LIVITALK General Terms of Use and Services

Contractual Framework of the Platform

INTRODUCTION

The LiviTalk Platform is published and operated by LIVIgroup LLC, a limited liability company (LLC) organized under the laws of the State of Delaware, United States of America, with its principal place of business located at 131 Continental Dr, Suite 305, Newark, Delaware, USA, and registered with the Delaware Division of Corporations under number 10730738 (hereinafter “LIVIgroup LLC” or “the Company”).

LIVIgroup LLC publishes and operates the web Platform accessible at the following address: (hereinafter “https://livitalk.com”), and enables LiviMasters to offer their Services—for professional, educational, coaching, or expert purposes—to Users. The technical hosting infrastructure is provided by Amazon Web Services (AWS).

These Terms apply to all Participants on the Platform, whether they are Clients (hereinafter “Users”), independent Service Providers (hereinafter “LiviMasters”), or business referrers (hereinafter “Ambassadors”).

GLOSSARY AND DEFINITIONS

Ambassador: refers to any User who refers a Client, a LiviMaster, or another Ambassador via a referral or affiliate link, in accordance with the terms set forth in the General Referral Terms and Conditions.
Malfunction: any defect that permanently affects the service.
Chat: refers to messaging and/or instant messaging platforms where Users can send messages during a paid Consultation.
Credits: refers to the amount available in a Client’s or User’s account balance, used to pay for services or orders.
Commission: refers to the fees that the LiviMaster pays to LiviTalk in exchange for using the Services. The LiviMaster’s service fees for each specific method are specifically set forth in the General Terms and Conditions.
Account: an account created following the registration of a LiviMaster, a User, or an Ambassador on the LiviTalk Platform, and whose profile is associated with that registration.
Terms of Use: refers to the contractual terms made available on the LiviTalk Platform to govern its use by any User.
Content: refers to any item published on the Platform, whether it is Media published by a LiviMaster, a message, or content of any kind (text, image, video, audio, multimedia, document) published by a User.
Custom Request: refers to the characteristics of a Private Media item, offered by a LiviMaster or requested by a User by submitting a request. Any Private Media item that is the subject of an Order on the Platform must comply with the Specifications agreed upon between the User and the LiviMaster
On-Demand Document/File: refers to written content in PDF or another file format offered by a LiviMaster.
Feed or News Feed: refers to a LiviMaster’s or User’s news feed available on the Platform.
Force Majeure: any unavoidable and unforeseeable external event (including, but not limited to: fires, explosions, lightning, floods, and other natural disasters, wars, strikes or labor disputes at one of the parties and/or at a third-party supplier and/or at a national or international operator) that prevents the livitalk.com website and LiviTalk from fulfilling the contractual obligations incumbent upon them or that makes the performance of said obligations unreasonable, onerous, and/or burdensome in light of prevailing economic circumstances and/or competition and/or the loss by an operator or partner of LiviTalk of one of its authorizations required for the provision of the Service and/or any regulations applicable to the Service, thereby making performance impossible or unreasonably costly and/or burdensome in light of prevailing economic circumstances and/or competition.
Login Credentials: refers to the LiviMaster’s or User’s email address and the password chosen by them, which are required to access their Account on the LiviTalk Platform.
KYC: refers to the “Know Your Customer” procedure, which requires a User to provide documentation proving their identity and eligibility for certain Services offered by LiviTalk.
LiviMaster, also referred to as Provider or Service Provider: A natural or legal person offering Services on the LiviTalk Platform and who has accepted these General Terms of Use of the LiviTalk Platform for LiviMasters.
Video Courses & Multimedia Content: refers to video and multimedia services produced by a LiviMaster on a professional basis (recorded lessons, training courses, tutorials, educational content), sold on the Platform either individually or via Subscription.
Media/Content: refers to all photographs, videos, music, audio files, podcasts, MasterClasses & Webinars, information, texts, logos, trademarks, animations, designs, data, and, generally speaking, all elements and content created by a LiviMaster and published by the LiviMaster under their sole liability on the Platform in accordance with the terms, format, and conditions offered to them as part of the Services.
Premium Content Reserved for Subscribers: refers to any Media published by the LiviMaster on their Profile and accessible to any User for a fee via a Subscription.
Public Media: refers to any Media published by the LiviMaster on their Profile and accessible to any User free of charge.
Asynchronous Text Messaging: refers to the private, free text messaging service through which Users can send messages without any obligation on the part of a LiviMaster to respond.
Communication Methods: refers to a private communication method—whether instant or not—through which Users can chat privately during a Consultation, such as Phone, Chat, Video conference, SMS, or Email.
Digital Document and File Services: Services provided by the LiviMaster and delivered via the cloud (delivery of a file), falling under the category of digital creation services.
Parties: refers collectively to LiviTalk users, Users, LiviMasters, and Clients
Shopping Cart: contains the User’s order, displaying the selected service or offering, the quantity, and the price to be paid to place an order for a service or offering.
Professional Multimedia Deliverable: refers to a deliverable in photographic or video format produced by a LiviMaster strictly for professional purposes—such as education, coaching, technical demonstration, consulting, or expert analysis—at the request of a Client. Any content of a pornographic nature or depicting full nudity is strictly prohibited and will result in the immediate suspension of the Account.
LiviTalk Platform: a technical platform connecting Client Users and LiviMasters, administered by the company LiviTalk.
PNP: Net Price of the Service, the offering, or the order
Tip: Refers to the amount voluntarily paid by the User to a LiviMaster at the User’s sole discretion, without any direct consideration.
Service, purchase, order, and other possible options: Services provided by the Provider or LiviMaster to a User.
QPLM (share of the price of the Service or Commission): refers to the percentage of a LiviMaster’s earnings paid to LiviTalk / livitalk.com in exchange for the use of its Platform or Services. The Commission corresponds to a percentage of the price of any service, purchase, or Order made by a User from a LiviMaster.
LiviTalk Top-ups: prepaid virtual cards in denominations of $30, $50, $100, $200, $300, $500, or more, which can be used to pay for a telephone consultation, chat, per-minute video conference with a LiviMaster, or an SMS service billed at a flat rate for 10, 20, or 30 SMS messages, or an email service billed at a flat rate, as well as any other services that may be added in the future.
Service: all features offered by LiviTalk via the Platform, enabling Users to connect with LiviMasters and purchase Services.
LiviTalk Customer Relations: a customer relations service dedicated to Providers that can be contacted via the following page: https://livitalk.com/contact or by mail addressed to LIVIgroup LLC – Customer Relations – 131 Continental Dr, Suite 305, Newark, Delaware, USA.
Affiliates: means any entity that directly or indirectly controls, is controlled by, or is under common control with LIVIgroup LLC, where "control" means the ownership, direct or indirect, of more than fifty percent (50%) of the voting securities, membership interests, or equity capital of such entity, or the power to direct or cause the direction of the management and policies of such entity.
Work: means any original intellectual creation, fixed in any medium, protected by copyright or intellectual property law, including writings, photographs, videos, audio recordings, illustrations, drawings, graphic designs, computer code, and any other intellectual creation published or shared on the Platform.
Story: refers to Media published by a LiviMaster User to illustrate their news.
Third Party: refers to a natural person, a legal entity, or an unidentified third party other than LiviTalk, the LiviMaster, and the User.
User: a natural or legal person who is the recipient of services provided by a LiviMaster and who has accepted the general terms and conditions and the specific terms and conditions applicable to Users.
Visitor: refers to any person who accesses and browses the Platform, whether they are a User, a LiviMaster, or a general internet user.
Video conference: refers to a private and instantaneous mode of communication through which Users can chat privately during a Consultation, during which the LiviMaster may or may not be visible, either partially or in full.
Subscription: refers to the right to access a LiviMaster’s Media granted by a LiviMaster to a User, either free of charge or in exchange for a subscription fee.

A. GENERAL PROVISIONS

A.1. Acceptance of the Terms of Use

These Terms and Conditions of Use define the general framework applicable to LiviMasters. Any use of the website livitalk.com is subject to these Terms and Conditions.

A LiviMaster’s subscription to the offer presented on the website livitalk.com constitutes full and complete acceptance of these Terms and Conditions.

Consequently, signing or confirming online registration on the website constitutes acceptance by the User, LiviMaster, or Client of all the terms described above and below.

Any connection to the service is subject to compliance with these terms and conditions, given that the contract between LIVIgroup LLC (hereinafter “LiviTalk”) and the LiviMaster constitutes a contract between two professionals.

A.2. Minimum Age for Registration and Protection of Minors

Access to and use of the LiviTalk Platform, in any capacity whatsoever (User, LiviMaster, Ambassador), is strictly reserved for natural persons who are at least eighteen (18) years of age, or who have reached the age of majority in their country of residence if that age is higher. The age of majority requirement (18 years) corresponds to the contractual capacity required to subscribe to paid professional services, in accordance with the standards applicable to B2C professional consulting services and the protection of minors on the internet (COPPA, 15 U.S.C. §§ 6501 et seq.).

Upon registration, the User expressly warrants:

that they have reached the minimum age requirement;
that they have full legal capacity to enter into these Terms and Conditions;
to provide accurate, complete, and up-to-date identification information, in particular their date of birth;
not to register on behalf of or for the benefit of a minor, nor to make their account available to a minor in any way whatsoever.

LiviTalk reserves the right, at any time and particularly in cases of reasonable doubt, to require the User to provide an official form of identification or any other proof of age as part of its identity verification procedures (KYC). In the absence of a satisfactory response within a reasonable timeframe, LiviTalk may suspend or terminate the account in question and block any amounts due until the matter is clarified.

Any report, suspicion, or indication suggesting that a User is a minor will result in the immediate and preventive suspension of the account in question, pending the necessary verifications. Providing false information regarding age constitutes fraud under these terms and will result in the immediate and permanent termination of the account, the withholding of the entire available balance as reasonable liquidated damages and compensation for the damages suffered by LiviTalk, as well as, where applicable, reporting the matter to the competent authorities.

Any LiviMaster or User who becomes aware of the presence of a minor on the Platform agrees to report this immediately to LiviTalk via the email address support@livitalk.com.

A.3. Warranties and Representations by the LiviMaster

Upon registration and on an ongoing basis throughout the duration of their use of the Platform, the LiviMaster expressly represents and warrants that:

that they are a natural person of legal age with full legal capacity, or a legal entity duly incorporated and represented by a duly authorized person;
to be registered, where applicable, with the relevant legal registries of their country of residence or establishment (commercial registry, crafts registry, or local equivalent), and to be in good standing with regard to their administrative, tax, and social security obligations;
to provide accurate, complete, and up-to-date identity, contact, tax, banking, and professional information, and to undertake to update such information without delay in the event of any changes;
not to impersonate a third party, not to use falsified or fraudulent information, and not to conceal material information from LiviTalk;
possess all rights, authorizations, approvals, diplomas, certifications, or licenses necessary to provide the services they offer on the Platform, in strict compliance with the applicable laws in their country of residence and in the User’s country;
hold all intellectual property rights, image rights, and related rights to the content they publish or market on the Platform, or have obtained from the rights holders all necessary authorizations for its use;
not be listed on any international sanctions list, list of politically exposed persons, or list of individuals linked to terrorist or criminal activities;
not have been the subject, within the last five (5) years, of a criminal conviction incompatible with the nature of the services offered (in particular regarding fraud, embezzlement, offenses against minors, or money laundering);
not be registered under another identity, nor have been previously banned from the Platform.

Any false statement, material omission, or unreported change constitutes a serious breach resulting in the immediate termination of the account, the Withholding of the available balance as reasonable liquidated damages and compensation for the damages suffered by LiviTalk, and renders the LiviMaster liable to LiviTalk for the full amount of the damages suffered.

A.4. Description of the LiviTalk Service

A.4.1. General Provisions.

LiviTalk and/or its Affiliates will make the LiviTalk Services available to the LiviMaster, which services include, among other things, the creation of business opportunities, payment management, marketing, operational support, and any other assistance. The LiviTalk Services are intended solely for use by the LiviMaster, subject to the terms of this Agreement.

A.4.2. Appointment of a Limited Collection Agent

The LiviMaster hereby expressly appoints LiviTalk (LIVIgroup LLC) as a limited collection agent for payments intended for the LiviMaster, for the sole purpose of:

to accept payment of the retail price of the Products, services, and benefits (which, for Europe, applicable VAT and other fees collected in the name and on behalf of the LiviMaster) sold by the LiviMaster through the Application or the LiviTalk website in accordance with the payment processing terms offered by the LiviTalk Tools;
to pay LiviMaster the Revenue generated by the Products, services, or benefits.

LIVIgroup LLC’s taxable revenue consists exclusively of the referral commission, excluding payouts to the LiviMaster, which pass through the Platform as third-party funds and do not constitute income for the Company.

A.4.3. Full and Final Payment

The LiviMaster expressly acknowledges that any payment collected by LiviTalk in the name and on behalf of the LiviMaster shall be deemed a payment made directly to the LiviMaster itself. Payment by the User to LiviTalk extinguishes the User’s debt to LiviMaster to the corresponding amount, in accordance with the principles of a collection mandate.

A.4.4. Exclusive Scope of the Mandate

The collection mandate granted to LiviTalk is strictly limited to the transactions listed in Section A.4.2 above. It entails neither a transfer of ownership of the collected funds beyond the time strictly necessary for their payout, nor a delegation of the LiviMaster’s legal liability regarding the nature, legality, or tax compliance of the Services sold. LiviTalk remains a technical and financial intermediary; the LiviMaster remains the service provider for legal and tax purposes.

A.4.5. Collection of Tips by LiviTalk

The LiviMaster also authorizes LiviTalk to collect, in the name and on behalf of the LiviMaster, any tips (if applicable) that Clients may voluntarily give to the Platform’s business partners acting in the name and on behalf of the LiviMaster on the Application, LiviTalk platform or website.

A.4.6. Reduction of Revenue in the Event of Non-Performance

To the extent reasonable, LiviTalk reserves the right to reduce the amount of Revenue generated by the Products collected by LiviTalk on behalf of the LiviMaster, particularly when the LiviMaster has failed to fulfill an order for Products, Services, or other offerings. The LiviMaster may contest this decision using the LiviTalk Tools within seven (7) calendar days from the time the LiviMaster becomes aware of this decision in their private LiviMaster account. LiviTalk reserves the right—which the LiviMaster acknowledges—to reduce the amount of Revenue generated by the Products collected by LiviTalk on behalf of the LiviMaster, either by debiting the payment method chosen by the LiviMaster or by requesting a corresponding refund from the LiviMaster.

A.4.7. Cancellation or Temporary Withholding of Payment (Exceptional Circumstances)

In exceptional circumstances (as reasonably determined by LiviTalk), LiviTalk reserves the right to cancel or temporarily or permanently withhold a payment due to the LiviMaster. The aforementioned exceptional circumstances include, in particular, a legal or regulatory risk or a potential violation of applicable laws relating to the LiviMaster’s payment, and the LiviMaster’s failure to provide the documentation required under these terms and conditions. The LiviMaster will be notified of such withholding and will be given a reasonable period of time to respond to the allegations made against them.

A.4.8. Variable Rolling Reserve at LIVIgroup's Sole Discretion

LIVIgroup LLC is expressly authorized, at any time and without mandatory prior notice, to establish a Rolling Reserve withheld from amounts otherwise payable to the LiviMaster, the applicable rate and hold period of which shall be modulated in LIVIgroup LLC's sole and reasonable discretion, as follows:

Applicable rate: between ten percent (10%) and one hundred percent (100%) of the gross amount of each payout and/or of the available balance;
Hold period: between one (1) month and six (6) months from the date the reserve is established, renewable as needed.

Such reserve may be adjusted upward or downward, activated, deactivated, or renewed based on, without limitation: chargeback ratio, Stripe dispute rate, detected fraud level, non-compliance with KYC / AML / OFAC obligations, government inquiry, third-party complaint, suspected abusive or fraudulent behavior, pending termination, internal or external investigation, or any other circumstance LIVIgroup LLC reasonably deems relevant to protect the Platform, Users, LIVIgroup LLC, or its payment processors.

The establishment or modification of any reserve shall be notified by email to the affected LiviMaster, stating the applicable rate, hold period, and general reason (without obligation to disclose confidential detail). Held amounts shall be released upon expiration of the hold period, net of any chargebacks, refunds, fees, taxes, indemnities, judgments, or amounts owed to LIVIgroup LLC. The LiviMaster expressly acknowledges that this mechanism is aligned with standard industry practices of marketplace operators and payment processors (Stripe, Adyen, PayPal, etc.) and constitutes a reasonable allocation of risk, forming an essential basis of this Agreement.

A.4.9. Identity and Compliance Verifications

LiviTalk may request information from the LiviMaster to confirm their identity, to the extent required by compliance obligations, before transferring payments to the LiviMaster. LiviTalk may refuse to process payments due to the LiviMaster in accordance with these Terms and Conditions if there is a legal or regulatory risk or a potential violation of laws or regulations associated with such a transfer to the LiviMaster.

A.4.10. Use of Subsidiaries or External Partners

LiviTalk may engage one of its Subsidiaries or external or independent partners to act on its behalf and for its account as a limited collection agent or for the payout of funds.

A.4.11. LiviTalk Services

LiviTalk is a portal that provides Users with services and Services provided by suppliers known as LiviMasters.

These services take several forms:

A.5. Consultation and Service Options Offered by LiviMasters

Consultation by phone via a prepaid account:

The User selects a LiviMaster with whom they wish to conduct a telephone consultation.
The User registers and performs top-ups to their account in U.S. dollars to use the funds for consultation minutes via a prepayment through the payment platform.
The User clicks on the phone icon provided for this purpose and displayed on the website on the LiviMaster’s profile.
The User is then connected with the LiviMaster of their choice for a duration and number of Consultations freely chosen by the User, subject to the available Credits on their Account.

Consultation via Video conference:

The User selects a LiviMaster with whom they wish to have a Video conference consultation.
The User registers and performs top-ups to their account in U.S. dollars to use the funds for consultation minutes via a prepayment through the payment platform.
The User clicks on the Video conference icon provided for this purpose and displayed on the website on the LiviMaster’s profile.
The User is then connected with the LiviMaster of their choice for a duration and number of Consultations freely chosen by the User, within the limits of the Credits available in their Account.

Consultation via Chat:

The User selects the LiviMaster with whom they wish to have a chat consultation.
The User registers and performs top-ups on their account in U.S. dollars to use the funds for consultation minutes via a prepayment through the payment platform.
The User clicks on the Chat icon provided for this purpose and displayed on the website on the LiviMaster’s profile.
The User is then connected with the LiviMaster of their choice for a duration and number of Consultations freely chosen by the User, subject to the Credits available in their Account.

Consultations via SMS:

The User selects the LiviMaster with whom they wish to have a Consultation via SMS.
The User registers and performs top-ups on their account in U.S. dollars to use the credits for Consultation packages of 10, 20, 30 SMS messages, or more, via prepayment through the payment Platform.
The User clicks on the SMS icon provided for this purpose and displayed on the website on the LiviMaster’s profile.
The User is then connected with the LiviMaster of their choice for a number of SMS messages of their choosing, determined freely by the User and within the limits of the Credits available in their Account.
A session of 10, 20, or 30 text messages lasts for a maximum of 24 hours.

Consultation via text message/email:

The User selects the LiviMaster from whom they wish to receive a Consultation.
The User registers and performs top-ups on their account in U.S. dollars via a prepayment through the Platform.
The User writes their message or questions and sends them to the LiviMaster of their choice.
The LiviMaster then responds to the Client’s message within 6, 12, 24, or 72 hours—a timeframe predetermined by the LiviMaster and indicated on their LiviTalk profile for Users’ reference.

Consultation via Phone/Video conference/Chat Package:

The User selects the LiviMaster with whom they wish to have a Consultation.
The User registers and performs top-ups on their account in U.S. dollars by prepaying for a package via the payment platform.
The User clicks on the Phone, Chat, or Video conference icon provided for this purpose and displayed on the website on the LiviMaster’s profile.
The User is then connected with the LiviMaster of their choice for a duration and number of Consultations agreed upon in advance, within the limits of the Credits available for that package.

Video Training & Multimedia Content Service:

The User selects the LiviMaster from whom they wish to purchase Video Training & Multimedia Content.
The User registers and performs top-ups on their account in U.S. dollars to pay the requested price or package fee via prepayment through the payment platform.
The User clicks the “Buy” button for the Video Training & Multimedia Content displayed on the LiviMaster’s profile page on the website.
The User will instantly receive the purchased Video Training & Multimedia Content in their user account and can view it there for consultation.
The User will not need to pay if the service is offered for free by the LiviMaster.

The MasterClass & Webinars Service

The User selects the LiviMaster with whom they wish to participate in a MasterClass & Webinars session.
The User registers and performs top-ups to their account in U.S. dollars to use the service in minutes or as a MasterClass & Webinar package via prepayment through the payment Platform.
The User clicks on the “date button” icon for the specific MasterClass & Webinars session, which is displayed on the LiviMaster’s profile page on the website.
The User is then connected with the LiviMaster of their choice on the day and date of the selected service, for a duration freely chosen by the User and within the limits of the Credits available in their Account.
The User will receive access to this MasterClass & Webinar in their user account 30 minutes before it begins.
The LiviMaster agrees to be available on the date and time of the purchased service.
The User will not be required to pay if the service is offered free of charge by the LiviMaster.

Professional Photography Service and Professional Multimedia Deliverable:

The User selects the LiviMaster from whom they wish to purchase a photo or a Professional Multimedia Deliverable.
The User registers and performs top-ups to their account in U.S. dollars in order to pay the requested price or flat rate via prepayment through the payment platform.
The User clicks the “Buy Professional Multimedia Deliverable” button displayed on the LiviMaster’s profile page on the website.
The User will receive the purchased photo or video in their user account.
The LiviMaster agrees to provide the photo or video sold within an average of 24 hours and up to a maximum of 72 hours.
The User will not be required to pay if the service is offered free of charge by the LiviMaster.

Photo or Video via Custom Request:

The User selects the LiviMaster from whom they wish to purchase a photo or Professional Multimedia Deliverable by clicking on “Custom Request” to explain their request in detail.
The LiviMaster from whom the User wishes to purchase a photo or Professional Multimedia Deliverable will send them a payment link via the LiviTalk Platform so they can pay the amount requested by the LiviMaster.
The User registers and performs top-ups to their account in U.S. dollars so they can use them to pay the requested price via credit card through the payment platform.
The User will receive the purchased Professional Multimedia Deliverable in their user account.
The LiviMaster agrees to provide the photo or video sold within an average of 24 hours and up to a maximum of 72 hours.
The User will not be required to pay if the service is offered free of charge by the LiviMaster.

On-Demand Document and File Service:

The User selects the LiviMaster from whom they wish to purchase an on-demand document or file.
The User registers and performs top-ups on their account in U.S. dollars in order to pay the requested price or flat rate via prepayment through the payment Platform.
The User clicks the “Buy Document/File on Demand” button displayed on the website, on the Agent/LiviMaster’s profile.
The User will receive the purchased document or file in their user account.
The LiviMaster agrees to provide the sold document or file within an average of 24 hours and up to a maximum of 72 hours.
The User will not be required to pay if the service is offered free of charge by the LiviMaster.

Premium Content Subscriptions:

Non-Public Media or Premium Content appears with restricted access on the Platform.
To access the unrestricted version of Premium Media/Content, the User must subscribe to a Subscription offered by the LiviMaster who published said Media/Content by following the steps detailed in the General Terms and Conditions of Sale.
The rights granted by the Subscription and the price of the Subscription or the Media/content are detailed on the User’s Profile and are defined by the LiviMaster, under its sole liability.
Subscriptions to Non-Public Media/Content, as well as any access (whether paid or free) to Media, are governed by the General Terms and Conditions of Sale.
Each Subscription is valid only for the specific LiviMaster with whom the User has subscribed.

