Subscriptions

TUDO Subscriptions, Fee, Taxes, Billing and Payments

Last Updated: 01 June 2021

TUDO Platform may offer its platform services for a fee on a monthly and or Annual basis, Platform Users subscribe to those Subscriptions and Plans for a Fee set by TUDO. When you are on a paying subscription Plan, you shall be charged a fee based on the Plan you choose for the TUDO Services ("Subscription Fees"). Unless specified otherwise herein or in a Pricing Agreement, the Subscription Fees are payable in full and in advance until your Subscription is terminated in accordance with Section (Term, Termination, and Suspension).

As between you and TUDO Platform, TUDO reserves the right to establish, remove or revise the Subscription fee for any or all services or goods obtained through the use of the TUDO Services at any time in TUDO's sole discretion. Further, you acknowledge and agree that Subscription fees may vary based on the Platform User’s geographical area. TUDO may from time to time provide certain Platform Users with promotional offers and discounts that may result in different amounts Subscription fee charged for the same or similar services or goods obtained through the use of the TUDO Services, and you agree that such promotional offers and discounts unless also made available to you, shall have no bearing on your use of the Services or the Subscription fee applied to you.

Users may pay Subscription and other TUDO Platform usage Fees to TUDO to receive certain services on the Platform, including but not limited to being matched with and receiving contacts from Consumers or other individuals. As a Platform User, TUDO will automatically charge your stored payment method when those Consumers, or other individuals are being matched or contacted. Fees for additional products or services, including ongoing products or services, will be presented to you before you use such products or services. To use TUDO, you must have at least one valid payment method stored on file. Except as otherwise described herein, all sales on TUDO are final and non-refundable.

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if TUDO cannot charge a payment method for any reason, TUDO reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due may be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you can store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. Such communication may be made by TUDO or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that TUDO may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Payment. You agree to pay the Subscription Fees through a payment method acceptable to Us. You hereby authorize us and our authorized agents, as applicable, to bill you in accordance with your Plan and Pricing Agreement for your Subscription (and any renewal thereof). Unless otherwise stated in a Pricing Agreement, your payment is due in full immediately upon each due date with respect to your Subscription. You must notify us of any change in your payment account information, either by updating your Account or contact us by sending an email to [e-mail].

Delayed Payments and Non-payment of Subscription Fees. Where we do not receive payment of the Subscription Fees within the due date for a Subscription, you shall be notified of such non-payment. We must receive payments within a maximum of ten (10) days from the date of our notice. If we do not receive a payment within the above mentioned time period, in addition to our right to other remedies available under law, we may (i) charge interest for late payment (a) @ 1.5% per month on the outstanding balance where the Subscription Fees is payable monthly; or (b) @ 1.5% per month on the outstanding balance where the Subscription Fees is payable annually; and (ii) suspend your access to and use of the Services until we receive your payment of the outstanding Subscription Fees; or (iii) terminate the Subscription, in our sole discretion.

Penalty Fees for All Platform Users. TUDO may also charge penalty Fees for fraud, misconduct, or other violations of these Terms, as determined in our sole discretion.

Renewal. For any Renewal Term (as defined below), unless otherwise agreed to in a Pricing Agreement, we reserve the right to change the subscription fees and billing methods upon a ten (10) day notice. For existing Subscriptions for which the Subscription Fees have been already received by Us, we will implement the price changes during the next Renewal Term.

Refunds. Unless otherwise specified in these Terms or Pricing Agreement, all Subscription, Charges, Fees are final and non-refundable. We do not provide refunds or credits for any partial use or non-use of the Services.

Upgrades and Downgrades. You may upgrade or downgrade between the Plans. You understand that downgrading may cause loss of features or capacity of the Services as available to you before downgrading your Subscription. We will not be liable for such loss. When you upgrade or downgrade, the new Subscription Fees become immediately applicable. Upon upgrade, the new Subscription Fees for the subsisting month would be charged on a prorated basis and shall be payable in accordance with Section (Payment). Subsequent months will be charged in full according to the new Subscription Fees and any credits will be adjusted appropriately.

Benefits. We may, at our sole discretion, offer you certain non-transferable benefits (such as discounts on Subscription Fees or a free extension in Term) specific to a Subscription. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of six (6) months from their date of the offer.

SUBSCRIPTION TERM, TERMINATION, AND SUSPENSION

Term. Unless otherwise specified in a Pricing Agreement, a Subscription is valid for a period of one (1) calendar month for Monthly subscription and twelve (12) months on Annual subscription from the date of your Subscription ("Initial Term") and shall renew automatically for a term equivalent in length to the then expiring term ("Renewal Term") unless terminated in accordance with these Terms. For the purposes of these Terms, "Term" shall mean the Initial Term and any Renewal Terms.

Termination by You. You may terminate a Subscription at any time by raising a request for cancellation of your Subscription or contact us by sending an email to [e-mail] and ceasing all use of the Services.

Suspension and Termination by Us. In the event of any actual or threatened breach of these Terms by you (including non-payment of Subscription Fees), we may immediately suspend all or part of your Subscription(s). We may terminate these Terms, including your Subscription(s) if you have breached any of these Terms and if that breach can be cured, you fail to cure that breach within fifteen (15) days after receiving written notice of that breach from us ("your Cure Period").

CONSEQUENCES OF TERMINATION OF A SUBSCRIPTION

Consequences. We shall not be liable to you or any other third party for suspension or termination of your Subscription or your access to and use of the Services, including any destruction of Service Data if such suspension or termination is in accordance with these Terms. Upon any termination of a Subscription, all rights, including the right to access and use the Services granted to you will immediately cease and payment methods associated with End-Customers shall not be charged with immediate effect. You shall immediately destroy (or, at our request, return) our Confidential Information in your possession or control.

Data Export. Following termination of a Subscription, we will retain that Account's Service Data for one hundred and twenty (120) days from such date of termination ("Data Retention Period") beyond which, we will have no obligation to maintain or provide you, Users and End-Customers access to Service Data. Thereafter, unless legally prohibited, we reserve the right to destroy all Service Data in our possession in the normal course of our operations in accordance with the Privacy Notice. You agree that you are solely responsible for exporting Service Data prior to termination of a Subscription, and if you require assistance for exporting Service Data during the Data Retention Period, you may be required to pay a separate fee to Us.Subscription Fees. Unless waived by us in writing or where the total Subscription Fees has already been prepaid, if a Subscription is terminated in accordance with Section (Termination by You) or (Suspension and Termination by Us) of these Terms, in addition to other amounts you may owe Us, you must immediately pay all unpaid Subscription Fees for the Term accrued through and including your Cure Period. The sole exclusion to this payment obligation is when you terminate a Subscription as a result of a material breach of these Terms by us (provided that you provide notice of such breach to us and afford us not less than fifteen (15) days ("Our Cure Period") to reasonably cure such breach), in which case, you are eligible to receive a refund of any unused Subscription Fees prepaid by you for Services not rendered from the date of such termination.