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Terms of payment

1. Scope and Use of the Payment Services

1.1. FRAIDER INC. provides payments services to Clients, including payment collection services, payments and payouts, in connection with and through the FRAIDER Platform (“Payment Services”).

1.2. FRAIDER INC. may temporarily and under consideration of the Clients’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. FRAIDER INC. may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. FRAIDER INC. will provide notice to Clients of any changes to the Payment Services, unless such changes do not materially increase the Clients’ contractual obligations or decrease the Clients’ rights under these Payments Terms.

1.3. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. FRAIDER INC. is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by FRAIDER INC. of such Third-Party Services.

1.4. You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

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2. Key Definitions

“Payout” means a payment initiated by FRAIDER INC. to a Client for services (such as Listing Fees) performed in connection with the FRAIDER Platform.

“Payment Method” means a financial instrument that you have added to your FRAIDER Account, such as a credit card, debit card, or PayPal account.

“Payout Method” means a financial instrument that you have added to your FRAIDER Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available), business bank account.

Modification of these Payments Terms

FRAIDER INC. reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the FRAIDER Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4. Eligibility, Client Verification

4.1. You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you are 18 or older.

4.2. FRAIDER INC. may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.3. We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize FRAIDER INC. to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. FRAIDER INC. reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5. Account Registration

5.1. In order to use the Payment Services, you must have an FRAIDER Account in good standing. If you or FRAIDER closes your FRAIDER Account for any reason, you will no longer be able to use the Payment Services.

5.2. You may authorize a third party to use your FRAIDER Account. You acknowledge and agree that anyone you authorize to use your FRAIDER Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. If you reside in the EEA this Section 5.2 does not apply.

6. Payment Methods and Payout Methods

6.1. When you add a Payment Method or Payout Method to your FRAIDER Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to FRAIDER INC. or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up to date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

  • Your residential address, name on the account, account type, routing number, account number, debit or credit card number, address, email address, payout currency, identification number and account information associated with a particular payment processor.

6.2. When you add or use a new Payment Method, FRAIDER INC. may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your FRAIDER Account so it can be used for a future transaction.

6.3. Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and FRAIDER INC. is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.4. You authorize FRAIDER INC. to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your FRAIDER Account

6.5. You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. FRAIDER INC. is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

6.6. If your Contracting Entity's location is different than the country of your Payment Method or your selected currency is different than your Payment Method billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown-on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

7. Financial Terms for Contractors

7.1. Generally

Generally speaking, FRAIDER INC. will collect the Total Fees from a Client at the time the Client’s booking request is accepted by the Contractor, or at any other time mutually agreed between the Client and FRAIDER INC.

7.2. Payouts

7.2.1. In order to receive a Payout, you must have a valid Payout Method linked to your FRAIDER Account. FRAIDER INC. will generally initiate Payouts to your selected Payout Method: for Activity, 24 hours after the end of the Activity. In certain jurisdictions or instances, FRAIDER INC. may offer you a different time or trigger for payment. For example, in certain cases, eligible Contractors may be able to receive a Payout for an Activity prior to the start of the Activity. Any such alternative Payout option may be subject to additional terms and conditions.

7.2.2. The time it takes to receive Payouts once released by FRAIDER INC. may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. FRAIDER INC. may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

7.2.3. Your Payout for an Activity will be the Listing Fee less applicable Contractors Fees and Taxes.

7.2.4. In the event of a Client’s cancellation of a confirmed booking, FRAIDER INC. will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.

7.2.5. FRAIDER INC. will remit your Payouts in your currency of choice, depending upon your selections via the FRAIDER Platform and as further set out in Section 11. Amounts may be rounded up or down as described in the Terms of Use.

7.2.6. For compliance or operational reasons, FRAIDER INC. may limit the value of each individual Payout. If you are due an amount above that limit, FRAIDER may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

8. Financial Terms for Clients

8.1. You authorize FRAIDER INC. to charge your Payment Method the Total Fees for any booking requested in connection with your FRAIDER Account. FRAIDER INC. will collect the Total Fees in the manner agreed between you and FRAIDER INC. via the FRAIDER Platform. FRAIDER INC. will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), FRAIDER INC. will collect the Total Fees at the time of your booking request or after the Host accepts your booking request. FRAIDER INC. may offer alternative options for the timing and manner of payment. For example, in some cases, Guests may be required to pay or have the option to pay for Host Services in multiple installments. Any additional fees for using offered payment options will be displayed via the FRAIDER INC. and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If FRAIDER INC. is unable to collect the Total Fees as scheduled, FRAIDER INC. will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

8.2. When you request to book a Listing, FRAIDER INC. may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

8.3. f a requested booking is cancelled either because it is not accepted by the Contractor or you cancel the booking request before it is accepted by the Contractor, any amounts collected by FRAIDER INC. will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

8.4. You authorize FRAIDER INC. to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your FRAIDER Account. You hereby authorize FRAIDER INC. to collect any amounts due, by charging the Payment Method provided at checkout, either directly by FRAIDER Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the FRAIDER Platform (such as gift cards).