It is specified that LiviMasters:

publish Media/content under their sole liability.
undertake not to distribute, in any manner whatsoever, all or part of similar Non-Public Media/Content on other free Platforms or social networks.

As a Platform operator, LiviTalk exercises no control over the frequency, quality, or quantity of Media/Content published by LiviMasters, who operate entirely independently.

Before subscribing to a Subscription, it is therefore the User’s responsibility to research each LiviMaster, particularly regarding their activities and the frequency of their posts.

The User agrees to use the Media in accordance with these Terms of Use and, in particular, not to publish such Media or similar content on other platforms and social media networks and/or to share them with any third party.

LiviTalk allows Users to select Services from the LiviMasters listed on the Platform.

B. SECTION SPECIFIC TO CLIENTS / USERS

B.1. Purchase of Credits and Units of Account (Client Section)

Access to LiviMasters’ services is granted through the purchase of Credits. These Credits are digital service units indexed to the U.S. dollar (USD). Unused Credits expire after a twelve (12)-month period of account inactivity.

B.2. Withdrawal and Refunds

The terms and conditions governing the right of withdrawal and refunds are detailed in Article E.9 of these Terms.

B.3. Complaints

The terms and conditions for filing complaints are detailed in Section E.10 of this Agreement.

B.4. Complaints and Disputes (Clients)

Any complaint regarding a financial transaction or the performance of a Service must be submitted to customer support (support@livitalk.com) within thirty (30) days of the transaction date. After this period, the transaction is deemed accepted, and no claim will be considered.

B.5. Tax Treatment of Purchases and Pre-Tax Prices

The prices for LiviTalk Top-ups and Credits Packs are listed exclusive of tax (excl. tax). Upon payment confirmation, the total amount due is increased, if applicable, by any applicable indirect taxes based on the User’s country of residence, including: (i) U.S. Sales Tax or state taxes, (ii) VAT applicable in the European Union, the United Kingdom, Switzerland, or any other jurisdiction where it is levied, (iii) GST/HST or equivalent taxes in other jurisdictions. These taxes are calculated automatically at the time of payment by the payment service provider (including Stripe and Stripe Tax) based on the User’s country of residence. The User acknowledges that the number of Credits credited to their account corresponds to the net value of their purchase, excluding any taxes remitted to the relevant tax authorities.

Marketplace Facilitator (United States). LIVIgroup LLC acts as a Marketplace Facilitator under U.S. law: it collects and remits Sales Tax on behalf of LiviMasters in states where it has economic nexus (Wayfair). LiviMasters are exempt from collecting U.S. Sales Tax themselves.

European Union VAT. For Users residing in the European Union, LIVIgroup LLC applies the Non-Union OSS (One-Stop Shop) regime: it collects and remits VAT at the rate applicable in the User’s Member State of residence.

B.6. Cancellation of Premium Content Subscriptions (Click-to-Cancel)

In accordance with the FTC Click-to-Cancel Rule (16 CFR § 425), a User may cancel a Subscription purchased on the Platform at any time, without cause or justification, from their personal account by following these steps: My Account > My Purchases > My LiviMaster Subscriptions.

The cancellation takes effect at the end of the current billing period; no prorated refund is due for the period that has already elapsed. No additional steps—whether by phone, in writing, or otherwise—are required to complete the cancellation. LIVIgroup LLC will confirm the cancellation via email within a reasonable timeframe.

C. LiviMaster’s Obligations

C.1. Support

To answer the LiviMaster’s technical questions and help them resolve any malfunctions related to the use of software provided by LiviTalk, the company offers a support service to address issues the LiviMaster may encounter, and the LiviMaster can report an access issue by contacting Customer Service via:

the Support Page by clicking this link: https://livitalk.com/contact
Email address: support@livitalk.com

Please note that in the event of a system failure, LiviTalk is only bound by an commercially reasonable efforts obligation (best efforts standard, with no guarantee of result).

In the event of force majeure, LiviTalk cannot be held liable.

C.2. LiviTalk’s Liability (Role as Intermediary and Agent)

LiviTalk assumes no obligation other than that of facilitating connections on its LiviTalk Platform.

LiviTalk is not liable for any direct, foreseeable, or unforeseeable damages suffered by the LiviMaster.

The LiviMaster expressly acknowledges and agrees that LiviTalk shall not be held liable, directly or indirectly, on any grounds or for any reason whatsoever, for damages related to:

An interruption of the Service beyond LiviTalk’s control and/or caused by any wrongful conduct on the part of the LiviMaster,
Any incident or disruption to the Service caused by an incident or outage occurring on other networks, or by a malfunction and/or inadequacy of LiviTalk’s hardware, software, and infrastructure, or of the tools used by LiviTalk’s contracting parties, regardless of the cause,
Any dissemination, publication, transmission, recording, or fixation by the LiviMaster of content that glorifies violence, incites racial hatred, or is racist, sexist, homophobic, or discriminatory in nature; content intended for or involving minors; content likely to undermine the Platform’s values and ethics; or violent or child pornography content likely to seriously undermine human dignity,
In the event of force majeure,
The configuration, management, and oversight of the LiviMaster network’s maintenance and their consequences,
The use of prohibited services or the transmission of data in violation of the provisions of the General Terms of Service or these General Terms of Use applicable to LiviMasters,
The nature or content of information of any kind, data, and files circulating and accessible through the Service,
Any commercial harm, loss of customers, loss of orders, business disruption, loss of profits, loss of brand reputation, or legal action brought against the LiviMaster and/or by any party for any reason whatsoever.

The Service provided by LiviTalk cannot under any circumstances guarantee the quality, reliability, timeliness, or security of the Service’s use, as it depends on equipment and networks beyond its control.

Furthermore, LiviTalk makes no warranty regarding the quality of the Services provided by the LiviMaster and shall not be held liable in any capacity or for any reason whatsoever in this regard for the services provided.

The LiviMaster acknowledges that the services subscribed to by Users in connection with the services provided by the LiviMaster are under the LiviMaster’s control and liability.

Consequently, LiviTalk shall not be held liable in any way for the use or content of the information disseminated by the LiviMaster, nor for the quality, inadequacy, or improper performance of a Service by the LiviMaster.

If a Third Party expresses dissatisfaction or questions the quality of the LiviMaster’s service, the LiviMaster shall be solely responsible before the relevant authorities and courts.

Nevertheless, given that LiviTalk is a technical intermediary in the information society, it is required—even though the content is provided freely by the LiviMaster—to take all necessary measures with respect to the LiviMaster in the event of difficulties that could cause harm to the User due to:

unexpected disconnections on LiviMaster’s part,
keeping the user on an automated message service that would charge the user when they owe nothing,

LiviMaster further agrees to notify LiviTalk as soon as possible by written notice sent by email with delivery confirmation (or, at the sender's option, U.S. Postal Service Certified Mail, return receipt requested) and/or by email to the following address: support@livitalk.com regarding any complaints, legal actions, observed violations, or claims directly or indirectly related to the provision or use of the Service that may be brought by any third party or User.

LiviTalk alone, and at its sole discretion in writing, may exempt the LiviMaster from all or part of its liability for any fault or acts committed against LiviTalk or the LiviTalk Platform.

LiviTalk shall not be held liable in the event of a LiviMaster directly referring Users. LiviTalk shall not be held liable for the use of an email address or personal data by a LiviMaster regarding a User or a Third Party, nor for any follow-up communications and/or advertising sent to the User via email or to their address in this regard, as LiviTalk cannot be held liable for contacts made by the LiviMaster with third parties or Users, regardless of the means of communication or contact used by the LiviMaster and/or the third party.

For Services, purchases, or orders—such as Professional Multimedia Deliverables, MasterClasses & Webinars, or, including, without limitation,, animations, music, voice-overs, web marketing, websites, and graphic design—the LiviMaster guarantees to LiviTalk the high quality of their service, the intellectual property they hold, and the work performed—provided that the LiviMaster does not transfer to LiviTalk the economic rights to the Service provided but grants a right of use valid for up to five (5) years after the date of the Service or after the date the LiviMaster’s Account is closed, thereby enabling LiviTalk to fulfill its obligations to a Client who, for example, has purchased a training course to which they would otherwise not have had access, without this being limited to this example.

C.3. Content of the Service

The LiviMaster agrees not to use or suggest the portrayal of activities that violate applicable laws and, as a result, damage the reputation of LiviTalk, other LiviMasters, or Users.

The LiviMaster agrees to avoid any risk of confusion between themselves and the LiviTalk company by identifying their service at the beginning of each communication.

They agree not to make available to Users, who are Clients of the LiviTalk Platform:

Communications that, by their nature, are likely to undermine respect for human beings and their dignity, equality between women and men, and the protection of minors and adolescents;
Messages that infringe upon the privacy of individuals, other Users, other providers (LiviMasters), or any other third party by capturing, recording, transmitting, or disseminating spoken words or written communications—whether received in confidence or not,
Messages that encourage the commission of crimes or offenses or incite the use of illicit substances,
Messages inciting discrimination, hatred, or violence, or promoting death or suicide,

It is also prohibited to:

Any promotion of services intended for minors,
Any statements that are blasphemous, defamatory, or damaging to the reputation, integrity, and standing of LiviTalk, as well as to all of its employees, LiviMasters, or Users.

This includes the sale of items or Consultations, services, and similar paid services comparable to those provided on LiviTalk outside the Platform.

In the event that a LiviMaster makes statements that are blasphemous, defamatory, or harmful to the honor, the integrity, and the reputation of LiviTalk and all of its employees, regardless of who they are, or if the LiviMaster makes defamatory statements against another LiviMaster, a User, or a User, LiviTalk shall be entitled to terminate their contract immediately without prior notice.

In the event that evidence reveals insults, attacks, or defamatory statements against LiviTalk and any of its members, or a failure to comply with the aforementioned rules, LiviTalk shall be entitled to withhold payment for Consultations or Services provided by LiviMasters that contain the statements referred to in the preceding paragraph.

Furthermore, the LiviMaster shall refrain from providing Consultations if, in their opinion, the User exhibits psychological and/or psychiatric difficulties.

Whenever a LiviMaster is communicating with a User:

who exhibits certain obvious psychological, emotional, or behavioral disorders;
who states that they are a minor (under eighteen (18) years of age) or reports being in a particularly vulnerable situation;
expressing an intention to harm themselves or others;
seeking advice in regulated medical, legal, financial, or psychological fields,

the LiviMaster is required to terminate the Consultation and refer the User to the appropriate professional services or, in the event of an emergency, to the appropriate support services in their country of residence.

C.4. Promotion of the Service by LiviMaster

The LiviMaster agrees that in any promotional material it creates for its Service:

To avoid any risk of confusion between themselves and the company LiviTalk,
To disclose the price of their service to the User in U.S. dollars, whether per minute, as a flat rate, based on duration, or per service.

In this regard, it is noted that prices are variable and are set or chosen by the LiviMaster.
LiviTalk offers these rates to Users and may provide recommendations to LiviMasters and service providers regarding the most attractive prices for customers.

The User must, of course, be informed of the LiviMaster’s identity and the details of the Service provided,
and not to mislead the User regarding the content, rate, possibilities, and delivery of the proposed Service.

The LiviMaster undertakes, in all promotional materials:

Not to mislead the User regarding the content and capabilities of the proposed communication,
Not to advertise, directly or indirectly, products subject to legal prohibition—such as alcoholic beverages, tobacco, and illegal drugs—or services intended for minors.

LiviMaster undertakes, in any advertising material it produces, to prohibit any statement or visual representation that is contrary to generally accepted standards of decency, without condoning any form of discrimination, including that based on race, national origin, religion, gender, or age, nor to infringe upon human dignity in any way.

Advertising must not in any way incite, or appear to condone or encourage, illegal or reprehensible behavior.

LiviMaster shall refrain from:

Engaging in repeated or unsolicited solicitations directed at the User,
Giving the User the impression that they have won or will win a prize or other equivalent benefit by performing a certain action, when in fact, no prize or other significant benefit exists, or that the performance of an action related to the request for the prize or equivalent benefit is contingent upon the User’s obligation to pay money or incur an additional cost.

Furthermore, the provider shall refrain from sending messages for direct marketing purposes using automated calling or communication systems, fax machines, or email without providing valid contact information to which the User can effectively send a request to have such communications cease, at no cost other than those associated with sending the request itself.

The provider shall refrain from illegal practices such as “voice spam” intended to deceive the User into calling them to call the service back against their will or to encourage the User to call the Platform back by prompting them to log in repeatedly, even though LiviMaster will detect inappropriate or abnormal use of the requested Service under unreasonable conditions by the User.

C.4.1. Promotional Campaigns, Offers, and Discounts

Through their personal interface, LiviMasters may send promotional codes in the form of percentage discounts valid for the communication methods and services of their choice to Users who have previously requested their services via the Platform. The LiviMaster has sole discretion regarding the frequency and amount of the discount offered.

The LiviMaster agrees that the Platform may, in turn, offer Users occasional or permanent discounts, valid for all LiviMasters or on an individual basis.

C.5. Publication of Photos, Transmission of Images

The LiviMaster agrees not to capture, record, or transmit the image of any minor and not to communicate with any minor under any circumstances on the LiviTalk Platform.

Similarly, the LiviMaster agrees not to capture, record, or transmit images of any client whatsoever, nor to communicate with them outside the Platform, even if requested to do so by the client.

In fact, U.S. federal criminal law (including 18 U.S.C.) punishes with imprisonment and a fine:

The act of capturing, recording, or transmitting the image or depiction of a minor for the purpose of distribution, when such image or depiction is of a child-pornographic nature,
The act of distributing such an image or representation by any means whatsoever, or of importing or exporting it, is punishable by the same penalties.
In the event of the distribution of child pornography, the Platform will provide the competent judicial authorities with all information in its possession, including contact information, last names, first names, and addresses.

C.6. Termination of the LiviMaster Account

Subject to the notice period provided for in the last paragraph of this article, LiviTalk reserves the right to delete the account and terminate the LiviMaster contract by email or regular mail in the following cases:

Publication of one or more inappropriate photographs or the absence of photographs,
difficulties reported by Users whose consequences would hinder the proper functioning of the Platform
comments that go beyond the scope of the contract,
alarming comments posted on the site,
leaving a call on a User’s voicemail or repeatedly calling back, with the LiviMaster remaining on the voicemail without any necessity: in this scenario, the user is charged even though they owe nothing since they are not connected with the service provider, which is detrimental to the user, LiviTalk must ensure that the User pays only for what they use when they are directly connected to the LiviMaster,
unwanted hang-ups by the LiviMaster while they are on the line with a User, regardless of the number of hang-ups: The User is harmed and should not be subject to unexpected hang-ups that adversely affect them, which the Platform must ensure does not happen,
providing LiviTalk with false corporate or personal contact information,
proved discrediting of the offending LiviMaster by other LiviMasters, which can be proven by any means through LiviTalk (including a statement from the LiviMaster),
an attempt to avoid receiving negative reviews from Clients of any kind,
manipulation by the LiviMaster on websites to avoid a Consultation,
any act whatsoever, observed by LiviTalk, that does not comply with the ethics and morals of business practice or with the good-faith conduct that every LiviMaster must uphold toward the User and LiviTalk,
practices or acts that undermine the honor, reputation, and integrity of the Platform, whether through a unique pricing policy intended for Users but inapplicable to LiviTalk or others,
by making written or oral statements that are malicious and/or violate the Platform’s ethical standards,
contract breaches, whether civil, criminal, commercial, legal, or regulatory,
violations of the confidentiality rules applicable to exchanges, conversations, letters, and emails between LiviMasters and Users; between LiviMasters and Platform employees of any kind, including LiviTalk executives; and between LiviMasters themselves. LiviTalk expects its platform to meet the standards of respect for others, respect for others’ lives, and adherence to contractual rules and propriety that must govern an advice platform.
A LiviMaster’s profile linking to a competing website or other site through which they would advertise on their own behalf, which would harm LiviTalk Users and constitute a misappropriation of Users.

The LiviMaster acknowledges that they have no rights over the Users of the LiviTalk Platform.

Furthermore, in the event that the LiviMaster refers certain Users or Clients, such Users shall be deemed to belong to LiviTalk.

Once the LiviMaster’s contract is terminated, the LiviMaster shall have no claim to any rights over the referred Users, and the related referral Commissions shall cease as of the date the contractual relationship between the LiviMaster and LiviTalk ends.

Consequently, the LiviMaster is prohibited from contacting LiviTalk’s Users, Consultants, or Clients in any way whatsoever, whether on the Platform or through any other Platform or website, by any means (telephone, mail, or other means of communication).

It is hereby reiterated that for the most serious breaches (fraud, material breach, security violation, or any of the acts enumerated in Section C.9), LiviTalk shall have the right to terminate the Agreement immediately for cause (immediate termination for cause) upon written notice to the LiviMaster, without prior judicial intervention, effective upon LiviTalk's determination of the breach. Such termination shall be without prejudice to any other right or remedy available to LiviTalk under applicable law.

LiviTalk reserves the right, solely for the purpose of administrative account cleanup, to close any LiviMaster Account that has remained strictly inactive for more than twelve (12) consecutive months (no login, no published offer, no Service collected). Such closure for prolonged inactivity is not disciplinary in nature and shall have no bearing on the LiviMaster's independent contractor classification, which is governed exclusively by Section C.20.

Furthermore, since LiviTalk is bound to the LiviMaster by an indefinite-term contract, it shall be free to terminate the LiviMaster’s contract without having to provide a specific reason. For any termination without cause of a LiviMaster who has been active for more than six (6) months, LiviTalk shall provide a minimum written notice period of thirty (30) days, except in cases of fraud, material breach, security violation of the Platform, or violation of Sections C.9, C.19 or H.5, in which cases termination shall be effective immediately upon written notice, without prejudice to any right or remedy of LiviTalk under Delaware law and the Federal Arbitration Act.

C.7. LiviMaster’s Use of a Work of the Mind

In accordance with international copyright conventions (Berne Convention) and Delaware, U.S. copyright law (Copyright Act 1976 (17 U.S.C.)), which stipulate: “ any representation or reproduction, in whole or in part, of a work of authorship—such as a photograph—made without the consent of the author or their successors in title or assigns is unlawful and subjects the author or publisher to penalties provided by law.”Any LiviMaster who intends to use and publish photos on the LiviTalk website must first obtain the author’s consent and provide proof of such right to LiviTalk if the Platform so requests.

To this end, LiviTalk reserves the right to request any modification of photos published on the LiviTalk website if the LiviMaster fails to provide the author’s authorization or consent, or if LiviTalk receives a letter from the author or their representative asserting their rights.

LiviTalk reserves the right to hide, ban, or suspend access to the Service for any LiviMaster who publishes unauthorized photos.

Furthermore, in such a case, the LiviMaster shall bear all legal consequences and shall indemnify LiviTalk in the event of legal action brought against LiviTalk by the aggrieved third party.

C.8. Reviews and Comments on the Service Platform by the LiviMaster

LiviTalk is under no obligation to justify any comments—whether positive or negative—found on the Platform and posted by Users.

LiviTalk may select, highlight, delete, or leave on the site any comments of its choosing, given that LiviTalk has the authority to manage its Platform and ensure it complies with applicable laws and legal principles.

In this regard, it is specified that LiviTalk, as the Platform operator, must comply with applicable laws and regulations and must also be able to assess comments on its own, deciding to remove certain ones in accordance with the code of conduct and ethics governing the Platform.

Furthermore, LiviTalk shall be entitled to investigate and remove fake comments. Fake comments constitute a form of “astroturfing,” namely positive reviews or comments posted by the LiviMaster themselves under the guise of a satisfied User, which may also involve disparaging other LiviMasters with the aim of damaging the image and reputation of competing LiviMasters’ services or offerings, as this practice is punishable by law and constitutes one of the unfair practices referred to in the Lanham Act (15 U.S.C. §§ 1051 et seq.), applicable state consumer-protection laws, and the Computer Fraud and Abuse Act (18 U.S.C. § 1030).

C.9. Immediate Suspension of Access to LiviMaster / Immediate Deactivation of the LiviMaster Account

LiviTalk is entitled to deactivate the LiviMaster’s profile by notifying the LiviMaster via email of the deactivation; given the serious nature of the breach, no formal notice to comply is required, as the termination of the contractual relationship by the LiviMaster is deemed accepted in light of the commission of the act, which results in the immediate termination of the contract for cause upon written notice and the permanent deletion of the LiviMaster’s Account without any judicial intervention for any of the acts listed below, whatever they may be.

glorifying crimes against humanity
inciting the use of drugs and illicit substances,
inciting racial hatred, violence, death, or encouraging suicide,
undermining human dignity,
infringing upon the privacy of individuals, other LiviMasters, or any other third party by capturing, recording, transmitting, or disseminating spoken words or written communications—whether received, transmitted, or shared on a confidential or non-confidential basis—
directly or indirectly advertising products that are prohibited by law (such as drugs),
promoting services intended for children, including gaming services, dating services, or scams, as well as any unauthorized advertising,
taking any action that could jeopardize or interfere with the proper functioning of the Platform,
involving unauthorized access or attempted unauthorized access to a server or account to which the LiviMaster is not authorized to access,
of a nature that violates legal provisions regarding intellectual property rights, including those belonging to LiviTalk,
involving any “framing” operations or the creation of mirror sites duplicating LiviTalk’s website, or including in any service offers or profiles a hyperlink to a third-party site without the express authorization of LiviTalk;
astroturfing practices aimed at posting fake consumer or User reviews on the website, specifically positive reviews and comments posted by the LiviMaster themselves or by third parties posing as Users,
taking any action that could jeopardize or interfere with the proper functioning of the Platform or any Service provided on the Platform,
taking any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure,
accessing or attempting to access data not intended for viewing by the LiviMaster,
accessing or attempting to access a server or account to which the LiviMaster is not authorized to have access,
harassing, threatening, insulting, or infringing upon the privacy of any other LiviMaster and/or third party, or disseminating defamatory, abusive, or slanderous information,
violating human dignity through text, images, or videos of a racist, violent, child-pornographic, or revisionist nature, or endangering the lives of others,
violating legal provisions regarding intellectual property rights, and in particular, not to commit any act that could constitute infringement or unfair competition,
engaging, without LiviTalk’s express authorization, in any framing or creation of “mirror sites” that virtually replicate LiviTalk’s sites, or including in any service offering or profile a hyperlink pointing to a third-party site.
using information concerning other Users or third parties for inappropriate or unlawful purposes, such as unsolicited solicitation, poaching, sending invitations to participate in lotteries, contests, chain letters, spamming, and other prohibited activities;
diverting LiviTalk Users by any means, given that Users are LiviTalk’s clientele, a fact acknowledged by the LiviMaster. Such diversion may not take place via another Platform, another website, or in any setting that brings the User and the LiviMaster into contact, regardless of the means of communication used by the LiviMaster: telephone, email, mail, or other methods.
This also applies to any act of cybercrime not defined herein.

In the event of a breach or violation as defined above, LiviTalk shall be entitled to terminate the contract between the parties without any judicial intervention; as stated above, the contract is automatically terminated upon LiviTalk’s determination of the breach.

In this scenario, the LiviMaster shall not be entitled to allege unfair practices against LiviTalk, subject to the limited enumeration of the breaches and findings as mentioned above by LiviTalk, as LiviTalk, by the nature of its activity as a Platform, is required to adhere to rules of ethics, morality, and respect for the premises.

