Terms of Service

1.1 Platform Description. Caprice is operated by Anyone LLC, 1178 Broadway, 3rd Floor #1504, New York, NY, United States (referred to as “we,” “us,” “our,” “the Platform,” or “the Company”). Caprice is a digital platform that allows users (“Senders”) to send money-backed requests to public figures and content creators (“Creators”). Payments are held securely until the request is accepted, declined, or expires.

1.2 Binding Agreement. THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CAPRICE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

1.3 Acceptance Through Use. By creating an account, accessing, or using the Platform in any manner, you affirm that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any other policies referenced herein, which are incorporated by reference.

1.4 Modification of Terms. We will notify all users via email and platform notifications of any material changes to these Terms at least 30 days before such changes take effect. Your continued use of the Platform after the effective date of such changes constitutes your acceptance of the modified Terms. The most current version of the Terms will always be available on the Platform.

2.1 “Platform” refers to Caprice, including its website, mobile applications, services, tools, and features.

2.2 “Sender” refers to any individual who uses the Platform to send money-backed requests to Creators.

2.3 “Creator” refers to any individual who has registered a profile on the Platform and receives requests from Senders.

2.4 “Caprice” or “Request” refers to a money-backed request sent by a Sender to a Creator through the Platform.

2.5 “Services” refers to all services provided by the Platform, including facilitating connections between Senders and Creators, processing payments, holding funds securely, and providing encrypted communication tools.

2.6 “Content” refers to any text, images, videos, audio, or other material uploaded, shared, or transmitted through the Platform by users.

2.7 “Secure Payment Hold” refers to the temporary authorization or holding of funds by the Platform until a request is accepted, declined, or expires. The Platform does not operate as a fiduciary or escrow agent and holds funds solely for security and transaction facilitation purposes.

2.8 “Dispute” refers to a formal complaint filed by a Sender claiming that a Creator has not fulfilled a request as agreed.

3.1 Age Requirements. You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old.

3.2 Account Creation. To use the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.4 Accuracy of Information. You represent and warrant that all information you provide to the Platform is accurate and complete. Providing false or misleading information may result in immediate termination of your account.

4.1 Service Description. The Platform provides a digital space that allows Senders to make money-backed requests to Creators. The Platform facilitates connections, handles payments through secure holding, and provides encrypted communication tools.

4.2 Secure Payment Hold. When a Sender sends a caprice, an authorization hold is placed on their payment method. Funds are only captured if the Creator accepts the request. If the Creator declines or does not respond within 72 hours, the authorization is automatically released. The Platform holds funds for security purposes only and not as a fiduciary escrow service.

4.3 Communication Tools. The Platform provides end-to-end encrypted communication tools for Senders and Creators to discuss and fulfill requests. These communications may be decrypted by the Platform only in the event of a formal dispute.

4.4 Request System. Senders can browse Creator profiles, write a request, and attach a monetary offer. Creators can accept, decline, or counter any request at their sole discretion.

4.5 Anonymity. Sender identity is not disclosed to Creators. Only the request content and the attached monetary amount are visible to the Creator unless the Sender chooses to reveal their identity during the conversation.

5.1 Prohibited Activities. By using the Platform, you agree not to:

• Violate any applicable local, national, or international laws, regulations, or third-party rights;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any individual or organization;
• Harass, threaten, stalk, intimidate, or otherwise interfere with the privacy or rights of other users;
• Upload, post, transmit, or otherwise make available any content that is illegal, harmful, abusive, defamatory, obscene, hateful, or otherwise objectionable;
• Attempt to bypass, avoid, or manipulate the Platform's payment or secure holding system;
• Use the Platform to engage in or promote any form of fraud, scam, or unauthorized commercial activity;
• Interfere with, disrupt, or adversely affect the operation, security, or accessibility of the Platform;
• Attempt to gain unauthorized access to any portion of the Platform, including private accounts, communications, or data;
• Use, develop, or deploy automated tools, bots, scripts, or data extraction software without express written permission from the Platform;
• Use the Platform to repeatedly contact Creators who have not expressed interest in receiving offers.

Violations may result in immediate suspension or termination of your account, legal action, and reporting to law enforcement authorities where appropriate.