9. Appointment of FRAIDER INC. as Limited Payment Collection Agent

9.1. Each User collecting payment for services provided via the FRAIDER Platform (such as Contractor Services or certain transactions facilitated through the Technical Support) (“Contractor”) hereby appoints FRAIDER INC. as the Contractor’s payment collection agent solely for the limited purpose of accepting funds from Clients purchasing such services (“Clients”).

9.2. Each Contractor agrees that payment made by a Client through FRAIDER INC., shall be considered the same as a payment made directly to the Contractor, and the Contractor will provide the purchased services to the Client in the agreed-upon manner as if the Contractor has received the payment directly from the Client. Each Contractor agrees that FRAIDER INC. may refund the Client in accordance with the Terms of Use. Each Contractor understands that FRAIDER INC. obligation to pay the Contractor is subject to and conditional upon successful receipt of the associated payments from Client. FRAIDER INC. guarantees payments to Contractors only for such amounts that have been successfully received by FRAIDER INC. from Clients in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Contractor, FRAIDER INC. assumes no liability for any acts or omissions of the Contractors.

9.3. Each Client acknowledges and agrees that, notwithstanding the fact that FRAIDER INC. is not a party to the agreement between you and the Contractor, FRAIDER INC. acts as the Contractor’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Contractor. Upon your payment of the funds to FRAIDER INC., your payment obligation to the Contractor for the agreed upon amount is extinguished, and FRAIDER INC. is responsible for remitting the funds to the Contractor in the manner described in these Payments Terms, which constitute FRAIDER INC. agreement with the Contractor. In the event that FRAIDER INC. does not remit any such amounts, the Contractor will have recourse only against FRAIDER INC. and not the Client directly.

10. General Financial Terms

10.1. Fees

FRAIDER INC. may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Users via the FRAIDER Platform. The amount of commission for Client can be from 9% to 15% from the cost of Activity or other services of the Contractor . The amount of commission for Contractor can be from 9% to 15% from the cost of Activity or other services of the Contractor.

10.2. Payment Authorizations

You authorize FRAIDER INC. to collect from you amounts due pursuant to these Payment Terms or the Terms of Use. Specifically, you authorize FRAIDER INC. to collect from you:

  • Any amount due to FRAIDER (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Client, Contractor or user of the FRAIDER Platform), including reimbursement for costs prepaid by FRAIDER on your behalf, by charging any Payment Method on file in your FRAIDER Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by FRAIDER INC. will set off the amount owed by you to FRAIDER INC. and extinguish your obligation to FRAIDER.
  • Any amount due to a Contractor from a Client which FRAIDER collects as the Contractor’s payment collection agent as further set out in Section 9 above.
  • Taxes, where applicable and as set out in the Terms of Use.
  • Any amount you pay through the Technical Support in connection with your FRAIDER Account. FRAIDER INC. may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your FRAIDER Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
  • Overstay Fees payable under the Terms of Use. In addition, FRAIDER INC. may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your FRAIDER Account (unless you have previously removed the authorization to charge such Payment Method(s)).
  • Any Service Fees or cancellation fees imposed pursuant to the Terms of Use (e.g., if, as a Contractor, you cancel a confirmed booking). FRAIDER INC. will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
  • Fees improperly paid to you as a Contractor. If, as a Contractor, your Client cancels a confirmed booking or FRAIDER decides that it is necessary to cancel a confirmed booking, and FRAIDER issues a refund to the Client in accordance with the Terms of Use, or other applicable cancellation policy, you agree that in the event you have already been paid, FRAIDER INC. will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
  • Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the Terms of Use. If FRAIDER INC. is unable to collect from your Payment Method used to make the booking, you agree that FRAIDER INC. may charge any other Payment Method on file in your FRAIDER Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). FRAIDER INC. also reserves the right to otherwise collect payment from you and pursue any remedies available to FRAIDER INC. in this regard in situations in which you are responsible for a Damage Claim pursuant to the Terms of Use, including, but not limited to, in relation to any payment requests made by Contractor under the FRAIDER Contractor Guarantee.
  • Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your FRAIDER Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by FRAIDER INC. will setoff the amount owed by you to FRAIDER and extinguish your obligation to FRAIDER.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

10.3. Refunds

10.3.1. Any refunds or credits will be initiated and remitted by FRAIDER INC.

10.3.2. FRAIDER INC. will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.

10.4. Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by FRAIDER INC. or a third party such as your financial institution.

10.5. Collections

10.5.1. If FRAIDER INC. is unable to collect any amounts you owe under these Payments Terms, FRAIDER INC. may engage in collection efforts to recover such amounts from you.

10.5.2. FRAIDER INC. will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after FRAIDER INC. first attempts to charge the Client’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Contractor’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Contractor’s account or the associated services have been provided, whichever is later.

