7.5. Transfer of image rights.
The video sessions can be recorded at the request of the SINGULAR, if the PARTICIPANT does not want to appear in the recording, they must deactivate their camera and/or microphone. If it does not do so, the PARTICIPANT consents to the transfer of their image rights, allowing their image and voice to be recorded during the video session if the SINGULAR so decides, for its subsequent display either on the platform itself SingularChats or by any other means.