Terms of Service
GENERAL – AGREEMENT
1. Welcome to Possbly (“Platform”), provided by POSSBLY PTE. LTD. (“Possbly”, “company”, “we”, “us” or “our”) which is established and based in Singapore.
2. Please read this Terms of Service and all other incorporated policies including the Privacy Notice provided by us (collectively the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use our social media platform as a service which is accessible via websites (https://www.possbly.app, https://possbly.app, https://possbly.com ) and mobile web application installation on your smart devices.
3. This Terms of Service is also applicable to other Services such as inquiries about our social media platform, and seeking user support Services (collectively, the “Services”).
4. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, affiliated personnel, agents or contractors.
5. Your access and use of this Services and related services and products, however you access them, constitutes your acceptance and agreement to be bound by these Terms. You form a legally binding user contract with us when you confirm that you accept these Terms or when you otherwise use the Services. For clarification, this is a legally binding user contract between you and us. You should read it carefully and in full, to ensure you are fully informed. If you have any questions about the Terms, please contact us for user support via the contact form. If you do not accept the Terms in full, you should immediately cease all usage of our Services.
6. Specifically, your user contract is with Possbly Pte. Ltd. which is a company registered and based in Singapore with its registered office at Wood Square Tower 1, 12 Woodlands Square, #13-88, Singapore 737715.
7. In case of any violation of these Terms, Possbly reserves the right to seek all remedies available under the law and in equity for such violations. These Terms apply in respect of any and all visits to this Services, both now and in the future. No provision in these Terms will be waived and no failure to comply consented to unless expressly agreed to by Possbly.
8. Possbly may, from time to time and at its sole and absolute discretion, amend these Terms without prior notice. The amended Terms will be posted on this Services. Your access and use of these Services after the amended Terms have been posted will constitute your acceptance and agreement to be bound by the amended Terms. For the avoidance of doubt, references to these "Terms" shall include such Terms of Service, and other incorporated policies stated herein in this Services, as amended from time to time by Possbly and posted on this Services.
APPLICABLE INCORPORATED POLICIES
9. Membership Subscription & Tip Policy: This policy governs the membership subscription and tip to unlock a post.
10. Creator Monetisation Policy: This policy governs creator monetisation of content.
11. Privacy Notice: This policy governs how we collect and handle your personal data.
GOVERNING LAW
12. These Terms and your user contract shall be governed by and construed in accordance with the laws of the Republic of Singapore, and you agree to submit to the exclusive jurisdiction of the Courts in the Republic of Singapore and shall be governed by Singapore Laws, even when in the event of a conflict between the laws of your jurisdiction and laws of Singapore. In the event of law conflict(s), you agree that the laws of Singapore will supersede and control. If you do not agree to any part of this governing law clause or any part or the Terms, you must not access or use our Services.
USER ACCOUNT WITH US
13. To access and use some of our Services, you must create a user account with us. These Terms still apply even if you do not sign up for a free user account and we will still process your personal data in accordance with our Privacy Notice.
14. The minimum age to sign up for a user account is 13 years old. Some countries may require an older age such as 16 years old. Before proceeding, please check with your local laws for the minimum age to sign up for social media platforms.
15. The minimum age to become a verified content creator and receive payment is 18 years old.
16. When you create a user account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
17. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately via the contact us form.
18. You agree that you are solely responsible (to us and to others) for all activities and content that occurs and is posted under your user account. We reserve the right to disable or suspend your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities and posted content occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
19. If your user account is disabled by us, all earnings available for withdrawal under your user account will be forfeited by default without any prior warning before we take action, and without any form of partial or full compensation, rebates, or credits.
20. Depending on the severity of your violations of the Terms, we reserve the right, in our sole discretion, to request you to return to us any earnings paid out to you previously, either in full or in partial amount, in the currency we requested. This does not limit or waive our right to further pursue any legal claims against you such as claims for damages.
21. If your user account is suspended for a period of time, all earnings available for withdrawal under your user account will be withheld by us until such suspension is lifted by us, at our sole discretion.
22. If you no longer want to use our Services again, and would like your user account deleted, contact us via the contact form. We will either provide you with further assistance and guide you through the process or process your user account deletion request at our end immediately. Once you choose to delete your user account, you will not be able to reactivate your user account or retrieve any of the content or information you have added or posted.