C.10. Notifications in the Event of Suspension and Termination

LiviTalk will notify the LiviMaster via an online message as soon as the wrongful act or omission is identified.

LiviTalk will notify the LiviMaster at fault by email or mail, within a reasonable time following the suspension, of the deactivation of their LiviMaster Account and, consequently, the termination in the cases stipulated in the aforementioned articles.

To this end, the LiviMaster acknowledges and agrees that this timeframe is sufficient for deactivation or termination of the contractual relationship.

To the extent that the LiviMaster’s actions and/or omissions constitute a material breach requiring the immediate suspension of the LiviMaster’s access to the Platform, LiviTalk is entitled to suspend the provision of the Service and to terminate the contract.

C.11. Damages

In light of the above provisions, the LiviMaster is solely liable for any any direct, indirect, incidental, consequential, special, punitive, or exemplary damages caused to LiviTalk. The LiviMaster is also liable for any shall indemnify, defend, and hold harmless LiviTalk (LIVIgroup LLC) from and against any and all actions, demands, claims, judgments, and awards of damages that LiviTalk may face or be subject to, or that may be imposed against it, provided that such actions, demands, claims, or awards arise from, are based on, or stem from the LiviMaster’s violation of the rights of a third party, a User, a Client, or another LiviMaster, and/or any civil or criminal offense committed against a third party, a User, a Client, or a LiviMaster, or a complaint filed by a User, third party, or LiviMaster, regardless of the cause.

C.12. Modification of These Terms and Conditions

LiviTalk reserves the right to propose amendments to these General Terms of Use at any time. In accordance with the standard set forth in Douglas v. Talk America, 495 F.3d 1062 (9th Cir. 2007), any material modification requires: (i) a dedicated email notification sent to the LiviMaster at the address registered on the Account; (ii) a conspicuous banner displayed on the LiviTalk Platform throughout the notice period; (iii) a minimum notice period of thirty (30) days before the effective date; and (iv) the LiviMaster's active acceptance (a dedicated checkbox or click) in order to continue using the Service beyond the effective date. Absent active acceptance, the LiviMaster may terminate the Agreement without penalty. LiviTalk does not practice silent modification: the mere silence of the LiviMaster shall not constitute acceptance. Modifications compelled by mandatory law or by a court order take effect immediately, without prejudice to the right to terminate.

C.13. Confidentiality and Disclosure

Each party—namely, LiviTalk and the LiviMaster—agrees to treat as confidential the contract and all documents and information exchanged during the performance of the Contract, as well as the techniques, methods specific to each party, and other processes or services covered by the Contract.

Consequently, each party agrees not to disclose or communicate such information to a third party without the prior written consent of the other party.

C.14. Complaints

In the event of a claim of any kind, the LiviMaster must first submit their request by certified mail to the following address: LIVIgroup LLC – Customer Relations Department – 131 Continental Dr, Suite 305, Newark, Delaware, USA

In addition, any complaint may also be submitted via the Client Relations Department through the following page: https://livitalk.com/contact

Complaints will be processed by LiviTalk within 30 days of receipt of the registered mail, regular mail, or email, provided that the claimant must provide proof of submission to LiviTalk in the event that LiviTalk does not respond within the timeframe specified below.

It is specified that as soon as LiviTalk receives a complaint from a LiviMaster, it will, of course, handle it promptly and effectively by referring the LiviMaster to one or more mediators, whose contact information will be provided upon the LiviMaster’s request.

C.15. Payment Disputes

The User may not refuse payment if they are dissatisfied with the Service or if it does not meet the specifications of the offer; if the content of the service does not suit the User, the LiviMaster will be solely liable, as LiviTalk cannot be held liable for the content of the service or the advice provided by the LiviMaster.

LiviTalk will nevertheless do its best to ensure that the dispute is resolved amicably between them once payment has been made by the User.

In the event of a dispute, the User and the LiviMaster will first attempt to resolve it amicably.

If the amicable resolution process fails, the User and the LiviMaster shall each be responsible for any legal action either party may bring, it being recalled that any dispute is subject to the AAA arbitration clause (Section I.4) and, on a subsidiary basis, to the competent Delaware courts (Superior Court of Delaware / Court of Chancery), in accordance with Sections I.1 and I.4.0.

The LiviMaster has the option, via their LiviMaster Account, to refund the Client’s credits or currency through a refund interface provided for this purpose. Once the LiviMaster has approved the refund, they cannot reverse the transaction.

C.15.1. Withdrawal Periods and Refunds

Refund of User or Client Wallet Credits by LiviTalk

Unused Credits available in a User’s or Client’s wallet may be refunded at any time upon request to customer service or support via the “Support – Contact Us” page, for a period of twelve months following the last credit addition. To limit excessive requests, the Support team may process one refund request per month per User or Client.

Refund of a Service, Performance, or Order by a LiviMaster

In the event of a dispute, the refund for a service, performance, or order intended for a User is issued directly by the LiviMaster who provided the service, the service, or the order. To the extent possible, the User and the LiviMaster must agree on the terms of this refund. The LiviTalk website will intervene only if an agreement between the parties cannot be reached and will act in the most neutral manner possible to help resolve the dispute. A refund issued by a LiviMaster is a Credits refund to the User’s wallet; if the User wishes to receive a refund via the original payment method, they need only submit a request to customer support, as indicated above.

Withdrawal Periods Following the Purchase of a Service or Order.

In accordance with the applicable provisions in their country of residence, particularly those arising from Directive 2011/83/EU (Art. 16-m) as transposed into the national laws of European Union member states, the consumer User acknowledges having expressly requested, prior to performance, that the service begin before the expiration of the Withdrawal period, and consequently waives this right for all services or orders delivered immediately by a LiviMaster and/or to which the User or Client has already had access.

Distinction between the purchase of Credits and the performance of a Service: the purchase of LiviTalk Credits or Top-ups remains eligible for a refund within the fourteen (14)-day Withdrawal period as long as these Credits have not been used to initiate a Service. However, once a Service has begun (Consultation started, digital content made available, PMD delivered), the Service is deemed to have been fully performed with the User’s express consent, and the right of Withdrawal is extinguished for the portion of Credits thus consumed.

The User generally has a period of fourteen (14) calendar days to exercise their right of withdrawal for any unfulfilled service or order, without having to provide a reason or pay any penalties. This fourteen (14)-day period begins on the date the online payment is confirmed. If it expires on a Saturday, Sunday, or a public holiday or non-working day, the fourteen (14)-day period is extended until the next business day. The User may exercise their right of withdrawal with LiviTalk via the “Support – Contact Us” page or by written notice by email with delivery confirmation (or U.S. Postal Service Certified Mail, return receipt requested) addressed to Customer Support, or with LiviMaster via private messages.

If the User uses the LiviTalk Wallet and a credit card to pay for transactions, they may block their LiviTalk account by contacting Customer Support.

The LiviTalk Wallet may also be credited through promotional offers provided by LiviMasters or by LiviTalk. In this case, the credits may be subject to specific terms of use unique to each offer, which can be viewed on the Platform.

C.16. Nullity, Headings, Clauses, Non-Enforcement, Content of the Contract—Conflicting Clauses

The failure of either party to enforce any provision of the Contract shall not be construed in the future as a waiver of the right to enforce said provision.

The headings of the articles and paragraphs of the General Terms and Conditions are intended solely to facilitate the organization of the text, said articles, and paragraphs, and no interpretation of the Contract or its content may be inferred from them.

A failure to understand a subparagraph of a clause in this Contract does not render the clause or the Contract null and void.

The invalidity of a clause shall not render the Contract invalid.

The parties shall consult with each other to replace such clause with a new clause that reflects the spirit of the invalidated clause.

This Agreement consists of these General Terms of Use, the General Terms of Service, and the General Terms of Use applicable to LiviMasters.

Any agreement or document relating to the subject matter of this Contract and the provision of services—including any commercial offer or other document presenting the services exchanged between the parties before and after the signing of this Contract—shall have no contractual value.

In the event of a conflict between a provision of these General Terms of Use applicable to LiviMasters and a contract containing specific provisions of fixed or indefinite duration, the General Terms of Use applicable to LiviMasters shall prevail.

C.17. Cooperation and Good Faith Among the Parties and Toward Third Parties and Users

The parties—namely, LiviTalk and LiviMaster—agree on the need to maintain close cooperation in order to coordinate their actions and comply with the terms and conditions of these General Terms of Use.

Furthermore, the LiviMaster agrees to provide a service in good faith toward:

The User or Client

The LiviMaster agrees to provide a service in good faith.

To this end, the User must not be misled regarding the content and service offered by any means whatsoever.

The Service must be provided by LiviMaster in its entirety at the rate quoted to the User.

LiviMaster must:

inform Users of the service price in USD (U.S. dollars) and the billing method (per minute or per transaction).
state its trade name accurately,
disclose their identity to the User in the event of a dispute,
indicate any restrictions on the use of the Service,

To this end, the information must be clear, accessible, and unambiguous.

LiviMaster agrees to:

conduct Consultations with tact, professionalism, and care in order to inform the User,
maintain the strictest confidentiality regarding the information entrusted to it by the User,
Competitors

The LiviMaster agrees to engage in fair competition.

Consequently, the provider shall refrain from taking any action on or off the Platform with the intent to directly or indirectly disparage another LiviMaster and/or divert Users from the Platform, as Users represent LiviTalk’s customer base. Non-solicitation. During the term of the Agreement and for a period of twelve (12) months following its termination for any reason, the LiviMaster shall not directly or indirectly solicit, contact, or divert any User introduced through the LiviTalk Platform outside of LiviTalk's services. This obligation does not extend to Clients acquired by the LiviMaster outside the Platform, either before or during the contractual relationship. Ownership of Data. All Client contact information, transaction records, and metadata generated on the Platform remain the exclusive property of LIVIgroup LLC as a matter of trade secret and database rights (Delaware Uniform Trade Secrets Act; 18 U.S.C. § 1839 — Defend Trade Secrets Act).

The LiviMaster shall refrain from posting fake consumer reviews (astroturfing) in the form of positive reviews or comments posted by the service provider themselves under the guise of a User.

The LiviMaster agrees to comply with the scope of their service as stated upon acceptance of access to the LiviTalk Platform.

C.18. Intellectual Property Rights

LiviTalk holds the rights to all software made available to the LiviMaster.

Any act of infringement or unfair competition—or any act that could be classified as such—committed by a third party and of which the LiviMaster becomes aware must be reported to LiviTalk, which will take the necessary legal action.

The LiviMaster does not transfer ownership rights to LiviTalk or the LiviTalk Platform but grants a right of use for a period of five (5) years.

LiviTalk owns the trademarks and logos used on its websites; no third party may use these trademarks or logos.

All text, images, icons, drawings, graphics, photographs, programs, and other components of its websites, including the website livitalk.com, are the property of LiviTalk and are protected by copyright law.

Any commercial or non-commercial use of the images, text, icons, drawings, graphics, logos, photographs, programs, and other components of LiviTalk’s websites is strictly prohibited without its prior written consent.

LIVIgroup LLC reserves the right to bring any action (including injunctive relief) before the competent Delaware courts (Superior Court of Delaware for contract and liability disputes; Court of Chancery for equitable remedies), or any other court of competent jurisdiction under applicable law, against any individual, legal entity, third party, User or LiviMaster who has infringed upon its software or any components of its websites (images, text, icons, drawings, graphics, logos, photographs, programs, and others) in order to seek compensation for its losses.

Making or causing any modifications to the software, including to correct any errors therein,
To duplicate, reproduce, copy, extract, or modify the software, or to incorporate it into a derivative work,
To disassemble, dismantle, damage, modify, reverse engineer, decompile, or decipher the software, its documentation, or its source code,
To create improvements to this software or to use any other method intended to or resulting in access to the source code or protocol of the software used by LiviTalk,
Incorporate, integrate, reuse, or include all or part of the software into any other software, program, product, or service;
Distribute, redistribute, transfer, lend, rent, modify, pledge as collateral, or sublicense the software,

Under no circumstances may LiviMaster attempt to access the software’s source code.

C.19. Ethical Obligations and Prohibition on Coercion

C.19.1. The LiviMaster agrees to conduct their business with integrity, moderation, and respect for the User. They are strictly prohibited from: (i) creating, maintaining, or exploiting a state of psychological, emotional, or financial dependence in a User; (ii) to encourage a User to incur expenses that are disproportionate to their apparent financial situation; (iii) to instill fear, guilt, a sense of urgency, or a feeling of inevitability for the purpose of obtaining payments, tips, or extensions of Consultations; (iv) to present themselves as a doctor, psychologist, therapist, lawyer, or financial advisor, or to promise a specific outcome.

C.19.2. The LiviMaster agrees to exercise heightened vigilance toward Users who are clearly vulnerable (apparent psychological distress, obvious addiction, abnormally high and repeated expenditures). LiviMaster agrees to refer any User expressing severe distress or thoughts of self-harm to professional help and to suspend the Service.

C.19.3. Any breach of these obligations constitutes a material breach entitling LiviTalk to suspend or terminate the LiviMaster’s account without notice, to withhold any amounts due until the matter is clarified, and to retain relevant evidence. The LiviMaster shall indemnify and hold LiviTalk harmless from any third-party claims resulting from such a breach.

C.20. Independent Status of the LiviMaster

C.20.1. The LiviMaster carries out their activities completely independently, as a professional or self-employed service provider acting in their own name and on their own behalf. They are the sole legal provider of their Services.

C.20.2. No provision herein shall be construed as creating between LiviTalk and the LiviMaster a relationship of subordination, an employment contract, a partnership, a joint venture, a general power of attorney, or an agency relationship. The LiviMaster has no authority to enter into any contract in the name of or on behalf of LiviTalk. The mandate granted to LiviTalk is strictly limited to collecting payments (Section A.4).

C.20.3. The LiviMaster is free to set their own prices (within the technical limits of the Platform), schedules, methods, and the content of their Services. They are not subject to any exclusivity and remain free to offer their services through other channels and to their own clientele.

C.20.4. The LiviMaster is personally responsible for all reporting, social security, and tax obligations in their country of residence and practice, and indemnifies LiviTalk against any claims from a government agency or third party in this regard.

D. SPECIFIC REQUIREMENTS RELATED TO DIGITAL OFFERS

D.1. Information on Pricing Terms

Prior to the conclusion of a transaction offered by LiviMaster, LiviMaster shall inform the User of the methods used to calculate the price in accordance with the pricing terms set forth below.

It is noted that the pricing terms applicable to the transaction are set at the LiviMaster’s discretion, in accordance with the rates applied within the profession in which they practice.

D.2. Transaction Rates

The pricing terms applicable to digital services are set at the LiviMaster’s discretion, subject to the following threshold:

for services provided by phone, Video conference, and chat, starting at 0.25 USD per minute and less than 10,000 USD,
for a Service, private media purchase, or order, the LiviMaster sets the price paid by the User between 1.00 and 10,000 USD,
for MasterClasses and Webinars, the LiviMaster may offer services free of charge or for less than 10,000 USD.

It is stipulated that the LiviMaster shall freely determine the rates for their Services, orders, Subscriptions, or Packages, taking into account the complexity of the work performed and the quality of the overall service, while adhering to the rates customary in their profession or commensurate with their reputation.

To this end, LiviTalk provides the User/client with the option to pay by credit card for the exact amount of the service; this may require two-factor authentication via 3D Secure (3DS) to ensure that the User is the cardholder.

D.3. Determination of the LiviMaster Share per Service (QPLM)

With regard to the provision of Services, offerings, or orders covered by this agreement,

the QPLM is determined, in accordance with Section E, by applying a Category Rate, under which LiviTalk’s Commission is 22% of the revenue generated by the LiviMaster, net of communication fees, credit card fees, and Chargeback fees.

LiviTalk reserves the right to modify this Category Rate, provided that it has notified LiviMasters of such modification 30 days prior to its effective date, via email or regular mail.

D.4. Payouts

D.4.1. Definition of Eligible Services

Eligible Services entitling the LiviMaster to QPLM include all Services, purchases, or orders, and any related options, collected by LiviTalk and validated by Users, provided that validation by the User means one of the following:

Exercise of the modification rights granted to the User by LiviMaster;
Spontaneous confirmation by the User through a positive action on the Platform;
Expiration of a 72-hour period following the delivery date of the Service(s), purchase(s), or order(s) and any related options.

D.4.2. Payment Terms

Invoices issued by LiviMasters are payable according to the schedule provided to LiviMasters by LiviTalk.

LiviMasters acknowledge that, in the event of failure to comply with the deadlines specified in the schedule provided by LiviTalk, LiviTalk shall not be held liable for any resulting additional payment delays.

Without prejudice to compliance with the deadlines in the schedule provided to LiviMasters by LiviTalk, LiviTalk’s guiding principle is to enable all of its LiviMasters to receive payouts on a monthly basis.

D.5. LiviMaster Availability

The LiviMaster may activate their communication channels—including phone, chat, Video conference, text message, and email—at their convenience and according to their availability, and may activate, display, or hide their offers on the Platform at their convenience, according to their availability.

If a LiviMaster is unable to accept orders during a specific period, they must hide their current offers on the Platform to avoid misleading Users and receiving orders they are not able to fulfill.

A LiviMaster who accepts an order agrees to deliver it within the timeframes defined and accepted by the User (and confirmed by the LiviMaster) at the time of payment for a Service, purchase, or order and any associated options.

In the event that the LiviMaster fails to deliver the order within the predefined timeframe or is unavailable for an extended period, the LiviMaster is aware of the penalties that may be imposed, such as the temporary or permanent suspension of access to the Platform.

D.6. Liability and Copyright

D.6.1. Intellectual Property Rights to Published Media

By publishing photographs, videos, text, or any other media on the LiviTalk Platform, LiviMasters warrant that they hold the copyrights or have obtained all necessary authorizations to use, publish, or distribute such content. These rights include, but are not limited to:

The right of reproduction.
Rights of public performance.
Rights of distribution and modification, if applicable.

LiviMasters remain solely liable for any content published and for any potential infringements of third-party rights.

D.6.2. Warranty of Lawful Use

By publishing content on the Platform, the LiviMaster warrants to LiviTalk that:

1. The content is original or that the LiviMaster holds the necessary rights to publish and legally use it.

2. No media infringes on the intellectual property rights of third parties, including copyrights, image rights, or trademark rights.

3. No published content violates applicable local or international laws.

D.6.3. License Granted to LiviTalk

By publishing media on the Platform, the LiviMaster grants LiviTalk a non-exclusive, worldwide, royalty-free license to:

Display the media on the Platform for the purpose of making it available to Users.
Promote the Platform’s services through the provided media, within the limits of the rights necessary for this purpose.

This license remains valid as long as the content is published on the Platform. It terminates two years after the media is removed by the LiviMaster or if their account is deleted, subject to legal retention obligations.

D.6.4. Liability for Rights Infringement

The LiviMaster is solely responsible for any claims, complaints, or legal actions related to the media they publish. In the event of a claim or legal action involving LiviTalk, the LiviMaster agrees to:

Indemnify LiviTalk for any damages, costs, or expenses resulting from such a claim.
Provide all necessary assistance to defend LiviTalk against such claims, at LiviTalk’s expense.

D.6.5. Content Monitoring and Removal

LiviTalk reserves the right, without prior notice, to hide, remove, or suspend any media published by a LiviMaster in the following cases:

If a credible claim is received regarding a violation of copyright or image rights.
If the content violates applicable laws or these Terms and Conditions.
If the content damages LiviTalk’s brand image or infringes upon human dignity.

D.6.6. Evidence and Authorizations

At any time, LiviTalk may request that the LiviMaster provide evidence or authorizations demonstrating that they hold the necessary rights to the published media. Failure to comply with this obligation may result in the suspension or removal of the content in question, or even the deactivation of the LiviMaster’s Account.

D.6.7. Right of Publicity and Third-Party Authorizations

The LiviMaster agrees to obtain prior consent from individuals appearing in their media, unless such media is created in a context where image rights do not apply (for example, photos of public places that do not feature identifiable individuals). LiviTalk shall not be held liable for any claims related to a violation of image rights.

D.6.8. Prohibition on Reproduction Without Authorization

Users of the Platform, including other LiviMasters and end users, are not authorized to reproduce, distribute, or exploit media published on LiviTalk without the LiviMaster’s explicit authorization. Any violation of this rule may result in legal action.

D.6.9. Dispute Resolution

In the event of a dispute regarding copyright or the rights to use published media, LiviTalk may temporarily suspend access to the disputed content until a legal decision or an amicable resolution is reached. LiviTalk reserves the right to cooperate with the relevant authorities if necessary.

D.6.10. Content and Services

The LiviMaster acknowledges and agrees that for any digital creation service performed at the request of a User (such as a logo, text, customized document, etc.), the intellectual property rights and economic rights are fully transferred to the User (end customer) upon full payment for the Service.

LiviTalk does not acquire any ownership rights to the customized creations sold to Users. However, the LiviMaster grants LiviTalk a limited technical license to store, display, and transmit such content for the proper functioning of the Service.

The LiviMaster warrants that they have full legal capacity to transfer these rights to the User and that they indemnify LiviTalk and the User against any third-party claims or challenges.

D.6.11. User-Generated Content (UGC) for Advertising Purposes

The LiviMaster or any third-party Professional Contributor (hereinafter the “Professional Contributor”) may submit video or visual content to LiviTalk for advertising purposes via the upload tools made available on the Platform. The Professional Contributor acknowledges acceptance of the provisions of this section by voluntarily submitting their content, in addition to their general acceptance of the Terms of Use upon registration.

1. No Use Without a Written Agreement. LiviTalk agrees not to broadcast, publish, reproduce, modify, or commercially exploit, in any form whatsoever, the submitted content, absent the prior conclusion of a written and signed commercial agreement between LiviTalk and the Professional Contributor setting forth the compensation, scope, and term of the license granted.

2. Evaluation and Automatic Deletion After Ninety (90) Days. LiviTalk evaluates submitted content within a reasonable time. If no written commercial agreement is concluded between the Parties within ninety (90) days of the date of receipt, LiviTalk shall permanently delete the content from its systems and shall not use it in any manner.

3. No Implied License. Nothing in this Section shall be construed as an assignment, license, authorization, or waiver of the Professional Contributor's intellectual property rights. The Professional Contributor retains all copyright (17 U.S.C. § 101 et seq.) in the submitted content until a written and enforceable commercial agreement is concluded.

4. Early Withdrawal. The Professional Contributor may, at any time and without justification, request the immediate withdrawal of their content by emailing support@livitalk.com (specifying the content). The content will be removed within fifteen (15) business days.

5. Confirmation of Deletion. Upon written request, LiviTalk shall provide written confirmation of the effective deletion of unretained content.

D.7. Tips

The Platform offers Users the option to freely and voluntarily send a tip to a LiviMaster as a token of satisfaction with a Service, content, or interaction.

D.7.1. Amount and Limit

The amount of a single tip must be between five (5.00) and one hundred fifty (150.00) U.S. dollars. Any amount lower or higher than this range cannot be processed by the Platform.

D.7.2. Limits to Prevent Abuse

To prevent any abuse, behavioral manipulation, unfair commercial practices, or risks to Users’ financial well-being, the number of tips is limited to a maximum of three (3) tips per calendar day, per User, and per recipient LiviMaster. Once this limit is reached, the User may not send new tips to the LiviMaster in question until the following calendar day.

D.7.3. Voluntary and Irrevocable Nature

Tips are discretionary and voluntary and do not constitute payment for an additional service or for a specific service. Therefore, except in cases of obvious error or proven fraud, they cannot be refunded, withdrawn, or canceled. The LiviMaster may not make the provision of a service, the quality of a Consultation, or the availability of content contingent upon the payment of a tip, nor may it urge the User in an insistent, repeated, or misleading manner to provide one.