5.2 Content Restrictions. You agree not to upload, post, share, or transmit any content that:

• Violates any applicable law or regulation;
• Infringes any intellectual property right, proprietary right, or the right of publicity or privacy of any third party;
• Contains viruses, malware, corrupted data, or any other harmful files or code;
• Constitutes unsolicited advertising, spam, or any other form of solicitation;
• Depicts, involves, references, or appears to involve any individuals under the age of 18, in any context. Such content is strictly prohibited and will result in immediate account termination and potential legal action;
• Provides regulated services such as medical, legal, or financial advice unless expressly permitted.

5.3 Communication Guidelines.All communications between Senders and Creators must be conducted through the Platform. Sharing external contact information to circumvent the Platform's payment system is prohibited.

6.1 Creator Registration. To register as a Creator, you must create a Caprice profile and complete the onboarding process, including identity verification and payment setup through our payment partner (Stripe).

6.2 Request Fulfillment.Creators are solely responsible for completing the requests they accept from Senders. The Platform does not evaluate, verify, or guarantee the quality, accuracy, or completeness of a Creator's fulfillment. By using the Platform, Senders acknowledge that the Platform's role is strictly limited to facilitating transactions and communications.

6.3 Payment Receipt.Payments are processed through Stripe and held securely until a request is marked as fulfilled by the Creator. Funds are typically released to Creators within 5–14 days after fulfillment, provided no dispute is filed.

6.4 Tax Obligations. Creators are solely responsible for reporting and paying all applicable taxes on income earned through the Platform. The Platform may provide tax documentation as required by law.

6.5 Content Ownership. Creators retain ownership of all content they create in fulfillment of requests. By fulfilling requests through the Platform, Creators grant Senders a non-exclusive license to use the content for personal, non-commercial purposes.

6.6 Pricing. Creators may set a minimum offer amount on their profile. Senders may offer any amount equal to or above that minimum. Creators may accept, decline, or counter any offer at their sole discretion.

7.1 Payment Processing. All payments on the Platform are processed through Stripe. The Platform does not store credit card information.

7.2 Currency. All payments on the Platform are processed in US Dollars (USD). If your payment method uses a different currency, Stripe may apply currency conversion fees. You are responsible for any conversion fees applied by Stripe or your financial institution.

7.3 Platform Commission. The Platform charges a commission on all transactions. This commission is deducted from the payment before it is released to the Creator. The current commission rate is displayed during the transaction process.

7.4 Secure Payment Hold Process. When a Sender sends a caprice, an authorization hold is placed on their payment method. If the Creator accepts, the funds are captured and held securely until fulfillment. If the Creator declines or does not respond within 72 hours, the authorization is automatically released. Funds are held for security purposes only and not as a fiduciary escrow service.

7.5 Payment Release Conditions. Payments are released to Creators when: (a) the Creator marks a request as fulfilled; and (b) no dispute is filed by the Sender within the applicable timeframe; or (c) a dispute is resolved in favor of the Creator.

7.6 Refund Policy. All offers and payments are generally final once a Creator has accepted the offer, except in the following circumstances:

• Fraud: If fraudulent activity is detected or proven;
• Failure to Deliver: If a Creator fails to deliver the agreed-upon service;
• Platform Error: If a technical error results in incorrect charges;
• Creator Non-Response: If a Creator accepts an offer but fails to respond within 7 days;
• Misrepresentation: If a Creator materially misrepresents their ability to fulfill a request;
• Pre-Acceptance Cancellation: If a Sender cancels before the Creator accepts, no funds are captured and the authorization is voided;
• Creator Rejection: If a Creator declines or cancels after acceptance, the payment is refunded in full.

Refund requests must be submitted within 30 days of the original transaction. The Platform reserves the right to investigate all refund claims and may require evidence. False dispute claims or abuse of this system may result in account penalties or bans.

8.1 Dispute Filing. Senders may file disputes if they believe a Creator has not fulfilled a request as agreed. Disputes must be filed within 14 days of the request being marked as fulfilled.

8.2 Dispute Process.Upon receiving a dispute, the Platform will review all available evidence, including communications between the Sender and Creator. The dispute resolution process (“SealGuard”) involves AI-assisted analysis followed by human moderation when necessary. The Platform's decision on disputes is final and binding.