23. We reserve the right to ban and/or delete your user account at any time, in our sole discretion, we deem fit to comply with our Terms, and internal policies, such as security measures, and/or to comply with any applicable laws. Once we take such action, we may notify you via email thereafter, if such email notice is permitted by law. If there are any earnings available for withdrawal under such user account, it will be deemed as forfeited by default, without any prior warning before we take action, and without any form of partial or full compensation, rebates, or credits.
24. We reserve the right to edit or delete any content posted under your user account at any time, in our sole discretion, we deem fit to comply with our Terms, internal policies, such as security measures, and public policy, and/or to comply with any applicable laws. We may issue official warnings to you that prohibited content will eventually result in your user account being suspended or disabled by us.
ACCESS AND USE OF SERVICES
25. We provide the Services as an international social media platform as a service in compliance with Singapore’s laws. Also, refer to Governing Law clause.
26. Your access to and use of the Services is subject to the Terms and all applicable laws and regulations. In particular, you may not:
a. access or use the Services if you are not fully able and legally competent to agree to these Terms;
b. sell, distribute, transfer, or license, in whole or in part, any of the Services or any derivative works thereof;
c. market, rent or lease the Services or your user account for a fee or charge;
d. use the Services, without our express written consent, for any unauthorized purpose, including, without limitation, communicating or facilitating any illegal activities;
e. interfere with or attempt to interfere with the proper working of the Services, disrupt our websites or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
f. incorporate the Services or any portion thereof into any other program or product, without our express written consent;
g. use automated scripts to collect information from or otherwise interact with the Services, such as using bots and phishing;
h. impersonate any person or business or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Services;
i. intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
j. use or attempt to use another’s user account, service, or system without authorisation such as hacking into someone else user account;
k. create a false identity for yourself or someone else on the Services;
l. use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as exchanging or trading reviews and/or comments with other users or writing or soliciting fake reviews, fake comments, and fake news;
m. use the Services to upload, transmit, distribute, store or otherwise make available in any way: any content that contains viruses, trojans, malicious content, sensitive content, illegal content; any content which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any content which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any content that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any content that contains a threat of any kind, including threats of physical violence; any content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
n. use the Services to provide any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
o. use the Services to provide any content, in the sole judgment of Possbly, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Possbly, the Services or its users to any harm or liability of any type.
27. We reserve the right, at any time and without prior notice, to remove or disable access to content and your user account (i.e., disabling or suspending your user account) at our discretion for any reason or no reason. Some of the reasons may include finding the content objectionable, infringement of copyrights, in violation of these Terms, or otherwise harmful to the Services or our users, or public policy.
28. All content and activities under your user account are subject to periodical moderation by our content moderators.
29. The main language of the Services is English, but users can use it to post content in their own native languages.
30. The main currency is Singapore Dollars (SGD), and you will pay and get paid in SGD. You are advised to convert to your preferred local currency through third-party payment processors such as PayPal and Stripe. Please note that there may be extra charges levied by third-party payment processors.
31. The Services allow you and others to view, create and share content, and interact with other users on the Platform. You can only upload content in allowable file formats and sizes such as text, audio, video, image, and zipped files.
32. As a user, and above 18 years of age, you can choose to become a verified content creator and build your own membership community with monthly membership fees collected from your members or post a tipped-locked post which users must pay you tip money to unlock each post. To become a verified content creator, you must provide the requested information to get verified before starting to monetise from your user account. Please note that you only have one chance to submit the requested information with accurate details, and failure to do so may result in you registering your user account again. Refer to Creator Monetisation Policy for more information.
33. The permission we give to you is limited to what is allowable in these Terms; is permitted only for you; cannot be transferrable to anyone else by you; and can be withdrawn based on these Terms.
CONTENT
34. CONTENT ON POSSBLY:
a. As between you and Possbly, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Possbly Content”), are either owned or licensed by Possbly, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services.