D.7.4. Commission and Payout

Tips are subject to the applicable LiviTalk Commission and applicable payment fees, under the same conditions as any other paid service. The payout to the LiviMaster is made in accordance with the terms set forth in Section E.5.3 (within twenty-one (21) days from the date of the tip).

D.7.5. Penalties for Abuse

Any misuse of the tipping system—including the use of multiple User accounts by a single LiviMaster, soliciting tips in circumvention of the above limits, or the aggressive solicitation of tips in exchange for a promise of Service, constitutes a serious breach of these Terms and Conditions and will result in the immediate suspension or termination of the offending LiviMaster’s Account, as well as the Payout of the relevant amounts to the affected Users.

E. SPECIFIC REQUIREMENTS RELATED TO CONSULTATIONS AND SERVICES

E.1. Information on Pricing Terms

Prior to the conclusion of the Service offered by the LiviMaster, the LiviMaster shall inform the User of the methods used to calculate the price in accordance with the pricing terms set forth below.

Please note that the pricing terms applicable to the Service are set at the LiviMaster’s discretion and displayed on their LiviMaster Profile

E.2. Transaction Rates

The pricing terms applicable to transactions via Phone, Chat, Video conference, SMS, or Email, as well as any other services, are set at the LiviMaster’s discretion.

To this end, LiviTalk offers the User top-ups of $30, $50, $100, $500, or more, payable via any available payment method; these top-ups allow the User to log in and pay for the services provided by the LiviMaster.

LiviTalk will also offer the User a “pay-per-use” credit card payment option for the exact amount of their Consultation for consultations via phone, chat, or Video conference. To do so, the credit card payment provider will take a pre-authorization hold on the card, and the amount will be charged at the end of the Consultation.

E.3. Determination of the LiviMaster Share per Service (QPLM)

With regard to consulting services provided via telephone, chat, Video conference, text message, or email, or any other service, order, or provision covered by this agreement,

the QPLM will be determined, in accordance with Section E.6, by applying a Category Rate indicated in the table below as a percentage (%) of the amount billed by LiviTalk to the User.

LiviTalk reserves the right to modify this Category Rate, provided that it has notified LiviMasters 30 days prior to the effective date of such modification, via email, regular mail, or any other electronic means.

For forwarded calls—including mobile phones, landlines, chat, Video conference, and SMS, LiviTalk applies an additional surcharge as indicated below (hereinafter referred to as “Rerouted Communication Surcharges”), which is deducted from the PNP as set forth in Section E.6 herein.

SITE COMMISSION:

22%

+
The fees below will be reduced over time; the more volume LiviTalk generates with its service provider partners, the more these costs will decrease over time.

Description	Cost per Minute
Phone Call	Free - $0.00 per minute (or $0.00 per hour)

Description	Cost per minute
Chat	Free - $0.00 per message
Video conference	Free - $0.00 per minute (or $0.00 per hour)

Description	SMS Price = Audio, Photo, Video, or File Message
SMS via Telegram , WhatsApp , WeChat	Telegram: Free $0.00 per open session => a session of 10, 20, or 30 SMS at the same rate WhatsApp: Free $0.00 per open session => a session of 10, 20, or 30 SMS at the same rate WeChat (China): Coming soon

Description	MasterClass & Webinar Rates
Paid MasterClasses & Webinars for Clients	Free $0.00/minute/Client, or $0.00 per hour
Free MasterClasses & Webinars for Clients / YouTube	Free, no additional cost

Description	Rate per Email Sent
Email	Free 0.00/ per email message

The amount may be temporarily adjusted upward or downward, depending on changes in the assessed risk.

E.4. Failure to Pay

In the event of non-payment by the User due to a post-payment refusal initiated with their bank or in the event of fraud, LiviTalk shall not bear the cost associated with a “chargeback” related to the service provided by the LiviMaster, To this end, for any transaction disputed by the User with their bank, LiviTalk will deduct the total amount of the service from the LiviMaster’s account, and the LiviMaster will be responsible for the actual bank fees charged to LIVIgroup LLC by the payment provider, capped at 25.00 USD per Chargeback, charged by the User’s or Client’s bank per unpaid transaction and passed on to the LiviMaster (price varies between 20 and 25.00 USD depending on the bank)

E.5. Payouts

E.5.1. Definition of Eligible Services

Eligible Services entitling the LiviMaster to a QPLM (QPLM being defined in the General Terms and Conditions) include all communication or telecommunication Consultations, Services, orders, or transactions that have generated revenue collected by LiviTalk.

However,

connections that could not be established for technical reasons or due to Force Majeure,
calls lasting less than 10 seconds,
calls that go to voicemail,

shall under no circumstances be considered Eligible Services and shall not entitle the LiviMaster to any QPLM.

E.5.2. Variable Rolling Reserve at LIVIgroup's Sole Discretion (operational reference)

LIVIgroup LLC is expressly authorized, in addition to and consistent with Article A.4.8, at any time and without mandatory prior notice, to establish a Rolling Reserve withheld from amounts otherwise payable to the LiviMaster, the applicable rate and hold period of which shall be modulated in LIVIgroup LLC's sole and reasonable discretion, as follows:

Applicable rate: between ten percent (10%) and one hundred percent (100%) of the gross amount of each payout and/or of the available balance;
Hold period: between one (1) month and six (6) months from the date the reserve is established, renewable as needed.

E.5.3. Payment Terms and Triggering of Payment Requests

Earnings from each service become available for payment twenty-one (21) days after the date of sale. This period allows LiviTalk to definitively validate transactions and protect against potential client refunds or bank Chargebacks. For example, a service sold on the 1st of the month generates earnings that are released and made available for payment starting on the 22nd of the same month.

No payments are processed automatically. Payment is processed only after an explicit transfer request initiated by the LiviMaster themselves from their personal account, under the “My Payments” section.

Withdrawal requests are only possible when the available balance is at least 100.00 USD (one hundred U.S. dollars). Below this threshold, the message “Withdrawal not authorized” appears in the LiviMaster’s personal dashboard, and no request can be approved.

A validated transfer request is irrevocable: once validated by the LiviMaster, it is automatically forwarded to LiviTalk’s banking partner, and the LiviMaster can no longer cancel or modify it.

The time it takes for funds to arrive varies depending on the banks involved and the destination countries. A confirmation email is sent to the LiviMaster when the transfer is in transit.

E.5.4. Transfer Fees and Bank Information

A flat transfer fee of 30.00 USD (thirty U.S. dollars) is charged by LiviTalk’s payment partner for each bank transfer initiated. This fee is automatically deducted from the LiviMaster’s balance at the time the transfer is processed. LiviMasters are advised to avoid requesting transfers of small amounts in order to minimize the proportional impact of these fees.

The LiviMaster is solely responsible for the accuracy of the payment details (IBAN, SWIFT, beneficiary name, etc.) entered in their personal account under the “My Payment Details” section. They agree to verify these details before confirming any transfer request.

If a transfer is rejected due to incorrect, incomplete, or outdated bank details:

the return of funds to LiviTalk may take between eight (8) and fifteen (15) days, or even longer depending on the institutions and correspondent banks;
any interbank fees associated with the rejection are the responsibility of the LiviMaster and will be deducted from their balance or their next payment;
LiviTalk will not be able to initiate a new transfer until the funds have actually been returned to LiviTalk and the LiviMaster has corrected the account information.

E.5.5. Tax Reporting Obligations (IRS Forms)

As a company incorporated under U.S. law, LIVIgroup LLC is subject to the reporting and Withholding obligations imposed by the Internal Revenue Service (IRS). The LiviMaster acknowledges and agrees to provide LIVIgroup LLC, prior to receiving any earnings, with the applicable tax forms based on their tax residence:

Form W-9 (Request for Taxpayer Identification Number and Certification): for any LiviMaster who is a U.S. tax resident, including U.S. citizens and green card holders. Earnings paid are reported annually on Form 1099-K, if applicable.
Form W-8BEN (individuals) or W-8BEN-E (entities): for any LiviMaster who is a tax resident outside the United States, certifying their status as a non-U.S. resident and allowing them to avoid U.S. Withholding tax on cross-border payments, subject to applicable bilateral tax treaties.

If the aforementioned forms are not provided or are provided incompletely, LIVIgroup LLC may apply Backup Withholding at the current rate set by the IRS (currently 24%) on the LiviMaster’s earnings, or suspend payments until the matter is resolved.

Income Sourcing and Withholding Chapter 3. The LiviMaster’s income from Services performed via the Platform is deemed to be sourced at the place where the service is physically performed, in accordance with IRC § 861-4(a)(1) (income from personal services sourced at the place of performance). Consequently, payments made to a LiviMaster who is not a U.S. tax resident constitute foreign-source income not subject to Withholding under Sections 1441 and 1442 of the IRC. If a valid Form W-8BEN or W-8BEN-E is not provided, LIVIgroup LLC may be required to apply the Withholding taxes prescribed by applicable IRS regulations.

E.5.6. Countries Eligible for Payment by Bank Transfer

Payments due to LiviMasters and Ambassadors / Affiliates are made exclusively by bank transfer, to a bank account held in the beneficiary’s name in one of the countries listed below. The LiviMaster or the Ambassador acknowledges that providing payment details linked to a country that is not listed in the first table below prevents any transfer request from being processed, and that LiviTalk may not be held liable in this respect.

E.5.6.1. Countries Where LiviTalk Can Currently Process Bank Transfers

As of the date these Terms were last updated, LiviTalk is able to process bank transfers to the following 101 countries:

Albania	El Salvador	Luxembourg	Saint Lucia
Algeria	Estonia	Madagascar	San Marino
Antigua and Barbuda	Ethiopia	Malaysia	Senegal
Armenia	Finland	Malta	Serbia
Australia	France	Mauritius	Singapore
Austria	French Guiana	Mexico	Slovakia
Bahamas	Gambia	Moldova	Slovenia
Bahrain	Germany	Monaco	South Africa
Belgium	Greece	Mongolia	Spain
Benin	Guatemala	Morocco	Sri Lanka
Bhutan	Hong Kong	Mozambique	Sweden
Bosnia and Herzegovina	Hungary	Namibia	Switzerland
Botswana	Iceland	Netherlands	Taiwan
Brunei	India	New Zealand	Tanzania
Bulgaria	Indonesia	North Macedonia	Thailand
Canada	Ireland	Norway	Trinidad and Tobago
China	Israel	Oman	Tunisia
Costa Rica	Italy	Pakistan	Türkiye
Côte d’Ivoire	Jamaica	Panama	United Arab Emirates
Croatia	Japan	Peru	United Kingdom
Cyprus	Jordan	Philippines	United States
Czech Republic	Kenya	Poland	Uzbekistan
Denmark	Kuwait	Portugal	Vietnam
Dominican Republic	Latvia	Qatar
Ecuador	Liechtenstein	Romania
Egypt	Lithuania	Rwanda

E.5.6.2. Coming Soon

The following countries are not yet served by LiviTalk’s payment partner. They are expected to become available soon, although no date can be guaranteed. No transfer can be processed to these countries until they have effectively been opened:

Andorra	Cambodia	Laos	Uganda
Angola	Gabon	Niger	Uruguay
Argentina	Ghana	Nigeria
Bangladesh	Guyana	Paraguay
Brazil	Kazakhstan	Saudi Arabia

This list may change at any time, depending on the countries served by LiviTalk’s payment partner(s), the applicable regulations, and compliance requirements (KYC / AML / OFAC). Any update takes effect upon its publication on this page. LiviTalk invites LiviMasters and Ambassadors to verify the eligibility of their country before submitting any transfer request.

E.6. General Principles of Allocation

For a given Eligible Service (as defined in Section D.4.1):

LIVIgroup LLC collects the price determined by LiviMaster, either by debiting a flat fee denominated in USD (U.S. dollars) held by the User or Client, or by receiving payment from the User via credit card or any other payment methods to be made available on the LiviTalk Platform.
For the purposes hereof, the “Net Price of the Service” (hereinafter “NPS”) refers to the price of the Service actually paid by the User, including:

VAT for LiviMasters residing in Europe.

Any other taxes on revenue.

The PNP thus determined is divided between LiviTalk and the corresponding LiviMaster, representing, on the one hand, the Platform’s compensation in exchange for its contributions—particularly in marketing and technical areas— and, on the other hand, the compensation for the Service provided by the Provider.
For the purposes hereof, the share of the Service fee attributable to the LiviMaster who provided said Service is hereinafter referred to as “QPLM.”
The QPLM is determined using the following formula:

QPLM = (PNP) × Category Rate – Chargeback Fees – Telecommunications Fees – Credit Card Fees or other payment method fees.

Where:

“Category Rate” means the percentage applicable to the Service in question: for in-person services (Consultations), this is the percentage set forth in Section E hereof; for digital services (Premium Media, training, Subscriptions, and other digital offerings), this is the percentage set forth in Section D herein.
“Chargeback Protection Fees” refer to any “chargeback risk pooling” fees referred to in Section E of this Agreement.

In its capacity as a collection agent, LiviTalk collects funds on behalf of the LiviMaster. The LiviMaster remains solely responsible for the nature and legality of the content sold and for the payment of applicable taxes (VAT or local taxes) in its jurisdiction of residence.

E.7. General Billing Principles

For the purpose of collecting the QPLM due to them, each LiviMaster acknowledges that it is their full and sole liability to submit, in accordance with the schedule published by LiviTalk, a properly prepared invoice based on the summaries provided by LiviTalk. LiviTalk will also provide a pre-filled and complete template that the LiviMaster may use.

The LiviMaster, by accepting these terms, irrevocably acknowledges that they undertake to ensure the information contained in the invoices they issue to collect the QPLM to which they are entitled is completely accurate, comprehensive, and in compliance with the laws and regulations in effect in their country of residence at the time of issuance.

More specifically, by accepting these terms, the LiviMaster irrevocably undertakes to be able to demonstrate at any time to LiviTalk and/or the tax authorities of its country of residence whether or not any applicable taxes or duties have been applied to each of its invoices.

As of the date on which the Service is deemed to have been performed in accordance with the terms set forth above, the User is no longer entitled to a refund as of right. This date shall be deemed binding between the Parties for the purposes of these General Terms and Conditions.

E.7.1. Practical Billing Procedures

Effective as of the date these Terms take effect, upon their first login to the reserved area intended to determine their QPLM entitlement, LiviMasters will be required to choose between one of the following two distinct options (a or b):

Use their own technical and administrative resources to issue invoices corresponding to the billing requests made available by LiviTalk.
Use the Invoice Generation Tool provided by LiviTalk.

LiviMasters expressly acknowledge that the Invoice Generation Tool provided by LiviTalk does not in any way constitute the practical manifestation of any explicit or implied billing mandate, since LiviTalk is not the supplier or service provider to the end User/Client.

LiviMasters acknowledge that they bear sole and full liability for all legal notices appearing on their invoices, notwithstanding the fact that such invoices were issued in accordance with one or the other of the methods described in the first paragraph of this article.

It is specified that the LiviMaster may not challenge (in any way, whether by mail, court action, or otherwise) the general billing principles applied by LiviTalk prior to these general terms and conditions, and accept the new terms as those that have also governed contractual relationships in the past, subject to the amendment protocol set forth in Section C.12 (dedicated email + banner + 30-day notice + active acceptance).

E.8. Termination of the Collection Mandate “In the Name and on Behalf of the LiviMaster”

E.8.1. Scope of the Mandate. The mandate granted to LIVIgroup LLC pursuant to Sections A.4 and E.7 is a strictly limited payment collection mandate: LIVIgroup LLC acts as a payment collection agent and a limited-authority agent under Delaware law, with no general power of representation, no authority to contract on behalf of the LiviMaster beyond payment collection, and no relationship of subordination (see Section C.20).

E.8.2. Termination by the LiviMaster. The LiviMaster may terminate this mandate at any time by written notice sent to LiviTalk support ("Support – Contact Us" or email to support@livitalk.com) with a thirty (30)-day notice period. Termination of the mandate results, as of its effective date, in the closure of transactions in the process of being collected and the settlement of any QPLM still due, subject to the bank clearing delays (chargeback risk retention) provided for in Section D.4.2.

E.8.3. Termination by LIVIgroup LLC. LIVIgroup LLC may terminate the mandate for cause (fraud, material breach, OFAC sanctions, security breach of the Platform) with immediate effect upon written notice, or without cause upon thirty (30) days' prior written notice.

E.8.4. Survival After Termination. Termination of the mandate does not affect: (i) LIVIgroup LLC's accounting obligations for the prior period; (ii) the technical retention of amounts to cover chargeback risk (chargeback reserve) for a period of one hundred and eighty (180) days; (iii) confidentiality obligations and the retention of tax supporting documents.

E.8.5. No Liability of LiviTalk for the Substance of the Service. In any event, any claim related to the quality of the advice or Service is handled exclusively between the LiviMaster and the End User, LIVIgroup LLC being not the substantive service provider but a technical intermediary and a payment collection agent.

E.9. Withdrawal and Refunds

In accordance with regulations governing digital content, the User agrees that the Service will begin immediately upon placing the order. By checking the designated box during the purchase, the User expressly waives their right of Withdrawal. No refund is due once the service has been used, subject to any withdrawal rights still available to the User under Directive 2011/83/EU for EU consumers and equivalent applicable provisions. LiviTalk, however, reserves the right to grant refunds at its sole discretion as a goodwill gesture.

E.9.1. When the Service Is Considered Completed

The service is considered fully performed and definitively consumed:

for consultations by phone, Video conference, chat, or text message: upon the end of the call or exchange;
for consultations via email or in writing: as soon as the LiviMaster sends a response to the User;
for phone, email, or chat packages: as soon as all minutes or messages included in the package have been used up, or, at the latest, upon expiration of the package’s validity period;
for Video Training Courses & Multimedia Content: as soon as the content is made available in the User’s account;
for MasterClasses & Webinars: as soon as the live session ends or, if applicable, as soon as the recording is made available in the User’s Account;
for Professional Multimedia Deliverables or on-demand documents: upon delivery of the file to the User’s Account;
for Premium Content Subscriptions: on a pro-rata basis, at the end of each paid period.

E.10. Claims and Disputes

Any complaint regarding a transaction or the performance of a service must be submitted to LiviTalk’s customer support within 30 days of the date of service. After this period, no complaints will be considered.

E.11. Service Maintenance

LiviTalk reserves the right, in the event of a technical issue that requires it and cannot be resolved otherwise, to partially or completely suspend the Service in order to perform appropriate maintenance on its network and/or its hardware and software components.

LiviTalk’s technical support will notify the LiviMaster as soon as possible via email or through a general announcement on the website of any interruption or significant disruption affecting the Service.

LiviTalk will provide updates to the LiviMaster as soon as possible until the interruption or disruption in question is resolved, noting that this is only an commercially reasonable efforts obligation (best efforts standard, with no guarantee of result), and LiviTalk cannot guarantee a specific timeframe for the resumption of the Service.

LiviTalk shall not be held liable under any circumstances, regardless of the nature or duration of the Service interruption.

As part of its role in connecting the User with the LiviMaster, LiviTalk acts as a technical intermediary in the information society and electronic services sector, providing LiviMasters with software that enables access to the LiviTalk Platform through software that communicates via service and telecommunications equipment incorporating internet communication.

LiviTalk has no liability for the quality of the LiviMaster’s telephone line or Internet connection, which is provided by the telephone carrier or Internet service provider with whom the LiviMaster has a subscription.

The software provided by LiviTalk is made available via the public Internet and in accordance with the IP protocol; LiviTalk does not grant the LiviMaster any right to use the software, which is provided solely on an individual, non-exclusive, and non-transferable basis, and the right to use the software begins only when the LiviMaster has logged into the website’s interface.

F. TERMS AND CONDITIONS RELATED TO UGC CREATORS

UGC Creators may submit their advertising creations to the LiviTalk Platform for LIVIgroup LLC or LiviMasters via the page titled "UGC Creators."

F.1. Ownership of Rights. By submitting a video, the UGC Creator warrants that they hold all intellectual property rights and, where applicable, the publicity rights of any individuals appearing in the content (17 U.S.C. § 106; Lanham Act, 15 U.S.C. §§ 1051 et seq.).

F.2. No Use Without a Written Agreement. LIVIgroup LLC or the acquiring LiviMaster may not use, reproduce, modify, or distribute the video absent the prior conclusion of a written and signed commercial agreement with the UGC Creator setting forth the price, scope, and term of the license granted.

F.3. Deletion After Ninety (90) Days if No Agreement. If no written commercial agreement is concluded between the UGC Creator and LIVIgroup LLC (or a LiviMaster) within ninety (90) days from the date of receipt of the content, LIVIgroup LLC shall permanently delete the content from its systems and shall not use it in any manner. No implied license is granted to LiviTalk by virtue of the mere submission.

F.4. Acquisition Procedure. When a video is offered to a LiviMaster, it is transmitted for view-only access (no download). The proposed price is displayed; the LiviMaster may accept, decline, or propose a lower price to be submitted to the UGC Creator.

F.5. Payment. Upon agreement, LiviTalk deducts the amount from the acquiring LiviMaster's account (or debits its own account if the buyer is LiviTalk) and pays the UGC Creator through a LiviMaster account created for that purpose.

F.6. Commission. LiviTalk's commission averages 22%, in accordance with the terms applicable to LiviMasters.

F.7. Scope of Rights upon Acquisition. Upon confirmed acquisition by written agreement, the UGC Creator grants LIVIgroup LLC (or the acquiring LiviMaster) a non-exclusive, worldwide, transferable and sublicensable license, for the statutory term of copyright, for the purpose of advertising exploitation of the content. Any assignment of economic rights beyond such license must be the subject of a separate written agreement specifying the price and scope of the assignment (17 U.S.C. § 204(a)).

F.8. Early Withdrawal. The UGC Creator may, at any time and without justification as long as no commercial agreement has been concluded, request the immediate withdrawal of their content by emailing support@livitalk.com. Deletion occurs within fifteen (15) business days.

G. GENERAL TERMS OF USE FOR REFERRAL AND AFFILIATE PROGRAMS

LIVIgroup LLC is the company that operates the livitalk.com website/platform, with its headquarters located at 131 Continental Dr, Suite 305, Newark, Delaware, USA, and registered with the Department of Corporations.

It provides communication and networking services, as well as content sharing between LiviMasters and Users through its website available at the following address: https://livitalk.com

Users can thus connect with, contact, view, watch, or purchase Content published by LiviMasters, while LiviMasters can publish Content, be available via communication channels, and offer this Content through their Accounts—either publicly or with restricted access—as part of their use of the Services.

The Website and the Ambassador Affiliate Portal also allow Ambassadors to refer LiviMasters as well as other Ambassadors.

A portion of the revenue generated from the use of the Services by LiviMasters and Ambassadors is then paid to the sponsor or the Ambassador.

A dedicated portal is available to Ambassadors at the following address: /affiliation

The purpose of these terms is to define the conditions of use of the Website’s Services and the Ambassador Affiliate Portal by Ambassadors.

A dedicated portal is available to LiviMasters and Users at the following address, which is subject to the general terms of use available at: https://livitalk.com/agent-account/terms-and-conditions

Prior to registration, the Ambassador must verify that the Services offered by LiviTalk are suitable for them by:

reading these Terms and Conditions in their entirety;
Consultation of the information available on the Website.

Furthermore, the Ambassador expressly acknowledges having received complete pre-contractual information from LiviTalk, in particular through the prior provision of the Terms and Conditions.