10.5.3. FRAIDER INC. will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after FRAIDER INC. first attempts to charge the Client’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Contractor’s future Payouts, after the adjustment is made to the Contractor’s account or the associated services have been provided, whichever is later.

10.5.4. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to FRAIDER and/or FRAIDER INC. by you. Such communication may be made by FRAIDER, FRAIDER INC., or by anyone on their behalf, including but not limited to a third-party collection agent.

11. Currency Conversion

FRAIDER INC. will process each transaction in the currency the Client selected via the FRAIDER Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Client's selected Payment Method or Payout Method and/or the Client’s country of residence or FRAIDER contracting entity(ies). Any such limitations will be communicated via the FRAIDER Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Client’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Client selects to make or receive payments, and FRAIDER INC. is not responsible for any such fees and disclaims all liability in this regard.

12. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Terms of Use;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your FRAIDER Account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FRAIDER INC. or any of FRAIDER INC. providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

13. Intellectual Property Ownership, Rights Notices

13.1. The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of FRAIDER, FRAIDER INC. and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of FRAIDER or FRAIDER INC. used on or in connection with the Payment Services are trademarks or registered trademarks of FRAIDER or FRAIDER INC. in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.

13.2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FRAIDER, FRAIDER INC., or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

14. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section on FRAIDER Platform. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

15. Disclaimers

15.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

15.2 Notwithstanding FRAIDER INC. appointment as the limited payment collection agent of Contractors for the purposes of accepting payments from Clients through the FRAIDER Platform, FRAIDER INC. explicitly disclaims all liability for any act or omission of any User or other third party. FRAIDER INC. does not have any duties or obligations as agent for each Contractor except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

15.3 If we choose to conduct identity verification on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

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16. Liability

16.1. Except as provided in Section 16.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your FRAIDER Account in any way, you are responsible for the actions taken by that person. Neither FRAIDER INC. nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not FRAIDER INC. has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Contractors pursuant to these Payments Terms or an approved payment request under the Contractor Guarantee, in no event will FRAIDER INC. aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the FRAIDER INC.m as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Contractor, the amounts paid by FRAIDER INC. to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FRAIDER INC. and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect FRAIDER INC. liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

16.2. If you reside in the EEA or Australia and contract with Airbnb Payments Australia, Section 16.1 does not apply, and FRAIDER INC. is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. FRAIDER INC. is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of FRAIDER INC. in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of FRAIDER INC. is excluded to the maximum extent allowed by applicable law.

17. Termination, Suspension, and other Measures

17.1. This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section 16.

17.2. You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Terms of Use. Terminating this Agreement will also serve as notice to cancel your FRAIDER Account pursuant to the Terms of Use. If you cancel your FRAIDER Account as a Contractor, FRAIDER INC. will provide a full refund to any Cliets with confirmed booking(s). If you cancel your FRAIDER Account as a Client, FRAIDER INC. will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

17.3. Without limiting our rights specified below, FRAIDER INC. may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Users contracting with FRAIDER INC. UK or FRAIDER INC. Luxembourg).

17.4. FRAIDER INC. may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) FRAIDER INC. believes in good faith that such action is reasonably necessary to protect other USers, FRAIDER, FRAIDER INC., or third parties (for example in the case of fraudulent behavior of a User).

17.5. In addition, FRAIDER INC. may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Terms of Use, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) FRAIDER INC. believes in good faith that such action is reasonably necessary to protect the personal safety or property of FRAIDER, its Users, FRAIDER INC., or third parties, or to prevent fraud or other illegal activity.

17.6. In case of non-material breaches and where appropriate, you will be given notice of any measure by FRAIDER INC. and an opportunity to resolve the issue to FRAIDER INC. reasonable satisfaction.

17.7. If FRAIDER INC. takes any of the measures described in this Section you may appeal such a decision by contacting customer service.

17.8. If you are a Contractor and we take any of the measures described in this Section we may refund your Clients in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

17.9. If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new FRADIER Account or attempt to access and use the Payment Services through other an FRADIER Account of another User.

17.10. Unless your country of residence is in the EEA, Sections 10 and 15 to 25 of these Payments Terms shall survive any termination or expiration of this Agreement.

18. Applicable Law and Jurisdiction

18.1. If you are contracting with FRAIDER INC. US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

18.2. If you are contracting with FRAIDER China, these Payments Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Payments Terms shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which FRAIDER INC. may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.

18.3. If you are contracting with FRAIDER INC. UK, these Payments Terms will be interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in England or a court with jurisdiction in your place of residence. If FRAIDER INC. wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.

18.4. If you are contracting with FRAIDER INC. Luxembourg, these Payments Terms will be interpreted in accordance with Luxembourg law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in Luxembourg or a court with jurisdiction in your place of residence. If FRAIDER INC. wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Luxembourg courts.

18.5. If you are contracting with FRAIDER INC. India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms shall be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which FRAIDER INC. may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.

18.6. If you are contracting with FRAIDER INC. Australia, these Payments Terms are governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this Agreement.