8.3 Communication Decryption. In the event of a dispute, the Platform reserves the right to decrypt and review communications between the Sender and Creator to determine the facts of the case.

8.4 Dispute Resolution Timeline.The Platform aims to resolve disputes within 7–14 business days of filing. Complex disputes may take longer.

8.5 Dispute Outcomes. Dispute outcomes may include: (a) full refund to the Sender; (b) partial refund to the Sender; (c) no refund (dispute resolved in favor of the Creator); or (d) additional requirements for the Creator to fulfill the request.

8.6 False Dispute Penalties. Filing false or frivolous disputes is prohibited and may result in: (a) account suspension or termination; (b) forfeiture of disputed funds; (c) permanent ban from the Platform.

9.1 Content Ownership. Creators retain ownership of all content they create in fulfillment of requests. By using the Platform, Creators grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and distribute their content solely for the purpose of operating the Platform.

9.2 Limited License. By posting content on the Platform, you grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content solely for the purpose of operating the Platform.

9.3 Copyright Infringement. The Platform respects the intellectual property rights of others. If you believe your copyright has been infringed, please contact us with information sufficient to identify the allegedly infringing content.

9.4 DMCA Compliance. The Platform complies with the Digital Millennium Copyright Act (DMCA). We will remove content that infringes copyright upon proper notification.

10.1 End-to-End Encryption. All communications between Senders and Creators on the Platform are end-to-end encrypted. The Platform cannot access these communications except in the case of a formal dispute, as described in Section 8.3.

10.2 Data Sharing for Chargebacks.If a Sender initiates a chargeback through their payment provider, the Platform reserves the right to share all available data with the Sender's bank or payment provider to defend against the chargeback. This includes communications, transaction details, and any other relevant information.

10.3 Data Collection and Use. The Platform collects and uses data as described in our Privacy Policy. By using the Platform, you consent to the collection and use of your data as described therein.

10.4 Data Security. The Platform implements industry-standard security measures including: (a) end-to-end encryption for communications; (b) secure payment processing through certified providers; (c) regular security audits and updates; (d) data minimization practices; (e) secure server infrastructure. However, no method of transmission over the Internet is 100% secure. We cannot guarantee the absolute security of your data.

10.5 Geographic Compliance. We recognize that laws regarding data privacy vary by jurisdiction. For users in the European Economic Area and UK, we provide additional rights under GDPR. For users in California, we provide additional rights under the CCPA/CPRA. Users may contact [email protected] with jurisdiction-specific inquiries.

11.1 Platform Role. The Platform is a facilitator of connections and transactions between Senders and Creators. The Platform is not responsible for the actions or content of Senders or Creators.

11.2 Real-Life Meetings.THE PLATFORM IS NOT RESPONSIBLE FOR ANY CONSEQUENCES IF A USER DECIDES TO MEET A CREATOR OR ANOTHER USER IN REAL LIFE. SUCH MEETINGS ARE ENTIRELY AT THE USER'S OWN RISK. THE PLATFORM STRONGLY DISCOURAGES USERS FROM MEETING IN PERSON. THE PLATFORM IS NOT RESPONSIBLE FOR ANY REAL-WORLD CONSEQUENCES, ACTIONS, OR OUTCOMES THAT MAY ARISE FROM ANY OFFER MADE, ACCEPTED, OR FULFILLED THROUGH THE PLATFORM.

11.3 Request Fulfillment.THE PLATFORM IS NOT RESPONSIBLE IF A CREATOR FAILS TO FULFILL A PAID REQUEST OR FAILS TO MEET ANY PROMISES MADE TO A SENDER. WHILE THE PLATFORM PROVIDES A DISPUTE RESOLUTION PROCESS, THE PLATFORM CANNOT GUARANTEE THAT ALL REQUESTS WILL BE FULFILLED TO THE SENDER'S SATISFACTION.

11.4 General Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING ADVICE GIVEN BY CREATORS, FILES SENT BY CREATORS, OR UNAUTHORIZED USE OF ACCOUNTS; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, INCLUDING SCREENSHOTTING, SHARING, OR LEAKING OF PRIVATE CONVERSATIONS.

11.5 Limitation of Damages.IN NO EVENT SHALL THE PLATFORM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO THE PLATFORM IN THE PAST SIX MONTHS.

11.6 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PLATFORM AND YOU.