G.1. Terms of Access to the Website

G.1.1. Purpose of the Website and the Ambassador Affiliate Portal

The purpose of the Website is to offer services to Users and LiviMasters, as well as to enable them to connect with one another, share, and access Content. The contractual terms are available at the following addresses:

The General Terms and Conditions of Use and Services, which apply equally to Users, Clients, LiviMasters, and Ambassadors, are available at the following address: https://livitalk.com/terms-and-conditions

The purpose of the Portal or the Ambassadors page is to offer Services to Ambassadors, provide access to their Accounts, and allow them to manage their unique referral links as well as the Payout of their earnings generated under these terms.

G.1.2. Access to the Website

Access to the Website, as well as to the Portal or the Ambassadors page, is strictly reserved for adults.

Access is strictly prohibited to minors, as defined by the laws applicable to the Ambassador, or, in any event, to individuals under the age of 18.

LiviTalk encourages parents to monitor their children’s use of any internet access and recommends implementing parental controls, content filters, and other protective software.

LiviTalk strives to provide, but does not guarantee, access to the Website, the Portal, or the Ambassador page 24 hours a day, 7 days a week, except in cases of force majeure or events beyond its control, and subject to any maintenance required for the proper functioning of the Website and/or work carried out to improve and/or modify the Website.

When technically feasible, LiviTalk will notify the Ambassador of any foreseeable interruption twenty-four hours in advance.

Under no circumstances shall LiviTalk be held liable for interruptions in access to the Website or the Ambassador Affiliate Portal and their consequences, regardless of their extent, except in cases of gross negligence or willful misconduct on the part of LiviTalk that directly caused said interruption in access.

G.1.3. Security and Viruses

It is the responsibility of each Ambassador—and more generally, of anyone visiting the Website or the Ambassador Affiliate Portal—to take all appropriate measures to protect themselves against the contamination of their data, software, or hardware by viruses that may circulate through the Website or the Ambassador Portal/page, or the information published there, and to manage their data backups.

The Ambassador expressly agrees and acknowledges that use of the Website and the Ambassador Affiliate Portal is carried out solely under his or her own supervision, and that they are fully liable for any damage caused to their computer system or any device used to access the internet, as well as for any data loss that may result from downloading from or using the Website or the Ambassador Affiliate Portal.

G.1.4. Use of the Ambassador Affiliate Portal

The Ambassador agrees to use the Ambassador Affiliate Portal in compliance with all the provisions herein.

The Ambassador expressly agrees that the use of the Ambassadors Portal/page, as well as the information and tools included or accessible therein, is at the Ambassador’s own liability and is conducted entirely independently.

The Ambassador shall refrain from downloading any content, performing any operations, or engaging in any conduct of any kind on the Website or the Ambassador Affiliate Portal that could, in any way, interfere with their proper functioning or the normal conduct of the operations set forth herein.

In any event, the Ambassador is solely liable for any damages of any kind that may result from their actions on the Website or the Ambassador Affiliate Portal.

The Ambassador shall refrain from any conduct that could harm the reputation of the livitalk.com Website or the reputation of its officers, employees, partners, and in particular the LiviMasters, especially through the Website, LiviTalk’s social media channels, or the Ambassador’s own social media channels.

G.2. Access to the Services

In connection with the use of the Services, the Ambassador guarantees to provide LiviTalk exclusively with truthful and up-to-date information and, more generally, to act loyally and in good faith.

This commitment is a key condition for LiviTalk, which the Ambassador understands and accepts.

In the event of a breach of this general obligation of loyalty and good faith—and in particular in the event of the provision of incomplete, false, or outdated information— the Ambassador understands and agrees that LiviTalk may retroactively terminate this agreement between the Parties, at the Ambassador’s sole expense, with the effective date set as the day the Ambassador accepted the Terms and Conditions.

Furthermore, providing a false address or a fictitious tax residence—particularly for the purpose of evading the applicable VAT rates for Ambassadors based in Europe—constitutes the crime of VAT fraud.

Pursuant to the aforementioned provisions, any attempt detected by LiviTalk on the part of an Ambassador to use a forgery of any kind, or any attempt to evade legal obligations, will result in the closure of the Ambassador’s Account, their permanent ban, and the retroactive termination of the contract between the Parties, solely attributable to the Ambassador, effective as of the date the Ambassador accepted the Terms and Conditions, in addition to any legal proceedings to seek compensation for the damages suffered by LiviTalk.

G.2.1. Account Creation Procedure

To be able to use all of the Services, any person wishing to become an Ambassador must create an Account.

Account creation is reserved for individuals, who may act in their personal capacity or as professionals.

Account creation is free and is done via the form available at the following address: https://livitalk.com/affiliate, accessible from the home page of the Ambassador Affiliate Portal.

Any individual wishing to obtain Ambassador status may then create a free Account or LiviMaster with LiviTalk.

Creating an Account does not constitute validation of the Account by LiviTalk, nor does it imply validation or verification of eligibility criteria for Ambassador status.

When creating the Account, the individual wishing to create an Account must select the “Personal Account” option if they are acting on their own behalf and do not yet have all the necessary authorizations to engage in paid “Ambassador” activities, or “Business Account” if they have already obtained the necessary authorizations to carry out Ambassador activities.

The individual registering warrants that all information provided during registration is accurate.

Each Account is registered to a specific individual.

In the event of providing false information regarding their identity, the Ambassador understands and agrees that LiviTalk may terminate this agreement between the Parties, with sole liability resting with the Ambassador, effective as of the date the Ambassador accepted the Terms and Conditions.

G.2.1.1. Account Creation

A personal Account is created through the Client portal or LiviMaster.

The person wishing to register is then asked to provide their first and last names, email address, home address, and phone numbers.

G.2.1.2. Specifying the Account Type

To finalize the creation of the Account, upon first login, the User must specify whether the Account is for business or personal use in the “Account Certification” section.

To do so, the User is asked to select the desired Account type.

If the Account is designated as “personal,” the User must provide their last name, first name, phone number, date of birth, and residential address.

If the Account is designated as “business,” the User will be asked to provide the identification information for the company or business they represent.

This information includes the company’s place of business, its legal name, its corporate registration number and country of incorporation, and the first and last name and phone number of its managing director.

Once this information has been provided, the Account is considered created.

Creating the Account constitutes only a pre-registration.

It does not confer Ambassador status, nor does it allow the Ambassador to earn commissions until all required information has been provided.

Only upon completion of all registration formalities does the right to Ambassador status and the right to receive earnings take effect.

G.2.2. Registration

After creating the Account, the Ambassador will be asked to provide proof of meeting the registration requirements for Ambassador status via the “Account Certification” page.

Only individuals who meet all the criteria will be eligible for Ambassador status.

Meeting these requirements is an essential condition for LiviTalk to enter into the Agreement, which the Ambassador understands and accepts.

The Ambassador must provide proof of residence or establishment in a country considered “adequate” or “partially adequate” for the protection of personal data.

The Ambassador must hold all necessary administrative or legal authorizations to conduct business within their territory of operation.

The Ambassador must provide proof of identity in the form of a copy of a valid government-issued ID, the submission of a verification “selfie,” and/or a company registration document issued within the last 3 months for Business Accounts, or its local equivalent for foreign companies, as well as SMS verification of the provided phone number.

The Ambassador hereby declares on his or her honor that he or she has never been convicted of the following offenses, or any similar offense or offense classified differently depending on his or her place of residence:

Prostitution;
Pimping;
Forced labor;
Crimes against human dignity, including enslavement or servitude and the exploitation of enslaved persons, and human trafficking;

LiviTalk reserves the right to request any supporting documentation necessary to verify that the criteria for registration as an Ambassador have been met.

In the event that incorrect or misleading information is provided to LiviTalk, the Ambassador understands and agrees that LiviTalk may retroactively terminate this agreement between the Parties, at the Ambassador’s sole fault, effective as of the date the Ambassador accepted the Terms and Conditions.

Once verification of the fulfillment of the specified criteria has been completed, registration shall be deemed final, and the Ambassador shall be entitled to the earnings obtained through referrals.

The Ambassador agrees that, in the event of a change in their circumstances affecting any of the criteria for registration as an Ambassador, they will notify LiviTalk without delay and in writing, within a maximum of eight (8) calendar days, or by updating the information in their customer account or LiviMaster.

If any of these criteria are no longer met, LiviTalk shall be entitled to terminate its contractual relationship with the Ambassador, and the Ambassador shall not be entitled to claim any compensation in this regard.

G.2.3. Customization of the Ambassador’s Account

The Ambassador may modify the information available in their Account if they wish.

The Ambassador’s Account is strictly personal, and the Ambassador guarantees to LiviTalk that they will keep their password confidential and will not disclose it to any third party under any circumstances.

Since this Agreement is entered into exclusively based on the fulfillment of personal criteria, any login to or use of the Ambassador’s Account by a third party at the Ambassador’s behest may result in the suspension or deletion of the Account by LiviTalk, at the Ambassador’s sole risk, without any refund for outstanding amounts being payable, nor any compensation being claimable by the Ambassador.

In the event that the Ambassador loses or forgets their password, they must reset it immediately by using the “Forgot Password” button and then entering the email address previously provided and linked to their Account.

The Ambassador is solely responsible for the consequences of using his Account and acknowledges that any login or data transmission made using his Account shall be deemed to have been made by him.

G.2.4. Enhanced Identity Verification (KYC / KYB) for LiviMasters

Any registration as a LiviMaster is subject to the completion of an enhanced identity and compliance verification process, known as Know Your Customer (KYC) for individuals and Know Your Business (KYB) for legal entities. The process is administered by LIVIgroup LLC and its compliance partners (including Stripe and Stripe Identity).

The LiviMaster agrees to provide, upon first request and without delay: (i) a valid official form of identification (passport, national ID card, or driver’s license); (ii) a recent proof of address dated within the last three (3) months; (iii) if applicable, a business registration certificate and the LiviMaster’s local tax identification number; (iv) their complete bank account information (IBAN, BIC/SWIFT, or equivalent) in the LiviMaster’s name; (v) a verification selfie in the event of a fraud check.

The release and actual payment of LiviMaster earnings are strictly contingent upon full validation of the KYC/KYB procedure by LIVIgroup LLC and its partners. LIVIgroup LLC reserves the right to suspend, freeze, or refuse any payment in the event of incomplete, expired, or revoked KYC/KYB verification, without such suspension constituting a breach of contract.

G.3. Financial Terms, Billing, and Account Management

G.3.1. Voluntary Deletion of the Ambassador’s Account

At any time, the Ambassador may submit a request to LiviTalk to have their Account or LiviMaster deleted.

This request must be submitted to customer support by clicking here: https://livitalk.com/contact, indicating “DELETION” in the subject line of the request, and must be sent from the Account.

If a request is submitted in accordance with the procedures set forth in this section, LiviTalk agrees to delete the Account and all related information within thirty days of receiving the email.

Any request to delete the Account is final.

G.3.2. Deletion of the Ambassador’s Account Due to Inactivity

If no funds are transferred from the Ambassador’s Account or if there is no referral activity for a period exceeding 1 year, LiviTalk will reset the earnings in the Ambassador’s Account to zero.

G.3.3. Exclusivity of the Relationship and Anti-Circumvention

The LiviMaster acknowledges that the Users on the Platform have been acquired, verified, and connected through LiviTalk’s marketing investments and technical tools. In exchange for this business referral service and the provision of the software infrastructure, the LiviMaster agrees to process all transactions with a User met through LiviTalk exclusively via the Platform’s payment system.

Although the LiviMaster is the legal provider of the service, they are strictly prohibited from soliciting or accepting payment via any direct payment method (PayPal, bank transfer, cash, etc.) for any transaction initiated on the site. Any attempt to share personal contact information (direct phone number, payment email address) with the intent to circumvent LiviTalk’s Commission constitutes a serious breach of the Terms of Service and commercial fraud. Such a breach will result in the immediate closure of the account and the permanent withholding of the entire available balance as a lump-sum and reasonable liquidated damages for the damages suffered by LiviTalk.

G.3.4. Automatic Billing Authorization (Self-Billing) and Identity Protection

G.3.4.1. Mandate and Irrevocable Authorization The Agent irrevocably authorizes LIVIgroup LLC to act as the authorized issuer of its invoices. As such, LIVIgroup LLC is authorized to generate, number, date, and issue, in the name and on behalf of the Agent, “Self-Billed Invoices” relating to services, commissions, and fees received through the Platform. This mandate includes formatting the invoices according to LIVIgroup LLC’s internal system and including the required legal notices.

G.3.4.2. Billing Identity and Protection Against Harassment (Use of a Pseudonym)

Use of a Pseudonym: The Agent is authorized to use a pseudonym or stage name for their public profile. When issuing invoices sent to Clients, the Agent may choose to display their pseudonym or trade name, which must be accompanied by their legal entity type (e.g., SAS, sole proprietor) and their legal registration number (SIRET, Business Registration Number, or equivalent).

Confidentiality of Civil Identity: To prevent any risk of harassment, “doxing,” or invasion of privacy of public figures, LiviTalk undertakes not to disclose the Agent’s real first and last name on invoices accessible to Clients, unless expressly requested by the Agent.

Legal Disclosure: The Agent’s full civil identity is securely stored for KYC/AML purposes and will only be disclosed to tax or judicial authorities upon a duly justified legal request.

G.3.4.3. Evidentiary Value and Obligations of the Agent Each self-issued invoice constitutes prima facie evidence that the service was performed. The Agent agrees to:

Not issue their own invoices for the same transactions (any parallel invoice shall be null and void).
Guarantee the accuracy of the tax information provided (residence, VAT number).
Cooperate fully by providing any supporting documentation (certificate of residence, etc.) required by LIVIgroup LLC to meet compliance obligations.

G.3.4.4. Tax Liability and Absence of Advice LIVIgroup LLC acts solely as a technical agent and collection agent. The Agent remains solely liable for filing its tax returns, paying its taxes (VAT, GST, income tax), and maintaining its accounting records in accordance with the laws of its country. LIVIgroup LLC assumes no obligation to calculate or perform payouts of taxes owed by the Agent and provides no tax advice.

G.3.4.5. Archiving, Termination, and Indemnification

Archiving: Invoices are provided in electronic format and archived by LIVIgroup LLC for the legally required period. The Agent must also retain its own copies to fulfill its accounting obligations.
Revocation: This authorization may be revoked in writing by emailing [support@livitalk.com]. Revocation is effective only going forward and may result in a temporary suspension of payments while a new billing method is set up.
Indemnification: The Agent shall indemnify LIVIgroup LLC against any costs, fines, or damages resulting from inaccurate information or the Agent’s failure to fulfill its tax obligations.

G.3.5. Payment Terms and Third-Party Payment Provider

1. To ensure the security and compliance of international money transfers, LiviTalk uses the services of a partner specializing in global payment solutions. Both LiviMasters and Ambassadors agree to have their payments processed by this technical intermediary and undertake to comply with the verification procedures (KYC) required by the latter.

2. The fee schedule applicable to transfers (transfer fees and rejection fees for incorrect bank account information) is described in Section E.5.4 of these Terms and Conditions and applies equally to both LiviMasters and Ambassadors.

G.3.6. Compliance, Anti-Money Laundering, and International Sanctions

1. Identity Verification (KYC): The LiviMaster agrees to undergo all identity and address verification procedures (Know Your Customer) required by LiviTalk or its payment partners. Payment of amounts due is contingent upon the validation of these documents.

2. International Sanctions: LiviTalk and its payment service providers are required to comply with international sanctions regimes (including those of Delaware, USA, the UN, and OFAC). Consequently, LiviTalk will not make any payments to a LiviMaster:

Residing in a country or territory under embargo or subject to international financial sanctions;
Who appears on a list of sanctioned individuals (politically exposed persons or anti-terrorism lists).

3. Freezing of Funds: The Agent acknowledges that LiviTalk is not liable for any delays or freezes of funds imposed by payment service providers or correspondent banks for reasons of regulatory compliance. If a transaction is blocked for these reasons, no late fees or compensation may be claimed from LiviTalk.

4. Source of Income: The LiviMaster guarantees that the services it offers on the Platform are not used to conceal illegal activities and that the income generated does not stem from money laundering practices.

G.3.7. Tax Provisions Specific to U.S. Residents (U.S. Persons)

1. Collection of Tax Information: In accordance with U.S. tax laws, any LiviMaster considered a “U.S. Person” (a U.S. resident, U.S. citizen, or U.S. entity) is required to provide a valid tax identification number (TIN, SSN, or EIN) via the required form (typically Form W-9) on our payment partner’s interface.

2. Backup Withholding: The LiviMaster is expressly informed that if they do not provide a valid TIN or fail to certify their tax status, LiviTalk, through its payment service provider, will be legally required to withhold Backup Withholding on all gross payments at the current rate set by the Internal Revenue Service (IRS), which is currently 24%.

3. Payout and Liability: These amounts are withheld at source and remitted directly to the U.S. tax authorities. Under no circumstances will LiviTalk be required to reimburse these amounts to the LiviMaster. It is the LiviMaster’s responsibility to resolve their tax status with the IRS to obtain, if applicable, a tax credit or refund from the U.S. authorities.

4. Compliance Fees: Any failure to provide this information that results in additional processing fees or penalties imposed by the tax authorities will be fully billed to the LiviMaster or deducted from their balance.

G.3.8. Affiliate, Referral, and Ambassador Programs

1. Eligibility and Nature of the Relationship
LiviTalk offers a program allowing LiviMasters or third parties (hereinafter the “Ambassador”) to earn Commissions on the revenue generated by new Clients or LiviMasters they refer. The Ambassador acts as an independent partner and not as a sales agent or employee of LiviTalk.

2. Security Audit and Payment Hold Period To prevent fraud, account for potential client refunds, bank disputes (Chargebacks), and to ensure reliable payments, all affiliate commissions are subject to a mandatory audit period of forty-five (45) days from the date of the corresponding sale. At the end of this 45-day period, and provided that the Ambassador’s account is in good standing, that the transaction has not been refunded or rejected by the bank, and that the minimum payment threshold of 100.00 USD (one hundred U.S. dollars) has been met, the corresponding Commission is added to the Ambassador’s available payment balance.

3. Zero Tolerance for Fraud and Self-Referral
LiviTalk enforces a zero-tolerance policy regarding fraud. The following are considered serious cases of fraud resulting in the immediate cancellation of commissions and account closure:

Self-referral: Creating multiple accounts (Client or LiviMaster) to earn commissions on one’s own transactions or personal purchases.
Network and hardware identity: Detection of a shared IP address, the same hardware identifier (Device ID), or an identical digital fingerprint (fingerprinting) between the Referrer and the Referral.
Household and payment identity: The use of the same residential address, the same phone number, or the same payment method (identical name on the credit card, same PayPal account, or same bank account) between the Referrer and the Referral.
Deceptive Practices: “Cookie stuffing,” “typosquatting,” the use of bots, spamming, or the use of paid advertisements (such as Google Ads) targeting the keywords “LiviTalk” or similar terms.

4. Right of Recovery (Chargebacks)
If a transaction that generated an affiliate commission is refunded, canceled, or rejected by the bank on the part of the Client, LiviTalk reserves the right to deduct the corresponding commission amount from the Ambassador’s balance. If the balance is insufficient, the amount will be deducted from future Commissions or must be reimbursed by the Ambassador upon first request.

5. Penalties and Loss of Rights
In the event of a suspected or confirmed violation of the affiliate rules:

LiviTalk may suspend payments for an indefinite period for the purposes of investigation.
If fraud is confirmed, the Ambassador permanently forfeits all accumulated commissions (not just the fraudulent commission) as reasonable liquidated damages for processing costs, operational losses, and administrative fees.
The Ambassador’s account will be permanently banned without notice.

G.4. Referral Program

No guarantee of earnings. Ambassadors’ income depends exclusively on the revenue generated by their recruits from end users. LIVIgroup LLC does not guarantee any income and does not require any membership, purchase, registration fee, or investment. Any promotion by an Ambassador must disclose their status as an Ambassador (FTC Endorsement Guides, 16 CFR §255).

G.4.1. Sharing the Referral Link

Upon registration, the Ambassador will be able to generate a referral link for each type of affiliate service.

Any person who registers as a LiviMaster through the Ambassador’s referral link will be considered a referred LiviMaster.

The Ambassador will receive a portion of the funds collected by LiviTalk, based on the sponsored LiviMaster’s compensation or earnings, related to communication methods and each sale of a Service, service, or Media by the referred LiviMaster on the Website, as defined in the LiviMasters Terms and Conditions.

Any person who registers as an Ambassador through the Ambassador’s referral link will be considered a referred Ambassador.

The Ambassador will receive a portion of the amounts collected by LiviTalk for each communication service or sale of Media entitling the sponsored Ambassador to compensation.

Only the registration of Users, sponsored LiviMasters, or sponsored Ambassadors via the referral link provided by LiviTalk entitles the Ambassador to receive payments from LiviTalk.

Only Users, LiviMasters, and Ambassadors who have never previously registered on the Website, in any capacity whatsoever, may obtain the status of User, sponsored LiviMaster, or sponsored Ambassador.

The Ambassador may share their referral link by any means they deem necessary, in accordance with the provisions of these Terms and Conditions and applicable regulations.

No minimum requirement for sharing the referral link is imposed on the Ambassador, nor is there any obligation to convert these shares into registrations, subject to the possibility that LiviTalk may delete the Account due to inactivity in accordance with legal provisions regarding the protection of personal data.

G.4.2. Exclusions

The Ambassador agrees to share their referral link only with third parties with whom they have no family ties, marital ties, subordinate relationship, collaborative relationship, or common interests.

Any individual who has a family relationship, marital relationship, subordinate relationship, collaborative relationship, or shared interest with the Ambassador may not qualify as a sponsored LiviMaster or a sponsored Ambassador.

In the event that the Ambassador engages in any actions intended to confer the status of a sponsored LiviMaster or a sponsored Ambassador upon a third party covered by this section, the Ambassador agrees that LiviTalk may retroactively terminate this agreement between the Parties, with liability resting solely with the Ambassador, effective as of the date the Ambassador accepted the Terms and Conditions.

G.5. Independence of Users, Sponsored Ambassadors, and Sponsored LiviMasters

The Ambassador warrants, understands, and agrees that he or she shall not exercise, nor may exercise, any authority over Users, sponsored LiviMasters, or sponsored Ambassadors, particularly with regard to their activity on the Website.

In particular, the Ambassador agrees not to exert any form of pressure, coercion, or influence of any kind on LiviMasters for the purpose of increasing their activity or earnings on the Website.

The Ambassador also agrees not to perform any activities on behalf of LiviMasters related to their activity on the Website, including, but not limited to, promotional activities or managing a LiviMaster’s Account.

The Ambassador understands and agrees that no relationship of subordination is created by the registration of the User or the referred LiviMaster on the Website via the Ambassador’s referral link, and that the independence of the referred LiviMasters constitutes an essential condition of these Terms and Conditions for LiviTalk.

Any maneuver, action, or effort aimed at violating the independence of referred LiviMasters or referred Ambassadors may thus result in the retroactive termination of this agreement between the Parties at LiviTalk’s initiative, solely at the Ambassador’s fault, with the effective date set as the day the Ambassador accepted the General Terms and Conditions.

The User or Ambassador also agrees not to sponsor themselves, or to sponsor a User, LiviMaster, or Ambassador already registered on the Platform through re-registration.

The Ambassador also agrees never to log in to the Website using the Account of a sponsored User, LiviMaster, or Ambassador.

Notwithstanding the foregoing, in the event that the Ambassador acts as a LiviMaster, the Ambassador shall retain the right to log in to their personal LiviMaster account and to carry out their activities as a LiviMaster in a personal capacity on the Website.

G.6. Independence of the Parties

These Terms and Conditions do not create any commercially reasonable efforts obligation (best efforts standard, with no guarantee of result) on the part of the Ambassador, except as required by the contractual provisions.