35. This list provides non-exhaustive examples of content that may lead to the disabling or suspension of your user account. In short, you must not create, post, upload, download, live stream, or otherwise distribute or share any content on the Services which:
a. infringes anyone else’s rights such as copyrights, trademarks, intellectual property, privacy, and personality rights of living or deceased people;
b. contains threat of any kind or directly or indirectly intimidates or harasses others, including content with vulgarities and cursing, including posting any material that is intended to mock, humiliate, embarrass, intimidate, insult, annoy, or hurt an individual or is extremely disturbing to any individual beyond objective reasonableness;
c. spread harmful misinformation which incites hate or prejudice or misleads about or improperly influences medical knowledge, political elections, or other civic processes; including any form of digital content that attacks a specific person or a protected group, such as a call to violence, or denies or distort the truth of a violent or tragic event, or event that has occurred;
d. constitutes, encourages, or provides instructions for a criminal offence, terrorism, or dangerous activities that may lead to illegal criminal conduct, serious injury, death or self-harm or disordered eating;
e. is obscene, pornographic, hateful, inflammatory or promotes sexually explicit material such as by posting and sharing such content or linking to adult or pornographic websites;
f. contains hateful ideology, hateful behaviour, attacks, and slurs or promotes violence or discrimination based on race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender identity, serious disease, disability, immigration status, age;
g. contains or promotes violence on living things, animals, and plants of any type such as animal abuse, poaching, illegal trade of wildlife or intentional destroy plants without good reasons;
h. Content that shares, reshares, offers to trade or sell, or directs users off Services to obtain or distribute Child Sexual Abuse Material (CSAM);
i. Content that engages with minors and adults in a sexualized way, or otherwise sexualizes a minor or adult;
j. content that depicts, solicits, glorifies, or encourages child abuse imagery including nudity, sexualized minors, or sexual activity with minors;
k. Content that depicts, promotes, normalizes, or glorifies paedophilia or the sexual assault of a minor;
l. Content that re-victimized or capitalizes on minor victims of abuse by third-party reshares or re-enactments of assault or confessions;
m. Contains threats of hacking, doxing and blackmail which can cause serious emotional distress and other offline harm and doxxing which is an act of collecting and publishing personal data or personally identifiable information (PII) for malicious purposes;
n. otherwise contains harmful content such as content that causes physical, mental, or moral detriment to minors and any individual;
o. Create malicious software or modify code to artificially increase views, likes, followers, shares, or comments without expressed and written authorisation from us;
p. Impersonation such as posing as another person or entity by using someone else’s name, organization’s name, biographical details, or profile picture in a misleading manner or deceptive manner;
q. Create and operate multiple users accounts under false or fraudulent pretences to distribute commercial spam and conduct illegal activities;
r. Content that promotes human exploitation, including human smuggling, bonded labour, domestic servitude, sex trafficking, or prostitution;
s. Content that promotes vandalism or damage to property, weapons, trade of firearms, ammunition, firearms accessories, explosive weapons, including instructions on how to manufacture weapons but excluding content appearing in an educational context (e.g., as part of museum’s collections), or involving authorised government personnel (e.g., police officer);
t. Content that promotes phishing, Ponzi, multi-level marketing (MLM), or pyramid schemes, investment schemes with the promise of high returns, fixed betting, gambling, deceitful content with an aim to gain unlawful financial or personal advantage, sports betting, lotteries, gambling-related activities, software, mobile apps and services; money laundering, tobacco, controlled substances such as drugs; or
u. Content meant to promote brands but failed to comply with our content rules stated in these Terms.
Your Content
36. You must bear full responsibility for the content you make available on the Services.
37. You should have all the rights needed to create, post, remove or share content on the Services.
38. We may remove or restrict access to any content, including yours, if we reasonably believe (i) it is in breach of these Terms or (ii) it causes harm to us, our affiliates, our users or other third parties.
39. If we remove or restrict access to content, we will notify you without undue delay and state the reasons for our decision, unless it is not appropriate for us to do so or we reasonably believe that doing so would cause damage to us, our affiliates, our users or other third parties, or we are legally prevented from doing so. If you think we have made a mistake in removing or restricting access to your content, you can appeal via email admin@possbly.app and we will review your appeal within 30 days. If we require more information, we will notify you further.
40. If your content had been used by other users to recreate or edit or share your content, this content may stay on the Services even if you subsequently delete your content or your account. You may also make a separate request for those videos containing your content to be deleted by referring to the Copyright Policy.
41. You can choose to either make your content available as a public post or set it as a locked post where users must pay you tip money to unlock it. If you choose to set the post as a locked post, you must ensure that you comply with the content restrictions stated abovementioned or according to the Terms. Empty post or post containing computer phishing coding or computer malware is not allowed, and your content and user account will be deleted and banned, and you will be referred to the local police authority.
42. You should familiarise yourself with settings before you post content on the Services.
Ownership of Content and Grant of Licences
43. We only provide the Services, meaning we do not own your content. Our Terms do not affect your intellectual property rights if you are the rightful and legal owner of it.
44. To provide the Services as a service, we need some rights from you called a licence. The details of these licenses are set out herein.