12.1 “As Is” Provision.THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 No Guarantees. THE PLATFORM DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS.

12.3 Satisfaction Disclaimer.THE PLATFORM DOES NOT GUARANTEE USER SATISFACTION WITH ANY ASPECT OF THE SERVICE, INCLUDING CREATOR INTERACTIONS, REQUEST FULFILLMENT, OR CONTENT QUALITY. THE PLATFORM'S DISPUTE RESOLUTION PROCESS IS LIMITED TO DETERMINING WHETHER A REQUEST WAS FULFILLED ACCORDING TO THE AGREED-UPON TERMS, NOT WHETHER THE FULFILLMENT MET SUBJECTIVE QUALITY EXPECTATIONS.

12.4 Creator Advice and Content. THE PLATFORM IS NOT RESPONSIBLE FOR ANY ADVICE, OPINIONS, INFORMATION, PROMISES, OR CONTENT PROVIDED BY CREATORS. USERS RELY ON CREATOR CONTENT AND ADVICE AT THEIR OWN RISK.

12.5 User Conduct. THE PLATFORM IS NOT RESPONSIBLE FOR THE CONDUCT OF ITS USERS, INCLUDING UNAUTHORIZED SCREENSHOTTING, SHARING, OR LEAKING OF PRIVATE CONVERSATIONS. WHILE OUR TERMS PROHIBIT SUCH ACTIONS, WE CANNOT GUARANTEE COMPLIANCE BY ALL USERS.

12.6 Account Security. WHILE WE IMPLEMENT SECURITY MEASURES, THE PLATFORM IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR CREDENTIALS AND REPORTING ANY SUSPECTED UNAUTHORIZED ACTIVITY IMMEDIATELY.

12.7 Files and Viruses. THE PLATFORM IS NOT RESPONSIBLE FOR ANY FILES, INCLUDING THOSE CONTAINING VIRUSES OR MALWARE, SENT OR SHARED BY CREATORS OR OTHER USERS. USERS DOWNLOAD OR ACCESS FILES SHARED THROUGH THE PLATFORM AT THEIR OWN RISK.

13.1 Force Majeure Events. Neither party shall be liable for any failure or delay in performance (other than payment obligations) due to circumstances beyond their reasonable control, including: acts of God, natural disasters, pandemic, terrorism, war, governmental actions, power failures, internet outages, cyberattacks, or other similar events.

13.2 Extended Force Majeure. If a force majeure event continues for more than 30 consecutive days, either party may terminate any affected services upon written notice. In such case, Senders will receive refunds for any unfulfilled requests, and Creators will receive payment for any completed work.

14.1 Mandatory Arbitration. ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE RESOLVED THROUGH BINDING ARBITRATION. Users waive their right to pursue claims in court or before a jury. Any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by arbitration.

14.2 Class Action Waiver. USERS EXPRESSLY WAIVE THEIR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS ARBITRATIONS, OR ANY COLLECTIVE LEGAL PROCEEDINGS. All disputes must be resolved individually through arbitration.

14.3 Arbitration Procedures.Arbitration shall be conducted under the rules of the American Arbitration Association. The arbitration will be conducted by a single arbitrator, and the arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.4 Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15.1 Term. These Terms shall remain in full force and effect while you use the Platform.

15.2 Termination by You. You may terminate your account at any time by following the instructions on the Platform or by contacting us.

15.3 Termination by Platform. The Platform may terminate or suspend your account at any time for any reason, including violation of these Terms. Upon termination, your right to use the Platform will immediately cease.

15.4 Effect of Termination. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16.1 Governing Law. These Terms shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

16.2 Jurisdiction. Any dispute arising from these Terms that is not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware, USA. You consent to the personal jurisdiction of such courts.

17.1 Entire Agreement. These Terms constitute the entire agreement between you and the Platform regarding the use of the Platform and supersede all prior agreements and understandings.

17.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17.3 No Waiver. The failure of the Platform to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment.You may not assign or transfer these Terms without the Platform's prior written consent. The Platform may assign or transfer these Terms at its sole discretion without restriction.

17.5 Notices. Any notices or other communications provided by the Platform will be given by posting to the Platform or by email to the address you provide.

17.6 Contact Information. If you have any questions about these Terms, please contact us at: [email protected]