The Ambassador may freely determine the terms for sharing their referral link, subject to compliance with the provisions herein and applicable laws and regulations.

These Terms do not in any way constitute a mandate allowing the Ambassador to represent or act on behalf of LiviTalk or the livitalk.com website/Platform.

The Ambassador agrees not to present themselves to third parties as an employee, representative, officer, or in any capacity other than that of an Ambassador.

In the event of questions regarding the operation of the Website from potential sponsored LiviMasters or sponsored Ambassadors, the Ambassador agrees to direct all such questions to the official information provided by LiviTalk, or to invite potential Users, sponsored LiviMasters, or sponsored Ambassadors to contact LiviTalk directly.

The Ambassador’s role shall, in any event, be strictly limited to generating business for LiviTalk, which will enter into contracts directly with the referred LiviMasters or the Ambassador, without the Ambassador’s involvement.

The Ambassador shall, in any event, be considered a third party to all contractual relationships between LiviTalk and Users, sponsored LiviMasters, or sponsored Ambassadors.

G.7. Receipt of Earnings

The Ambassador is entitled to receive earnings from all services offered on the profiles of Sponsored LiviMasters, Consultations via communication channels, services, or media provided by Sponsored LiviMasters, and earnings received by Sponsored Ambassadors.

Payouts made by LiviTalk to the Ambassador do not affect the compensation of Sponsored LiviMasters or Sponsored Ambassadors, as this payment is deducted from the Commission received by LiviTalk, except for the “Promoter Affiliate” program, through which the LiviMaster chooses to allocate a percentage of their earnings to an Ambassador, derived solely from sales of Services by referred Users.

G.7.1. Prices of Services Offered by LiviMasters

The rates charged by LiviMasters for communication methods, services, Subscriptions, or the sale of media shall be freely set by them.

The Ambassador shall refrain from any communication, pressure, or maneuver intended to influence the LiviMasters’ setting of sales prices for communication channels, Services, Subscriptions, or media, or the frequency with which the LiviMaster shares Content.

G.7.2. Applicable Payout Rate

LiviTalk agrees to make a payout to the Ambassador equal to a percentage (indicated in the table below) of the validated revenue generated by Referred LiviMasters for all services offered under the “LiviMaster Affiliate” program, as defined in the General Terms and Conditions applicable to LiviMasters.

LiviTalk agrees to make a payout to the Ambassador equal to a percentage (indicated in the table below) of the validated revenue generated by Referred LiviMasters for all services offered under the programme “Promoter Affiliate” program, as defined in the General Terms and Conditions applicable to LiviMasters.

“Video Training & Multimedia Content Affiliate Program” ” LiviTalk agrees to make a payout to the Ambassador of a percentage (as indicated in the table below) determined by the LiviMasters on each sale generated by a User referred by the Ambassador for “Video Training & Multimedia Content” by all clients purchasing this service from the LiviMaster offering this deal, as defined in the General Terms and Conditions applicable to LiviMasters.

“MasterClass & Webinar Affiliate Program” LiviTalk agrees to make a payout to the Ambassador based on a percentage determined by the LiviMasters on each sale generated by a User referred by the Ambassador for the “MasterClass & Webinars” by all Clients who purchase this Service from the LiviMaster offering this promotion, as defined in the General Terms and Conditions applicable to LiviMasters.

Title	Affiliate Commission	Commission Duration
Ambassador Affiliate Program — Level 1 (Referred LiviMaster)	5% of a new LiviMaster’s revenue (This Commission is taken from the LiviTalk compensation)	1 YEAR
Ambassador Affiliate — Level 2 (recruits of recruits, LiviMasters sponsored by your sponsored LiviMaster)	2.5% of the earnings of the LiviMasters recruited by your recruits, and thus derived from the Sponsored LiviMaster (This Commission is taken from LiviTalk compensation)	1 YEAR
Video Training & Multimedia Content Affiliate Program	A percentage ranging from 5% to 50% of the sale price determined by the LiviMaster on the following page: https://livitalk.com/affiliation_formation This commission is deducted from the LiviMaster’s compensation (not from the LiviTalk commission).	30, 60, or 90 days; the timeframe varies depending on the offer proposed by the LiviMaster
MasterClass & Webinar Affiliate Program	A percentage ranging from 5% to 50% of the sale price, as determined by the LiviMaster on the following page: https://livitalk.com/affiliation_masterclass This commission is deducted from the LiviMaster’s earnings (not from the LiviTalk commission).	30, 60, or 90 days; the timeframe varies depending on the offer proposed by the LiviMaster
Promoter Affiliate	5%, 10%, 15%, 20%, 25%, or 30% of the revenue generated and determined by the LiviMaster, as shown on the following page: https://livitalk.com/affiliate-Promoter-LiviMaster This commission is deducted from the LiviMaster’s earnings (not from the LiviTalk commission).	30, 60, or 90 days, with the timeframe varying depending on the offer proposed by the LiviMaster

G.7.3. Payment of Earnings

The total amount owed by LiviTalk to the Ambassador is displayed on the “My Affiliate Earnings” page, accessible from the home page by clicking the “REVENUE” icon.

This page shows validated earnings—that is, earnings that LiviTalk can pay out immediately to the Ambassador—which result from the validated earnings of Referred LiviMasters and Referred Ambassadors.

It also shows pending earnings, that is, the Ambassador’s earnings related to earnings defined as “pending” for the Referred LiviMaster in accordance with the Terms and Conditions applicable to LiviMasters, or the “pending” earnings of the Referred Ambassador.

These earnings will become validated upon validation of the pending earnings of the Referred LiviMaster or the Referred Ambassador.

G.7.4. Fraud

In the event of a financial transaction flagged as potentially fraudulent by payment processors or financial institutions, or in the event of suspicious activity on any User’s account, LiviTalk may designate the User’s Account as a “Monitored Account.”

Notwithstanding the provisions of this Article, LiviTalk reserves the right to withhold amounts paid through a Monitored Account for a maximum period not exceeding 6 months from the date of payment, or until the legitimacy of the payments is established.

The amounts thus withheld will remain as “pending earnings” for the LiviMasters and, consequently, for the Ambassador, until the expiration of the period or until their legitimacy is established.

In the event that more than one-third of the Users who have subscribed to the Ambassador’s Referred LiviMasters are classified as Monitored Accounts, LiviTalk may suspend the Ambassador’s affiliate Account and may treat all amounts paid to the Ambassador’s Referred LiviMasters as amounts paid by Monitored Users.

G.7.5. Independence and No Guarantee of Results

LiviTalk provides only the technological infrastructure. LiviMasters are independent service providers and are neither employees nor agents of LiviTalk. Consequently, LiviTalk does not guarantee the truthfulness, accuracy, or fulfillment of the predictions or advice provided (particularly in the areas of influence, expertise, or psychic readings). The User is solely responsible for the interpretation and use of these exchanges.

G.7.6. Tax Provisions

The Ambassador is responsible for completing all tax, administrative, and regulatory procedures necessary to carry out their activities as an Ambassador in their country of residence.

If the Ambassador has selected a PROFESSIONAL account, LiviTalk will report the amounts paid for the Services, indicating the applicable VAT rate in Europe if the Ambassador/Affiliate is located in Europe; and it is the Ambassador’s responsibility to complete all necessary tax procedures for declaring and paying VAT if they are based in Europe.

The Ambassador shall indemnify and hold LiviTalk harmless from any damages arising therefrom.

LiviTalk will send the Ambassador a monthly summary detailing the sources of their earnings.

An annual summary is also sent at the end of each calendar year.

G.7.7. Payment Terms for Earnings

The Ambassador receives a payout for approved earnings at the following frequency: every month between the 1st and the 10th of the month, excluding weekends and holidays.

The Ambassador may also suspend payments by removing the IBAN or bank account number listed in their Client, LiviMaster, or Ambassador account. In this case, no payments will be made until this information is re-entered.

Funds are transferred automatically, provided that the total amount is not less than 100.00 USD / US Dollars.

In this case, transfers will be suspended until the total amount exceeds 100.00 USD / US Dollars.

All payments will be made via bank transfer to the account specified in the Ambassador’s profile.

The Ambassador is responsible for ensuring that their bank information is correctly entered in their Account.

G.7.8. Terms for Refunded Sales

LiviMasters have the option to refund services rendered; in such cases, the affiliate commission shall be deemed canceled and may be deducted from an Ambassador’s current earnings regardless of when the refund occurs after the affiliate commission has been credited.

If it is no longer possible to deduct this Commission from the Referring Ambassador, it may be deducted from the LiviMaster’s earnings in the case of the “LiviMaster Affiliate” program and the “Ambassador Affiliate” program.

G.7.9. Charitable Donations and Payouts

As part of its commitment to the public good and solidarity, the company operating the LiviTalk Platform has established a system allowing its LiviMasters to voluntarily donate all or part of their earnings to recognized public-benefit organizations or duly registered charities listed on the Charities page here: https://livitalk.com/charities

In accordance with the Platform’s terms and conditions of use, this donation mechanism operates exclusively on the basis of the LiviMasters’ express, free, and informed consent, demonstrated by their participation in the solidarity program offered by LiviTalk. This participation is formalized electronically via a multiple-choice form provided for this purpose and accessible from their personal account.

Participation in this initiative is limited to specific periods chosen by LiviMasters, determined in advance and communicated by LiviTalk on the LiviMaster’s public profile during the effective period. During these periods, the revenue generated by services provided by freelance agents who have agreed to this donation will be fully or partially allocated to the beneficiary organizations chosen by the LiviMaster themselves, according to the terms specified in the relevant offer.

It is specified that the amounts paid out do not pass through the agents’ personal accounts but are redirected directly, via LiviTalk, to the beneficiary organizations. This procedure is intended to ensure the traceability of financial flows and the transparency of the donation process.

LiviTalk commits to publishing, at the end of each campaign, a transparency report detailing the amounts collected, the recipients of the payouts, and the periods covered, organized by month. This report will be made available to agents who participated in the campaign and may be provided to any competent authority if necessary.

This mechanism does not constitute, under any circumstances, a sponsorship or patronage agreement between LiviTalk and the freelance LiviMasters agents, but is based solely on a voluntary solidarity initiative, governed by these provisions.

G.8. General Provisions

G.8.1. Code of Conduct

When browsing the Website, the Ambassador Affiliate Portal, or in any communications with the public as part of their activities as an Ambassador, the Ambassador agrees and warrants that they will not violate any legal or regulatory provisions, and that they will not engage in any conduct contrary to public order and morality, including, in particular:

encouraging or condoning violence in any form;
endorsing or encouraging any form of discrimination, particularly on the basis of race, ethnic origin, religion, disability, gender, age, or sexual orientation/gender identity;
displaying racist, homophobic, or discriminatory content;
inciting hatred;
constituting defamation or an insult;
constituting any kind of threat, particularly one directed at a LiviMaster (or anyone else);
that constitutes harassment;
that constitutes unauthorized disclosure of personal and/or confidential information about third parties, including LiviMasters, Users, or other Ambassadors—including the last names, first names, addresses, social media accounts, phone numbers, and email addresses of individuals identified by pseudonyms, or any other information that could identify them or infringe upon their privacy.

The Ambassador guarantees that they will ensure compliance with applicable regulations for all actions taken in their capacity as an Ambassador, particularly with regard to publicly disclosing the paid nature of their work as an Ambassador.

The Ambassador agrees not to damage the image or reputation of LiviTalk, its products, brands, websites, or executives in any public or private communications, particularly those made in the capacity of an Ambassador.

Any promotional activities for the Website or its referral link that the Ambassador may choose to undertake must therefore be accompanied by clear information regarding the nature of the contractual relationship between the Ambassador and LiviTalk, and in particular regarding the fact that the relationship is remunerated and that there is no mandate, relationship of subordination, or agency relationship.

Under no circumstances may the Ambassador conceal the nature of their contractual relationship with LiviTalk.

LiviTalk places particular emphasis on fostering a climate of trust among Ambassadors, LiviMasters, and Users.

Consequently, any abusive behavior toward LiviMasters, Users, or other Ambassadors will result in the immediate suspension of the Ambassador’s Account or affiliate page, without prejudice to any legal action that may be brought, and damages that may be sought, in particular by LiviTalk, if applicable.

The Ambassador must also refrain from any violation of laws, regulations, or international conventions protecting minors.

Any violation of such laws brought to LiviTalk’s attention will be immediately reported to the competent authorities, and all information in LiviTalk’s possession will be disclosed to the authorities.

The Ambassador agrees to report any observed violation of the provisions of this section or of applicable law to LiviTalk by contacting LiviTalk directly via the support service at https://livitalk.com/contact.

G.8.2. Breach of the Terms and Conditions

In the event of the Ambassador’s failure to comply with the Terms and Conditions, resulting in LiviTalk initiating specific procedures, LIVIgroup LLC may charge the Ambassador a lump-sum fee of 120 U.S. dollars to cover LiviTalk’s costs associated with processing the case, without prejudice to any potential damages or recovery costs.

H.1. Scope of LiviTalk’s Liability and Limitation of Liability

H.1.1. Reminder of LiviTalk’s Role: Technical Intermediary and Collection Agent

It is expressly noted, in accordance with Sections A.4.1 et seq. of these Terms, that LiviTalk (LIVIgroup LLC) acts exclusively as the operator of a networking Platform, a limited collection agent, and a technical agent for the LiviMasters. LiviTalk is neither the author, nor the provider, nor the service provider of the Consultations, content, training courses, MasterClasses, Premium Media, advice, discussions, or services offered on the Platform. The LiviMaster, who remains the legal provider of the Service, is solely liable for the nature, content, quality, legal compliance, and delivery of the Services they offer, as well as for any direct or indirect damages that may result therefrom to Users or third parties.

H.1.2. Disclosure of the LiviMaster’s Contact Information in the Event of a Dispute

In the event of a dispute between a User and a LiviMaster regarding the Service, its content, quality, delivery, or consequences, LiviTalk agrees, upon a written and substantiated request from the User (or upon request by a competent authority), to disclose the identifying contact information of the LiviMaster in question (last name, first name, business name, mailing address, contact email address, and legal registration number, if applicable), in compliance with data protection regulations. This disclosure enables the User to directly initiate, at their own expense and under their sole liability, any appropriate legal action against the LiviMaster.

The User expressly acknowledges that the disclosure of the LiviMaster’s contact information constitutes a sufficient measure by LiviTalk to fulfill its obligations regarding the identification of service providers operating on the Platform, and that it relieves LiviTalk of any additional obligations with respect to the disputed Service.

H.1.3. LiviTalk’s Limit of Liability

Given LiviTalk’s exclusively intermediary role as noted above, and without prejudice to mandatory provisions from which no derogation is permitted, the total and aggregate liability of LiviTalk (LIVIgroup LLC), its officers, employees, agents, processors, and partners, with respect to any User, LiviMaster, or Ambassador, for all breaches, damages, losses, or disputes—whether contractual, tortious, statutory, or otherwise—arising directly or indirectly from the use of the Platform or these Terms, is expressly and flatly capped at a maximum of one thousand (1,000.00) U.S. dollars, across all causes of action.

This cap constitutes an essential and decisive condition of LiviTalk’s commitment with respect to its exclusive role as a technical intermediary and payment processor, without which LiviTalk would not have entered into this agreement.

H.1.4. Exclusion of Indirect Damages

Under no circumstances shall LiviTalk be held liable for indirect, intangible, consequential, or unforeseeable damages, including loss of revenue, profits, customers, data, image, reputation, or business opportunities suffered by a User, a LiviMaster, or an Ambassador, even if LiviTalk had been informed of the possibility of such damages occurring.

Furthermore, LiviTalk shall not be liable for any damages or disputes arising from the Service itself, the conduct of the LiviMaster, the accuracy of published content, the advice or opinions expressed, the quality of a service provided, the User’s use of purchased content, or any direct interaction between Users and LiviMasters, as these matters fall exclusively under the liability of the LiviMaster concerned.

H.1.5. Exceptions and Gross Negligence

These limitations do not apply in cases of gross negligence or willful misconduct expressly established against LiviTalk in the performance of its own obligations (availability of the Platform, collection, Payout, data security), nor in cases where a contractual limitation of liability would be prohibited by a mandatory legal provision applicable to the dispute.

H.1.5. Disclaimers (UCC § 2-316—U.S. applicability)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIVITALK PLATFORM AND ALL SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LIVIGROUP LLC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO: (i) ANY WARRANTY OF MERCHANTABILITY, (ii) ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (iii) ANY WARRANTY OF NON-INFRINGEMENT, (iv) ANY WARRANTY OF CONTINUITY, RELIABILITY, OR FREEDOM FROM ERRORS OR VIRUSES. NO ADVICE OR INFORMATION OBTAINED FROM LIVIGROUP LLC OR THROUGH THE PLATFORM CREATES A WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.

For consumers residing in the European Union, the statutory warranties of conformity and against hidden defects remain applicable without exception.

H.2. Moderation Policy and Prohibited Content

LiviTalk is an open platform that, as a matter of principle, imposes no restrictions on the nature, tone, style, or subject matter of the Services, Consultations, or content offered by LiviMasters, provided that the law and these Terms are strictly complied with.

However, the following are strictly prohibited on the Platform, without exception:

any content of a pornographic nature as defined by applicable law, including the explicit depiction of sexual acts, whether broadcast live (Video conference, chat, text message, email) or recorded (Premium Media, Professional Multimedia Deliverable, Photos, MasterClasses, Training Courses, etc.);
any content, service, solicitation, or exchange involving, depicting, featuring, or directed at a minor, or suggesting that a person depicted might be a minor;
any paid sexual contact, solicitation, communication, or service that could be classified as prostitution, pimping, or solicitation of prostitution under applicable laws;
any sexually explicit depiction, image, video, or recording of a third party obtained without their free, informed, and explicit consent (“revenge porn,” non-consensual deepfakes, unauthorized screenshots).

LiviTalk reserves the right, in its sole discretion and without prior notice, to remove any content suspected of violating these provisions, to suspend or terminate the account of the LiviMaster at fault, and to report the matter to the competent judicial authorities when the circumstances warrant it.

Regarding the financial consequences of termination:

(a) when the disputed content is manifestly unlawful under the governing law—including, but not limited to, any content involving or depicting a minor, any content of a pedophilic nature, any glorification of terrorism, or any non-consensual distribution of intimate images (“revenge porn”) — LiviTalk may withhold the LiviMaster’s entire available balance and pending earnings as lump-sum compensation for the financial, reputational, and operational damages suffered by the Platform and its ecosystem, without prejudice to any other damages;

(b) in other cases of violation of this policy, LiviTalk may withhold pending earnings not yet paid to the LiviMaster as reasonable liquidated damages for the costs of moderation, investigation, administrative processing, and operational damages related to the confirmed violation, with the available balance already earned and validated being returned to the LiviMaster in accordance with the standard payout procedures.

LiviMasters acknowledge that this policy constitutes an essential and decisive term of the contract, without which LiviTalk would not have entered into the contract.

H.2.1. Automated Moderation Using Artificial Intelligence (Sightengine)

To ensure strict compliance with the policy defined in Section H.2 and the security of its ecosystem, the Platform incorporates state-of-the-art automated moderation tools. All content submitted by Users and LiviMasters—including, in particular, profile photos, banners, biographies, Service descriptions, media shared in conversations, personalized documents and files, and any other visual or textual content—is subject to automated pre-publication (prior to publication) and during use for live-streamed audiovisual content, via the Sightengine content moderation API, operated by Sightengine SAS (Paris, France), acting as a processor for the Platform within the meaning of Article 28 of the General Data Protection Regulation (GDPR).

Any content detected as non-compliant with the policy defined in Article H.2, or violating the standards of the Platform’s payment partners (notably Stripe’s Restricted Businesses Policy), will be automatically blocked and will not be posted online. The Platform reserves the right to combine this automated moderation with additional human reviews, particularly in the event of a report or uncertainty regarding classification.

H.2.2. Right to Human Intervention and Appeal (Article 22 of the GDPR)

In accordance with Article 22 of the GDPR, any User or LiviMaster whose content has been blocked by the automated moderation system has the right to request a human review of the decision. This request must be sent to support@livitalk.com within fifteen (15) calendar days of the block, specifying the ID of the content in question and the grounds for the appeal. The Platform undertakes to review the request within a reasonable timeframe and to notify the content author of its final decision; this decision may confirm the initial blocking or authorize the content to be posted.

H.2.3. Reporting Child Sexual Abuse Material and Manifestly Illegal Content

When the moderation system identifies content exhibiting characteristics of child pornography, sexual exploitation of minors, glorification of terrorism, incitement to hatred, or any other manifestly illegal content, the Platform will, without prior notice to the concerned User, report the matter to the competent authorities in accordance with its legal obligations (notably the PHAROS platform in France and the NCMEC internationally), block and securely preserve the disputed content for evidentiary purposes, and immediately suspend the affected account.

H.2.4. Retention of Blocked Content

Content blocked by the automated moderation system is retained in encrypted form for a maximum period of twelve (12) months from the date of blocking, solely for the purposes of handling appeals, continuously improving detection models, and, where applicable, to provide evidence in the event of judicial or administrative proceedings. Beyond that period, it is destroyed, with the exception of content that has been reported to the competent authorities, which is subject to their own retention policies.

H.2.5. Attempts to Circumvent

The Platform reserves the right to temporarily suspend or permanently terminate, without notice or compensation, the account of any User or LiviMaster who attempts to circumvent the moderation systems (including through image fragmentation, encoding, steganography, sharing external links to prohibited content, or any other evasion technique). Any termination issued on this basis shall result, where applicable, in the permanent forfeiture of pending earnings not yet paid to the LiviMaster concerned, in accordance with Section H.2 and the applicable provisions of these Terms and Conditions.

H.2.6. Graduated Penalties for Non-Compliant Content

When the moderation system detects or flags content that does not comply with this policy, LiviTalk will apply, depending on the severity of the violation and the history of the User or LiviMaster in question, one of the following measures, which it may combine or adjust at its sole discretion:

(a) A written warning sent to the User or LiviMaster, requesting that the disputed content be removed or brought into compliance and reminding the User or LiviMaster of the applicable rules;
(b) Temporary suspension of the account for a period determined by LiviTalk, in the event of a repeat offense, particularly serious content, or failure to respond to a prior warning;
(c) Permanent suspension and termination of the Account, without notice or compensation, in the event of manifestly unlawful content (Article H.2.3), a repeat offense following a temporary suspension, or any serious breach of the Platform’s rules. The financial consequences of this termination are governed by Articles H.2 and H.8.4.

The choice of measure is at the sole discretion of LiviTalk and shall not be construed as granting the User or LiviMaster the right to a less severe measure in the event of a subsequent breach.

H.2.7. Digital Services Act (European Union)

For Users residing in the European Union, LIVIgroup LLC complies with the Digital Services Act (DSA): reporting of illegal content via support@livitalk.com, justification of moderation decisions, a free internal appeal process accessible from the Account section, and a single point of contact for Member State authorities.