45. By creating, posting, or otherwise making content available on the Services, you grant to Possbly:
45.1. non-exclusivity which means you can licence your content to others;
45.2. transferability which means that we can give the rights you give us to someone else;
45.3. sub-licensable which means that we can licence your content to others, e.g., to service providers that help us to provide the Services or to trusted third parties that have entered into agreements with us to operate, develop and provide the Services;
45.4. royalty-free which means that we don’t have to pay you for this licence and
45.5. global licence which means that the licence applies anywhere in the world.
46. In short, you grant to Possbly a non-exclusive, royalty-free, transferable, sub-licensable and worldwide licence to use your content, including to reproduce (e.g. copy), adapt or make derivative works (e.g. to translate and/or create captions), perform and communicate your content to the public (e.g. to display it), for the purposes of operating, developing and providing the Services.
47. The licence to your content that you grant to us extends to Affiliates as part of making the Services available. You also grant to each user of the Services a non-exclusive, royalty-free, worldwide licence to access and use your content, including to reproduce (e.g. to copy, share or download), adapt or make derivative works (e.g. to include your content in their content) perform and communicate that content to the public (e.g. to repost it) using the features and functions of the Services, for sharing purpose, entertainment purposes and for any reasons permitted under the Copyright laws of Singapore.
48. Your licences to us and to users will terminate when you close your account or when you or we remove your content from the Services in accordance with these Terms. However, due to the nature of the Services and our legal obligations, the licence granted will continue after you have removed your content to the extent that:
48.1. you have no objections to other users of the Services using or reusing your content (e.g., downloading or sharing or re-edit); or
48.2 we are obliged to store or process your content for legal reasons.
49. If you choose to submit comments, ideas, or feedback to us, you agree that we are free to use them for the purposes of operating, developing, improving, and providing the Services without any form of compensation to you.
50. In short: When you post content by using our Services, it remains yours, but we can show it to other users and use it to provide the Services and other users may be able to use it too. If you later delete the content, copies of it made by other users may remain on the Services.
REASONABLE CARE OF THE SERVICES
51. We promise to provide the Services to you with reasonable skill and care and to act with professional diligence for so long as we offer the social media Platform as a service. We will also take all reasonable steps to keep the Services a safe and secure environment for our users. But we do not promise to offer the Services forever or in its current form for any particular period of time. We may carry out system maintenance for security tightening purpose and Services may be unavailable temporarily.
52. The content on the Services is mostly user-generated content or provided by third-party commercial business users, non-profit organisations, or public offices. In other words, we are not the creator of most of the content on the Services although we may produce some content.
53. We cannot and do not promise that any of the content generated by users that you find on the Services is accurate, complete or up to date, does not infringe third-party rights, is legal or that it will not offend you.
54. You understand and agree that the content you may see on the Services does not represent our views or values and may not be suited to your purpose.
55. The Services may contain links to third-party websites, advertisements, services, offers or other events or activities that are not provided, owned, or controlled by us. We do not endorse any such third-party websites, advertisements, services, offers, events, activities, information, materials, or products. You use and view them at your own risk.
56. We do not take responsibility for loss or damage if it is caused by events beyond our reasonable control. Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or give up or are legally always entitled to as a consumer.
57. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. You will always have the full protection of the laws that apply to you.
58. In gist, we will always seek to provide you with a great and safe user experience, you’re your continuous usage of the Services means that you agree to take the Services as it is and understand that we do not control every content, events or actions that happened on it. We also cannot promise that all the content posted on the Services is to your liking, but our human moderators will try their best to take down content that violated our Terms.
59. Your Rights: At any time, once you delete your account or cease using the Services, you will end your relationship with Possbly, meaning this contract is terminated. However, depending on the license granted to your content or for legal reasons, some of your content may still be available on the Services after you delete your account. If you have any concerns about your copyright, please refer to the Copyright Policy.
60. You may at any time make an abuse report to us if you deem any content as a violation of our Terms. You can file your abuse report via the abuse report online form available on our Services.
61. Our Rights: In the event of any suspected or reported violation of these Terms or applicable laws, we may investigate and will cooperate with the local authority. While we do so, we are allowed to take down some or all your content or suspend your access to some or all the features of the Services, or withhold your creator funds. We will do so reasonably and objectively depending on the seriousness of the suspected or reported violation.
62. We may revise these Terms of Service from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Terms of Service was last updated. Your continued use of our Services constitutes your acknowledgement and acceptance of such changes. If you do not agree, please cease from using the Services immediately.
Effective date: 11/08/2023
Last updated: 11/08/2023