H.3. Code of Conduct and Prohibited Content

In addition to the prohibitions set forth in Section H.2, the LiviMaster agrees not to distribute, transmit, host, share, or market on the Platform any content, service, message, or behavior that exhibits any of the following characteristics:

content that glorifies violence, terrorism, crimes, or offenses, or incites others to commit them;
content that is racist, xenophobic, anti-Semitic, homophobic, or transphobic, or that condones any form of discrimination based on origin, gender, sexual orientation or gender identity, disability, religion, age, physical appearance, or any other legally protected characteristic;
content that constitutes harassment, intimidation, threats, blackmail, doxxing, or the unauthorized disclosure of a third party’s personal, medical, professional, or financial information;
content that is defamatory, libelous, abusive, or that infringes upon a third party’s privacy, image, reputation, or personality rights;
content that poses a serious health risk, including incitement to engage in behavior that is dangerous to physical or mental health, self-harm, suicide, eating disorders, the use of illicit substances, or medical practices that do not comply with current medical standards;
content that depicts or promotes illegal activities in the User’s or LiviMaster’s country, particularly the sale of weapons, drugs, unauthorized health products, counterfeit goods, or the provision of unauthorized financial, legal, medical, or investment services;
content that constitutes counterfeiting or infringes upon a third party’s trademark, copyright, related rights, right of publicity, or any other intellectual or industrial property right;
organized disinformation, manipulation of public opinion, electoral interference, or the deliberate dissemination of information known by the author to be false;
use of the Platform for the purposes of money laundering, terrorist financing, fraud, scams, identity theft, or any criminal offense;
spam, repeated unsolicited solicitations, commercial solicitation outside the Platform, or recruitment for pyramid schemes or Ponzi schemes;
any content or behavior contrary to public order, public decency, or human dignity.

This list is not exhaustive. LiviTalk reserves the right, in the reasonable exercise of its prerogatives to manage the Platform, to assess whether content complies with the spirit of this code and to take any appropriate measures (warning, hiding, removal, suspension, termination, reporting) in the event of a violation, all without prejudice to any damages that may be claimed from the LiviMaster at fault.

H.4. Prohibition of Bots, Scraping, and Unauthorized Automation

Unless expressly authorized in writing in advance by LiviTalk, the User, the LiviMaster, and the Ambassador are prohibited, under penalty of immediate termination and liability, from:

from using, implementing, or operating on the Platform any robot, automated agent, script, chatbot, crawler, spider, harvester, or any other automated device intended to interact with, publish, consume, survey, or collect information on the Platform;
to systematically extract, copy, reproduce, index, or reuse, in whole or in part, the content, data, LiviMaster profiles, prices, reviews, or any other component of the Platform (“scraping”);
to send, by any means, bulk messages, solicitations, or identical or similar content to multiple Users or LiviMasters, particularly for the purposes of spam, phishing, external commercial solicitation, or the dissemination of prohibited content;
attempt, by any technical means whatsoever, to circumvent the technical security measures, access restrictions, CAPTCHAs, filters, or anti-fraud mechanisms implemented by LiviTalk or its service providers;
simulate, automate, or industrialize client interactions (fake Users, coordinated multiple accounts, automation of tip or review requests) with the aim of artificially inflating revenue, brand awareness, or an affiliate program.

The use of generative artificial intelligence tools in the context of Services provided to Users is governed by Section H.25 of these Terms.

H.18. Content Notification and Takedown Procedure (DMCA §512)

In accordance with the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512), LIVIgroup LLC has designated a DMCA agent to receive notices of alleged copyright infringement.

support@livitalk.com. Any notice of copyright infringement must include: (i) identification of the content alleged to be infringing; (ii) identification of the copyrighted work whose rights have been infringed; (iii) the notifier’s contact information; (iv) a statement made in good faith that the disputed use is not authorized; (v) a statement, made under penalty of perjury, regarding the accuracy of the notice; (vi) the electronic signature of the rights holder or their representative.

Upon receipt of a valid notice, LIVIgroup LLC will remove the content and notify the User who posted it. The User may file a counter-notice in accordance with 17 U.S.C. § 512(g). Users who submit repeated and unfounded notices may have their Account suspended. The designated DMCA agent has been registered with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2). Notifications may be sent to: DMCA Agent, LIVIgroup LLC, 131 Continental Dr, Suite 305, Newark, Delaware, USA, or by email to support@livitalk.com. All Users, LiviMasters, and Ambassadors acknowledge that LIVIgroup LLC operates as an online service provider under the DMCA §512 safe harbor and enforces a repeat-infringer policy pursuant to 17 U.S.C. § 512(i).

H.19. Hosting Provider Status and Section 230 CDA Immunity

LIVIgroup LLC acts as an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230), and not as a publisher of content posted by Users. LiviMasters, Users, and Ambassadors are solely responsible for the content they post, transmit, or make available via the Platform. LIVIgroup LLC is protected under Section 230 of the CDA with respect to any third-party content posted on the Platform.

H.20. Commercial Email Communications (CAN-SPAM Act)

In accordance with the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), LIVIgroup LLC complies with the following requirements for commercial emails:

every commercial email clearly identifies LIVIgroup LLC as the sender and includes a valid physical address;
the subject line of the emails accurately reflects the content of the message;
registration on the Platform does not constitute consent to receive marketing emails; separate and express consent is required, provided via the Account preferences page;
Each commercial email contains a functional unsubscribe mechanism; unsubscribes are honored within a maximum of ten (10) business days.

Purely transactional or informational emails (order confirmations, security notifications, account alerts, responses to inquiries) are not subject to the CAN-SPAM Act and may be sent to any User.

H.21. SMS Communications and Notifications (TCPA)

In accordance with the TCPA (47 U.S.C. § 227), LIVIgroup LLC distinguishes between two categories of text messages and notifications:

LIVIgroup LLC may send SMS messages directly related to the User’s activity (order confirmation, appointment reminder, security OTP, consultation status, account alert, support response, special event). These communications do not require separate written consent, as the phone number provided upon registration constitutes implied consent;
Promotional text messages require the User’s express written consent via the dedicated checkbox in “Notification Preferences.” The User may withdraw this consent at any time from the same page or by replying “STOP.”

Operator charges may apply depending on the User’s service plan.

H.22. Notification in the Event of a Personal Data Breach

In the event of a personal data breach (Art. 4(12) GDPR), LIVIgroup LLC undertakes to:

Notify the competent supervisory authority (CNIL in France, equivalent authorities in other European Union member states) within a maximum of seventy-two (72) hours from the time the breach is actually discovered, in accordance with Article 33 of the GDPR;
Notify the affected Users without undue delay when the breach is likely to result in a high risk to their rights and freedoms (Art. 34 GDPR);
Notify U.S. authorities and Users in accordance with the data breach notification laws applicable in their state of residence (Cal. Civil Code § 1798.82, NY Shield Act, Tx Bus. & Com. Code § 521.053, etc.);
Document any breach, its effects, and the measures taken to remedy it.

H.23. User Expense Management

H.23.1. The User manages their own expenses. LIVIgroup LLC provides, as a convenience and without any obligation to monitor, tools for setting limits (daily/monthly) and threshold alerts.

H.23.2. These tools are provided “as is,” without warranty, and do not constitute a guarantee of results. LIVIgroup LLC shall not be held liable for their absence, malfunction, failure to trigger, or non-use.

H.23.3. In the event of unusual expenditures or those related to a vulnerability or fraud, LIVIgroup LLC may: (i) request proof of identity or the source of funds; (ii) suspend transactions; (iii) cap or defer a payment. No liability is acknowledged.

H.24. Enhanced Confirmation of High-Value Transactions

H.24.1. For any transaction (purchase of Credits, tips, Subscription, purchase of content) whose amount exceeds a threshold defined by LIVIgroup LLC and communicated to the User, an additional confirmation step may be required before the payment is authorized.

H.24.2. LIVIgroup LLC may provide a cooling-off period during which the User may cancel the transaction as long as the Service has not begun or the content has not been made available. Once the transaction has begun or the content has become accessible, it becomes final, subject to applicable mandatory provisions.

H.24.3. Without prejudice to any public policy-based right of Withdrawal that a consumer User may have under the mandatory laws of their country of residence.

H.5. Anti-Fraud Policy and Combating Abusive Behavior

H.5.1. Definition of Fraudulent Conduct

The following constitute fraudulent and abusive conduct as defined herein, giving rise to the penalties provided for in Section H.5.4:

Payment fraud: use of a stolen, disputed, expired, or third-party credit card without the third party’s authorization; use of misappropriated payment methods; abusive initiation of Chargebacks (“abusive disputes”) after the service has been provided.
Identity fraud: impersonating a third party; using a false name, a fake ID, or a pseudonym to fraudulently conceal one’s true identity; creating accounts in the name of a deceased person, a minor, or a person who has not given consent.
Multiple accounts and self-referral: creation by the same person or by related individuals (household, IP address, device, payment method) of multiple User, LiviMaster, or Ambassador accounts for the purpose of improperly benefiting from an affiliate program, tips, Commission percentages, or benefits reserved for new registrants.
Manipulation of reviews and reputation: posting fictitious reviews, purchasing fake reviews, coordinated disparagement of a competing LiviMaster, manipulation of the average rating through the use of controlled accounts, soliciting reviews in exchange for undisclosed compensation.
Commission Misappropriation (Anti-Circumvention): Soliciting or accepting payments outside the Platform (PayPal, direct bank transfer, cash, cryptocurrencies, etc.) for services initiated via LiviTalk; sharing personal contact information with the intent to encourage payment outside the Platform; any attempt to circumvent the payment collection system (“circumvention”).
Scaling and automation: use of bots, scripts, automation tools, or coordinated accounts to artificially inflate the volume of consultations, tips, reviews, or transactions.
Tax or regulatory fraud: providing falsified tax information (TIN, SIRET, VAT status), concealing “U.S. Person” status, and failure to comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) obligations.
Phishing and social engineering: impersonation of LiviTalk emails or logos, redirecting Users to fake websites, soliciting other Users’ login credentials or passwords.
Other abusive behaviors: deliberately exploiting the Platform’s margin of error, artificially inflating refund requests, harassment of the payment chain, any unfair maneuver intended to unduly enrich the User or the LiviMaster at the expense of LiviTalk or a third party.

H.5.2. Fraud Detection

LiviTalk implements, either directly or through its payment and compliance partners, reasonable measures to detect fraudulent behavior, including, in particular, algorithmic analysis of transactions, detection of device identifiers (“Device ID”) and digital fingerprints (“fingerprinting”), IP address matching, behavioral analysis, verification of bank account information, and processing of reports submitted by Users or authorities. The User, the LiviMaster, and the Ambassador expressly acknowledge the legitimacy of these processing activities, which are in LiviTalk’s legitimate interest to secure the Platform and protect all of its Users.

H.5.3. Cooperation with Banking Partners and Authorities

In the event of suspected fraud, LiviTalk may, without prior notice and without incurring any liability:

freeze all or part of the balance of the account in question until the matter is clarified;
suspend access to the Platform as a precautionary measure;
request additional supporting documentation (enhanced KYC, proof of address, sources of funds, proof of service);
forward relevant information to its banking partners, payment service providers, fraud prevention companies, or to the competent judicial, administrative, or tax authorities;
retain all evidence (logs, transactions, communications, screenshots) for as long as necessary to resolve the matter and for any potential legal proceedings.

H.5.4. Applicable Penalties

Any fraudulent conduct shall result, at LiviTalk’s sole discretion and depending on the severity of the violation, in the cumulative or alternative application of the following sanctions. However, with regard to financial consequences, LiviTalk distinguishes between proven fraud and reasonably suspected fraud, in accordance with the principles below:

a) Precautionary measures applicable in all cases (whether proven or reasonably suspected):

immediate cancellation of commissions, earnings, tips, affiliate percentages, and benefits directly resulting from the identified fraudulent transactions;
immediate suspension of the account, pending the outcome of the internal investigation;
precautionary withholding of pending earnings not yet paid out, for a maximum period of one hundred eighty (180) days from the date of suspension, pending the investigation, the resolution of Chargebacks, disputes, or ongoing proceedings;
reimbursement by the party at fault of bank fees, Chargeback fees, tax or administrative penalties, and any other costs directly incurred by LiviTalk as a result of the fraud.

b) Additional penalties in the event of proven fraud (established evidence, admission, court decision, or a body of consistent evidence):

permanent termination of the account without notice or compensation;
permanent ban, with no possibility of re-registration, under any identity or pseudonym whatsoever;
permanent withholding of the entire available balance and pending earnings, as reasonable liquidated damages for the financial, operational, and reputational damages suffered by LiviTalk (including, in particular, management fees, the additional burden on technical detection resources, damage to the Platform’s reputation, legal costs, and the costs of reimbursing affected Users), without prejudice to any other damages;
reporting to the competent judicial, administrative, or tax authorities in Delaware, USA, in the country of residence of the party at fault, or in any other relevant country;
initiation of any civil or criminal action to seek full compensation for the damages suffered by LiviTalk, its Users, and its partners.

c) Disposition of funds withheld in the event of fraud not confirmed following the investigation:

If, following the investigation, the initially suspected fraud is not confirmed by a body of corroborating evidence, the funds withheld as a precautionary measure shall be returned to the account holder in accordance with the usual payout procedures, with deductions made only for any Chargebacks that may have been processed and the corresponding bank fees, without any other deductions for investigation costs.

H.5.5. Indemnification

The LiviMaster, User, or Ambassador found liable for fraud shall indemnify LiviTalk, upon first demand and without prejudice to their right to subsequently challenge the validity or amount of the indemnification through judicial or arbitration proceedings, for the full amount of the direct and indirect damages suffered, including loss of revenue, legal costs, bank fees, contractual penalties imposed by payment partners, internal investigation costs, crisis communication costs, and any other reasonable costs incurred in handling the matter. This compensation is in addition to the penalties referred to in H.5.4 and in no way precludes criminal prosecution.

H.5.6. Zero Tolerance and Repeat Offenses

LiviTalk enforces a zero-tolerance policy toward any fraud, regardless of its severity or the amount involved. Any repeat offense, even a partial one, or any attempt to re-register after being banned, will be considered a serious breach resulting in automatic reporting to the authorities and the immediate initiation of all available legal proceedings.

Any person whose account has been banned is prohibited, under penalty of aggravated sanctions, from re-registering on the Platform under a different identity, a pseudonym, a different email address, a masked IP address, a different device, or through a third party. Any attempt at fraudulent re-registration will result in the immediate closure of the new account, the forfeiture of any balance, and will impose liability on the offender under Article H.5.

H.5.7. Reporting by a Third Party

Any User, LiviMaster, or Ambassador who becomes aware of fraudulent or abusive behavior on the Platform is encouraged to report it to support@livitalk.com. Reports are handled confidentially. Reports made in good faith shall under no circumstances be subject to retaliation. Abusive or bad-faith reports, however, are subject to penalties under this section.

H.6. Procedure for Notifying and Removing Illegal Content (“Notice & Takedown”)

Any third party who believes that content published on the Platform by a LiviMaster or a User infringes upon their rights (including copyright, right of publicity, trademark rights, personality rights, right to privacy, or any other legally protected right), or violates a legal provision or these Terms, may send LiviTalk a substantiated notice to the following address: support@livitalk.com.

To be admissible, the notice must include at least:

the notifier’s full identification (last name, first name, business name, address, capacity, and, if applicable, power of attorney);
precise identification of the disputed content(s) (URL, LiviMaster name, publication date, screenshots if possible);
a precise description of the rights asserted and the grounds justifying the alleged unlawfulness of the content;
any relevant evidence (intellectual property title, power of attorney, court order, proof of identity, etc.);
a sworn statement attesting to the accuracy of the information provided and the notifier’s authority to act.

LiviTalk will review the request within a reasonable timeframe and no later than fifteen (15) business days from receipt of a complete and good-faith notification. If the infringement appears to be clear, LiviTalk may remove or disable access to the disputed content without prior notice, and suspend or terminate the Account of the LiviMaster or User concerned in the event of a serious or repeated violation.

The LiviMaster or User whose content has been removed will be notified of the removal and may submit a substantiated counter-notification to the same address, demonstrating that they hold the necessary rights or authorizations. LiviTalk may then, at its discretion, restore the content if the counter-notification is convincing, without prejudice to the initial notifier’s right to bring the matter before the competent jurisdiction.

Notifications that are manifestly abusive, repeated, dilatory, or based on false statements will result in civil and criminal liability for their author. LiviTalk reserves the right to report to the authorities any report constituting a criminal offense (cyberbullying, false accusations, invasion of privacy, etc.).

LiviTalk enforces a zero-tolerance policy toward repeat offenders: LiviMasters or Users who have been the subject of multiple valid reports within a period of twelve (12) consecutive months will have their accounts permanently suspended, without prejudice to any legal proceedings that may be initiated.

H.25. Content Generated or Modified by Artificial Intelligence (“Deepfakes”)

Any LiviMaster who uses, incorporates, or distributes on the Platform content that has been generated, modified, transformed, or augmented using artificial intelligence tools (voice, image, video, or text generation; voice cloning; face swapping; facial animation; speech synthesis; etc.) expressly agrees to:

reproduce, simulate, or imitate, in whole or in part, the appearance, voice, expressions, or identity of a third party (a real person, a public figure, or a protected fictional character) only with that party’s free, informed, written, and revocable consent;
not create, distribute, or market content likely to mislead the User regarding the author’s true identity, the human nature of the speaker, or the authenticity of a statement or event;
clearly and prominently indicate, on the service or content, when such content has been substantially generated or altered by an artificial intelligence tool, particularly in the context of Professional Multimedia Deliverables, MasterClasses, Training Courses, or Premium Media;
respect the copyrights, related rights, image rights, and personality rights of all third parties whose works or personal characteristics may have been used to train or feed the AI tool.

In any case, the following are strictly prohibited on the Platform:

any AI-generated content depicting a minor, in any context whatsoever;
any AI-generated pornographic content, in accordance with Article H.2;
any non-consensual deepfake, in particular any depiction of a sexual, intimate, degrading, or defamatory nature of an identifiable third party created without their explicit consent;
any impersonation, particularly of a public figure, executive, journalist, public official, or any person whose words could be misrepresented;
any attempt to lead the User to believe that the person they are communicating with via Video conference, chat, or text message is a real person when in fact it is an automated chatbot or a generative avatar.

Any breach of these provisions constitutes a serious violation resulting in the immediate suspension or termination of the account, the withholding of the available balance as lump-sum and reasonable liquidated damages for the damages suffered by LiviTalk, as well as reporting to the competent authorities.

(Continued in Section H — General Provisions)

H.5.8. Penalties for Fraud — Cumulative Withholding and Remedies

In the event of established fraud, LIVIgroup LLC shall immediately withhold, as reasonable liquidated damages, the lesser of: (i) the available balance in the LiviMaster account plus revenue earned over the past six (6) months; or (ii) the actual damages demonstrated by LIVIgroup LLC.

The Parties acknowledge that such damages are difficult to assess in advance; the lump-sum estimate is made in good faith and is not a penalty (Brazen v. Bell Atlantic, 695 A.2d 43 (Del. 1997)).

Non-Exclusive Remedy. This Withholding does not constitute an exclusive remedy. LIVIgroup LLC retains the right to sue the LiviMaster for full compensation for any damages not covered. The Withholding does not release the LiviMaster from its obligations.

H.5.9. Recovery in Case of Dispute (Chargeback / Clawback)

In the event of a dispute by a User (bank dispute, Chargeback, rejection, claim), LIVIgroup LLC shall recover, without prior notice: (i) the disputed amount; (ii) processing fees (15–35 USD); (iii) network penalties. Recovery: deduction from balance, future earnings, direct refund within 30 days, or collection. Such recovery does not give rise to any right to compensation. Standard procedure for professional service platforms (consulting, training, coaching) exposed to abusive disputes due to the intangible nature of the services.

H.8. Fate of Content, Accounts, and Balances Following Suspension, Termination, or Banning

H.8.1. General Principles

In the event of the suspension, termination, or banning of a LiviMaster, User, or Ambassador account, whether initiated by LiviTalk or the account holder, and regardless of the reason (breach of these terms, fraud, voluntary request, inactivity, death, or other), these provisions apply to the disposition of content, data, financial balances, and ongoing Services.

The penalties set forth in the articles relating to sensitive content (Article H.2), the anti-fraud policy (Article H.5), and suspension/termination (Article C.10) shall take precedence over these provisions in the event of any conflict.

H.8.2. Disposition of Content Published by a Banned LiviMaster

Content, services, media, training courses, MasterClasses, webinars, photos, videos, documents, and, more generally, all items posted online by the LiviMaster on the Platform shall be handled as follows:

Illegal content: Any content identified as illegal, in violation of the provisions regarding sensitive content (H.2), the code of conduct (H.3), or the notification and takedown procedure (H.6), shall be immediately and permanently removed. Backup copies required for evidentiary, legal, or regulatory purposes are stored in secure archives that are not accessible to the public for as long as necessary, but for at least five (5) years, or for the statutory limitation period if it is longer.
Lawful but Unpurchased Content: Lawful content that has not been purchased or viewed by a User is removed from the Platform within a reasonable timeframe and no later than thirty (30) days from the effective date of the ban. The banned LiviMaster may neither republish such content nor demand its restoration.
Lawful content purchased or subscribed to by a User: To ensure the continuity of the rights acquired by Users who have legitimately paid for access to content, training, a Subscription, or Premium Media, LiviTalk reserves the right to maintain these Users’ access to the relevant content, to the extent technically possible, for a maximum period of twenty-four (24) months from the date of the ban. At the end of this period, or in the event of technical impossibility, the User may request, by written request sent to support@livitalk.com within thirty (30) days of the end of access, a refund prorated for the remaining time.
Public reviews and history: Reviews posted by Users on the Platform regarding the banned LiviMaster may be retained or anonymized at LiviTalk’s discretion, for the sake of transparency for the community.

H.8.3. Continuity License Granted to LiviTalk

In accordance with the section regarding the operating license granted to LiviTalk (Section D.6.3) and notwithstanding the ban, the banned LiviMaster grants LiviTalk a non-exclusive, worldwide license, free of charge and for the necessary duration specified in Section H.8.2, allowing LiviTalk to host, reproduce, communicate to the public, and make available the content purchased by Users prior to the ban, for the sole purpose of fulfilling the Platform’s commitments to those Users. This license does not grant LiviTalk any new commercial exploitation rights beyond this purpose.

H.8.4. Disposition of Available Balance

The disposition of the available balance and pending earnings in the account of the banned LiviMaster, User, or Ambassador is determined based on the reason for the ban, according to the following rules:

a) Ban for manifestly illegal content or proven fraud:

When the ban is based on the distribution or attempted distribution of content that is manifestly illegal under the governing law (including content involving a minor, child sexual abuse material, glorification of terrorism, or non-consensual distribution of intimate images) or by proven fraud as defined in Article H.5, the entire available balance and pending earnings shall be permanently withheld by LiviTalk as reasonable liquidated damages for the material, operational, and reputational damages suffered by the Platform and its ecosystem, without prejudice to any other damages.

b) Ban for prohibited but not illegal content or serious breach of the Code of Conduct:

When the ban is based on the dissemination of content prohibited by these Terms but not manifestly unlawful within the meaning of paragraph (a) above (including, but not limited to, content of a sexual or suggestive nature, unauthorized nudity, violation of payment partners’ standards), or by a serious breach of the Code of Conduct defined in Article H.3, any pending earnings that have not yet been paid out shall be permanently retained by LiviTalk as reasonable liquidated damages for the costs of moderation, investigation, administrative processing, reimbursement of affected Users, and operational losses related to the confirmed violation. The available balance that has already been earned and validated, after deduction of fees, Withholdings, pending disputes, foreseeable client refunds, and transfer fees, shall be paid to the account holder in accordance with the terms set forth in Article E.5.3, provided that it reaches the minimum threshold of 100.00 USD.

c) Ban for non-fraudulent violations or termination at LiviTalk’s initiative for other reasons:

The available balance and pending earnings, after deduction of fees, withholdings, pending disputes, anticipated client refunds, and transfer fees, are paid to the account holder in accordance with the terms set forth in Section E.5.3 (Payment Deadlines and Triggering of Withdrawal Requests), provided that they reach the minimum threshold of 100.00 USD.

d) Voluntary request by the account holder to close the account:

The available balance and pending earnings are paid out in accordance with the standard procedure, after verifying that there are no pending disputes.

e) Prolonged account inactivity:

In accordance with the provision regarding the closure of an Ambassador’s account due to inactivity, if the account remains inactive for more than one (1) year, the Ambassador’s balance will be reset to zero. For LiviMasters and Users, equivalent provisions may apply following notification.

H.8.5. Rights of Users Who Have Purchased Content from a Banned LiviMaster

A User who has lawfully purchased content, a Subscription, a training course, a MasterClass, or any other digital good from a LiviMaster who was subsequently banned retains the following rights:

continued access to the purchased content, to the extent technically possible, for a period of twenty-four (24) months from the date of the ban, in accordance with Section H.8.2;
if access cannot be maintained, the right to a refund prorated based on the remaining time when the purchase involves a fixed-term Service (Subscription, time-limited access), excluding services consumed in real time (past Consultations) or fully delivered (single-use purchases);
the right to be notified of the ban and the terms of residual access via a message in the user’s personal account or by email.

Any refund will be issued in the form of credit usable on the Platform. Upon a justified request and at LiviTalk’s discretion, this credit may be converted into a bank transfer subject to the fee conditions set forth in Section E.5.4.

H.8.6. Handling of Personal Data

In accordance with the article regarding the retention period for personal data (Article H.9.4), the personal data associated with the banned account is retained for the applicable legal and regulatory periods, in particular for KYC/AML, accounting, tax, litigation, and evidentiary purposes. Beyond these periods, such data is permanently deleted or anonymized. The banned User retains, for the duration of the retention periods, all rights provided for in Article H.9.6.

H.8.7. Retention of Data for Evidentiary Purposes

Notwithstanding the above rules, LiviTalk reserves the right to retain, in secure archives inaccessible to the public, all data (content, communications, transactions, logs, screenshots, event logs) relating to the banned account, for as long as necessary to defend its rights, cooperate with authorities, or pursue any legal action, and at a minimum for the statutory limitation period applicable to the longest-running potential dispute.

H.9. Protection of Personal Data

H.9.1. Data controller

The data controller for personal data collected in connection with the use of the Platform is LIVIgroup LLC, with its principal place of business located at 131 Continental Dr, Suite 305, Newark, Delaware, USA, operating under the brand name LiviTalk.

H.9.2. Data Collected and Purposes

LiviTalk collects and processes the following categories of data, depending on the User’s status:

identification data (last name, first name, username, date of birth, country of residence, identification document for KYC purposes);
contact data (email address, phone number, mailing address);
payment data (bank account information, IBAN, SWIFT, payment credentials, transaction history);
tax data (VAT number, SIRET number, or equivalent; W-9 form for U.S. Persons);
login and technical data (IP address, browser type, session IDs, connection logs, hardware ID);
content and communications posted or exchanged on the Platform (for moderation, fraud prevention, and support purposes).

This data is collected and processed for the following purposes:

creation and management of the User account;
Provision of services and payout of amounts due;
compliance with legal and regulatory obligations (KYC, AML, international sanctions, taxation);
prevention and detection of fraud, illegal conduct, and abuse;
improving services, statistics, and internal studies;
commercial and operational communications, subject to the required consent.

H.9.3. Legal Bases

Depending on the purposes, data processing is based on the performance of the contract entered into with the User, compliance with legal obligations incumbent upon LiviTalk, LiviTalk’s legitimate interest in securing and improving the Platform, and, where required, the User’s explicit consent.

H.9.4. Retention Period

User account data is retained for the entire duration of the registration. Upon deletion of the account, it is retained for the statutory limitation periods, specifically:

five (5) years for contractual and payment data;
ten (10) years for accounting and tax data;
the period necessary to retain supporting documents in the event of ongoing litigation;
the specific periods required by KYC/AML obligations.

H.9.5. Transfers Outside the European Economic Area

Data processed by LiviTalk may be transferred to Delaware, USA, and to countries where LiviTalk’s technical processors are located (including hosting providers, payment service providers, KYC service providers, etc.). These transfers are governed by appropriate safeguards, such as the Standard Contractual Clauses adopted by the European Commission, or any other mechanism recognized by applicable regulations.

H.9.6. User Rights

In accordance with applicable regulations, and in particular Regulation (EU) 2016/679 (“GDPR”) for Users residing in the European Economic Area, the User has the following rights:

the right to access, rectify, and update their data;
the right to erasure (“right to be forgotten”) under the conditions provided by law;
the right to restrict processing;
the right to data portability;
the right to object to processing, particularly for marketing purposes;
the right to set guidelines regarding the handling of their data after their death;
the right to withdraw consent at any time, without such withdrawal affecting the lawfulness of processing carried out prior to withdrawal;
the right to lodge a complaint with the competent supervisory authority.

These rights may be exercised at any time by sending a request to support@livitalk.com, accompanied by proof of identity. LiviTalk undertakes to respond within one (1) month, extendable by two (2) months in cases of particular complexity.

H.9.7. Security

LiviTalk implements reasonable technical and organizational measures to ensure the confidentiality, integrity, and availability of data. In the event of a breach that could pose a risk to the rights and freedoms of the affected Users, LiviTalk will provide the required notifications to the authorities and to the Users within the statutory time limits.

H.9.8. Privacy Policy

For details regarding data processing, processors, and the procedures for exercising rights, Users are invited to consult the Privacy Policy available at https://livitalk.com/privacy-policy, which supplements and clarifies these provisions.

H.8.8. Transatlantic Frameworks (GDPR, CCPA/CPRA, DPF)

Data Controller: LIVIgroup LLC, Delaware, USA. DPO: support@livitalk.com. EU Representative designated pursuant to Article 27 of the GDPR: Prighter GmbH, Enzianweg 4, 5061 Elsbethen-Glasenbach, Austria, email: office@prighter.com.

GDPR (EU): Users residing in the EEA have the rights of access, rectification, erasure, restriction, data portability, and objection (Articles 15–22 of the GDPR).

CCPA / CPRA (California): CCPA/CPRA rights: the right to know, to delete, to opt out of sale or sharing, to correct, to limit the processing of sensitive information, and to be free from discrimination. LIVIgroup LLC does not sell or share your personal data as defined by the CCPA/CPRA. LIVIgroup LLC automatically recognizes and honors the Global Privacy Control (GPC, HTTP header Sec-GPC: 1) sent by Users’ browsers as a valid request to opt out of the sharing of their personal data. LIVIgroup LLC does not sell personal data.

International transfers: Data is processed in the U.S. and within the EEA (AWS, Stripe Inc., and processors). Cumulative framework: Standard Contractual Clauses (CCT, Decision 2021/914).

Exercising rights: submit a request to support@livitalk.com with proof of identity (response within 30 days). Complaints may be filed with the CNIL, equivalent EU authorities, or the California Privacy Protection Agency.

H.9.9. Aggregated and Anonymized Data

The User expressly acknowledges and agrees that LiviTalk may, in compliance with applicable data protection regulations, process, aggregate, and anonymize data generated through the use of the Platform (transaction volumes, session durations, usage statistics, popularity of categories or services, usage patterns, etc.), for purposes including the production of internal statistics, service improvement, research and development, market research, and corporate communications. Data that has been irreversibly aggregated and anonymized in this manner—and which no longer allows a User to be directly or indirectly reidentified—no longer constitutes personal data and may be freely used, retained, and disclosed by LiviTalk.

H.10. Electronic Communications, Notifications, and Evidentiary Value

The User, the LiviMaster, and the Ambassador expressly consent to receiving from LiviTalk, by electronic means (email, in-app notifications, dashboard messages, SMS), all operational, contractual, legal, and tax-related communications pertaining to their Account and the use of the Platform. They acknowledge that these electronic communications satisfy any legal or contractual requirement for a written document, notification, or formal notice, to the fullest extent permitted by the governing law.

The Parties agree that emails, notifications, internal messages, application logs, connection logs, and technical data generated and retained by LiviTalk in the normal course of the Platform’s operation constitute valid, enforceable, and sufficient evidence of Users’ identities, the content of communications, actions taken, and consents given. This presumption may, however, be rebutted by evidence to the contrary under the terms of general law.

Communications for strictly promotional, marketing, or commercial purposes are subject to the User’s prior consent, which the User may withdraw at any time via their Account settings or by clicking the unsubscribe link included in each relevant communication, without such withdrawal affecting operational communications essential to Account management.

H.11. Assignment and Transfer of the Contract

LiviTalk (LIVIgroup LLC) reserves the right to assign, transfer, contribute, or subcontract, in whole or in part and at any time, the rights and obligations arising from these Terms to any third-party company, particularly in connection with a merger, acquisition, spin-off, partial transfer of assets, sale of business, or group restructuring. The LiviMaster, the User, or the Ambassador expressly consent in advance to any such transaction, provided that the transferee assumes all of the obligations undertaken by LiviTalk hereunder.

The LiviMaster, the User, and the Ambassador may not assign, transfer, make available, or provide to a third party, for any reason whatsoever, their account, affiliate link, status, or the rights and obligations arising from these Terms, without the prior, express, and written consent of LiviTalk. Any attempt at unauthorized assignment is null and void ab initio.

H.11 bis. Waiver of Jury Trial.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE TRANSACTIONS CONTEMPLATED HEREBY. THIS WAIVER APPLIES TO ANY AND ALL CLAIMS THAT WOULD OTHERWISE BE TRIABLE BY A JURY AND IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT (DELAWARE CODE TITLE 10, § 3901 ET SEQ.; FAA, 9 U.S.C. §§ 1 ET SEQ.).

H.11 ter. Time Is of the Essence.

Time is of the essence with respect to all payment obligations, service performance obligations, and notice requirements under these Terms. Any failure to meet a stated deadline shall constitute a material breach.

H.12. Severability

If any provision of these Terms is held to be invalid, illegal, unenforceable, or inapplicable by a court of competent jurisdiction or by any administrative or regulatory authority, in whole or in part, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect. The Parties shall endeavor, in good faith, to replace the invalid provision with a valid provision that produces legal and economic effects as close as possible to those intended by the original provision.

H.13. Non-Waiver

LiviTalk’s failure to exercise, at any given time or on a temporary basis, any of the rights or prerogatives granted to it under these Terms, or its failure to assert a breach by the LiviMaster, by the User, or by the Ambassador, shall not be construed as a waiver of the right to rely on such right, prerogative, or breach at a later date, nor as a modification of these Terms. Any tolerance, even if repeated, does not create any acquired right and does not constitute a novation.

H.14. Complaint Procedure and Prior Attempt at Amicable Resolution

Prior to initiating any arbitration proceedings pursuant to Article I.4 or any litigation, the User, LiviMaster, or the Ambassador agrees to submit their complaint to LiviTalk in writing at support@livitalk.com, clearly and fully stating:

the identity of the claimant and the capacity in which they are acting;
the nature, date, and specific circumstances of the dispute;
any relevant supporting documents;
the requests made and their basis.

LiviTalk agrees to acknowledge receipt of the complaint within five (5) business days and to provide a reasoned response within thirty (30) business days of receiving a complete complaint. During this period, the Parties shall endeavor, in good faith, to reach an amicable resolution.

Upon the expiration of this period, or following an express refusal by LiviTalk to grant the claim, the claimant may, if they so wish and if the dispute has not been resolved, initiate the arbitration proceedings provided for in Article I.4 or, failing that, bring the matter before the competent jurisdictions designated in Article I.1.

The applicable statutes of limitations are suspended during the complaint procedure with respect to the Parties who have made a good-faith attempt at amicable resolution.

H.15. Nature of the Services and No Guarantee of Results

H.15.1. General Principle

The Services offered on the Platform by LiviMasters, regardless of their nature, are provided without any guarantee of results. LiviTalk, in its exclusive capacity as a technical intermediary and payment processor (Articles A.4.1 et seq., H.1.1), does not guarantee the accuracy, effectiveness, or predictive, scientific, medical, psychological, therapeutic, legal, or financial value of any Service, and assumes no liability therefor.

H.15.2. Categories of Services and Recreational, Wellness, or Personal Development Nature

The Services offered on the Platform fall, in particular and without limitation, into the following categories:

(a) Intuitive, divinatory, or symbolic Services: including clairvoyance, mediumship, cartomancy, astrology, numerology, tarot, runes, oracles, lithomancy, aura reading, or similar services;
(b) Coaching and personal development services: including life coaching, career coaching, business coaching, relationship or parenting coaching, sports coaching, nutrition coaching, motivational coaching, artistic coaching, or similar services;
(c) Wellness and non-medical energy practices: including Reiki, magnetism, lithotherapy, sound therapy, aromatherapy, guided meditation, sophrology, non-therapeutic hypnosis, breathwork, or similar services;
(d) Amateur physical, athletic, and body-based services: including yoga, Pilates, fitness, stretching, qigong, tai chi, dance, posturology, or similar services;
(e) Services involving the provision of information, sharing of experiences, and testimonials: including feedback on experiences, sharing personal journeys, testimonials, advice on image, style, or interior design, unregulated consulting, or similar services;
(f) Artistic, creative, and cultural services: including singing lessons, creative writing, drawing, painting, photography, music, theater, voice-over work, or similar services;
(g) Educational and support services: including tutoring, language lessons, interview preparation, exam preparation, music lessons, or similar services;
(h) Any service of a similar nature that is recreational, wellness-oriented, educational, creative, athletic, or related to personal development.

All of these Services are provided exclusively for the purposes of entertainment, well-being, personal fulfillment, non-academic learning, or non-professional guidance. They have no predictive, scientific, medical, psychological, therapeutic, legal, or financial value, and offer no guarantee of results.

H.15.3. Not a Substitute for a Regulated Professional

Under no circumstances do the Services serve as a substitute for the advice or care of a qualified professional practicing within a regulated framework (such as a physician, healthcare professional, psychologist, psychotherapist, attorney, licensed financial advisor, certified public accountant, notary, legal professional, or any other professional subject to a legal framework of qualification). Users experiencing health, psychological, legal, or financial difficulties are expressly encouraged to consult a licensed professional. No Service may be interpreted as a diagnosis, treatment, therapy, regulated professional advice, or investment recommendation.

When a LiviMaster offers a Service that falls within the scope of a regulated profession in their country of practice or in the User’s country of residence, they are solely responsible for ensuring that their activities comply with the applicable qualification, registration, authorization, and practice requirements. The LiviMaster warrants and indemnifies LiviTalk against any claim by a government agency, professional association, or third party resulting from the illegal or non-compliant practice of such a profession.

H.15.4. User’s Freedom and Liability

The User acknowledges that they act of their own free will, with full knowledge of the nature of the Services, and remains the sole decision-maker and solely responsible for their consumption and spending choices on the Platform. The User acknowledges that no statement made by a LiviMaster—whether regarding the future, health, wealth, relationships, career, education, or any other personal matter—constitutes information upon which it would be reasonable to base a significant financial, medical, psychological, legal, professional, or significant personal decision.

H.15.5. LiviTalk’s Role as a Technical Intermediary

LiviTalk, in its exclusive capacity as a technical intermediary and payment processor (Articles A.4.1 et seq., H.1.1), is neither the author nor the guarantor of the content of the Services and cannot be held liable for decisions made by the User following a Service, nor for the direct or indirect consequences of using a Service.

H.16. Role as Hosting Provider and Moderator

H.16.1. LiviTalk acts as a passive technical intermediary with respect to content published by LiviMasters and Users. It exercises no discretionary editorial control over the content, tone, style, or subject matter of such content, does not select it based on its own editorial judgment, and does not guarantee its accuracy or quality. The automated moderation measures implemented for the purposes of legal compliance and Platform security, in particular via the Sightengine tool described in Section H.2.1, constitute defensive technical measures and shall not be interpreted as editorial control conferring upon LiviTalk the status of publisher or author of the content in question.

H.16.2. The moderation measures implemented by LiviTalk (removal of reported content, account suspension, automated filtering, including through a priori automated moderation in accordance with Section H.2) are intended solely to ensure compliance with the law, these Terms, and reports received. They do not entail a general obligation to monitor content within the meaning of Article 15 of Directive 2000/31/EC or any equivalent provision, and shall not be interpreted as editorial control conferring upon LiviTalk the status of publisher or author of the content in question.

H.16.3. In accordance with Article H.18 (Procedure for Notifying and Removing Illegal Content—“Notice & Takedown”), LiviTalk provides a mechanism for reporting content or conduct that is unlawful or contrary to these Terms, the procedures, processing times, and remedies for which are specified in the aforementioned Article H.18.

H.26. Force Majeure

Neither LIVIgroup LLC nor the User shall be held liable for any failure or delay in the performance of their obligations resulting from a force majeure event, defined as any external, unforeseeable, and unavoidable event that makes the performance of contractual obligations impossible. The following, in particular, are considered cases of force majeure: natural disasters, fires, explosions, floods, pandemics and epidemics, governmental acts or omissions, war, insurrection, terrorism, cyberattacks of significant scale, international sanctions (including OFAC sanctions), widespread failure of telecommunications, electricity, or internet networks, and administrative or judicial decisions preventing the performance of the contract. The affected Party shall notify the other Party without undue delay and shall take all reasonable measures to mitigate the effects thereof. If the event persists for more than sixty (60) consecutive days, either Party may terminate the contract without compensation or prior notice, by simple written notice.

H.17. Recording and Retention of Communications

H.17.1. No Audio or Video Recording

LiviTalk does not record, retain, or store any audio or video communications exchanged between Users and LiviMasters during live consultations (phone, Video conference, calls). No audio or video files from consultations are retained on the Platform’s servers after the consultation ends.

H.17.2. Limited Retention of Written Communications

Written communications (text chat, SMS, email, instant messages, and other text-based exchanges conducted within the Platform) are subject to temporary technical retention solely for the purposes of post-event moderation, managing reports, fraud prevention, Platform security, and compliance with applicable legal obligations.

These communications are retained for a maximum period of ninety (90) days from the date they were sent, after which they are automatically destroyed in a secure and irreversible manner.

H.17.3. Extended Retention in the Event of a Report, Dispute, or Legal Proceedings

As an exception to Section H.17.2, written communications that are the subject of a report, a complaint, an internal investigation, legal proceedings, administrative proceedings, or arbitration, or for which LiviTalk is required by law to retain evidence, are retained until the final resolution of the relevant proceedings, plus a period of two (2) years for evidentiary purposes. After this period, they are automatically destroyed.

H.17.4. Limited Access to Retained Communications

Access to retained communications is strictly limited to authorized LiviTalk personnel involved in moderation, security, compliance, and dispute resolution, as well as to competent authorities upon legal request. Retained communications are not used for any commercial, advertising, or statistical purposes that identify specific individuals.

H.17.5. User Notification

The User and the LiviMaster are informed of this retention policy upon account creation and each time they conduct a Consultation on the Platform. Any communication exchanged on the Platform is deemed to have been made with knowledge of and acceptance of this section.

I. FINAL PROVISIONS

H.27. Acceptable Use Policy (AUP)

In addition to the other provisions, the following uses of the Platform are strictly prohibited:

Automated scraping and large-scale extraction of Platform content for the purpose of building databases or training artificial intelligence systems, under the conditions specified in Article H.28;
Use of a VPN, proxy, anonymization service, or any other technique to circumvent the geolocation used to determine applicable taxes (VAT, Sales Tax, GST, etc.) or to conceal the User’s actual jurisdiction of residence;
Abusive financial engineering between accounts, including the creation or use of multiple accounts by a single individual for the purpose of unduly benefiting from referral programs, promotional credits, welcome offers, circumventing a spending limit, or concealing a suspended account;
Use of the Platform for purposes other than those for which it is intended, including the unauthorized resale of LiviTalk services to third parties, commercial promotion of the Platform without written consent, or any form of misuse of the Services.

H.28. Prohibition on Reproduction, Extraction, Cloning, and Training of Artificial Intelligence

All content on the LiviTalk Platform—including, but not limited to, text, images, videos, graphics, source code, navigation structure, directory structure, databases, features, matching algorithms, pricing system, LiviMasters and category catalogs, content produced by LiviMasters, as well as any element protected by copyright, sui generis database rights, or any other intellectual property right—is the exclusive property of LIVIgroup LLC or its successors in title.

Strict Prohibitions. The following are strictly prohibited without prior written authorization from LIVIgroup LLC:

(i) any reproduction, representation, adaptation, translation, or copying—in whole or in part—of the website, its code, structure, or design, for the purpose of competitive reproduction or cloning;
(ii) any mass extraction, systematic reuse, or transfer of a substantial portion of the content through industrial scraping, unauthorized web crawling, mirroring, or framing;
(iii) any use of the Platform’s content for training, learning, fine-tuning, or creating a dataset intended for training a generative or predictive artificial intelligence system;
(iv) any technique intended to circumvent, disable, or compromise the technical protection measures implemented by LIVIgroup LLC (rate limiting, CAPTCHA, encryption, authentication, etc.);
(v) any reverse engineering, decompilation, or disassembly of the code, except as permitted by the governing law.

Expressly Permitted Uses. The following are not subject to the above prohibitions and are permitted:

(a) indexing by legitimate search engines (Google, Bing, DuckDuckGo, Qwant, etc.) that comply with the robots.txt for the purpose of inclusion in search results;
(b) real-time access by conversational artificial intelligence and AI-assisted search systems (including SearchGPT, Perplexity, Bing Copilot, Google Gemini, Claude for Search, as well as any equivalent system) for the purpose of responding to a User query regarding LiviTalk or its service offerings, subject to compliance with the robots.txt and provided that the source (livitalk.com) is cited;
(c) brief, attributed quotations in accordance with the short quotation exception provided for in Article L.122-5, 3°-a of the 17 U.S.C. (Copyright Act), 35 U.S.C. (Patent Act), and the Lanham Act (15 U.S.C. §§ 1051 et seq.) and under U.S. fair use (17 U.S.C. § 107);
(d) private, individual, and non-commercial use by a legitimate User in the normal course of their use of the Platform.

In accordance with Article 4, paragraph 3, of Directive (EU) 2019/790, LIVIgroup LLC expressly and in a machine-readable format objects to any use of its content for text and data mining purposes intended for training, fine-tuning, or any other form of machine learning of generative or predictive artificial intelligence systems. This objection does not extend to the uses authorized in the preceding paragraph (search engine indexing, assisted search, and attributed citation). This objection is expressed, in particular, through the robots.txt, dedicated HTML tags, and appropriate HTTP headers.

This prohibition is based on: the U.S. Copyright Act 1976 (17 U.S.C. §§ 101 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Digital Millennium Copyright Act (17 U.S.C. § 1201), Article L.112-1 of the 17 U.S.C. (Copyright Act), 35 U.S.C. (Patent Act), and the Lanham Act (15 U.S.C. §§ 1051 et seq.), 17 U.S.C. § 1201 (DMCA anti-circumvention protections), Article 7 of Directive 96/9/EC, and Article 4 of Directive (EU) 2019/790.

Any violation of the prohibitions set forth in this article gives rise to civil action for infringement and unfair competition, as well as criminal prosecution where applicable. LIVIgroup LLC reserves the right to seek full compensation for the damages suffered, including lost profits, investigation and litigation costs, and any moral and reputational damages.

I.1. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of Delaware, USA. Any dispute relating to their interpretation, performance, or termination shall first be subject to the mandatory pre-arbitration conciliation procedure (Article H.14), followed by the binding arbitration provided for in Article I.4, which shall take precedence over any other remedy. The competent courts of the State of Delaware—namely, the Superior Court of Delaware for contractual and liability disputes, and the Court of Chancery for equitable remedies—shall have jurisdiction only on a subsidiary basis, in the cases exhaustively set forth in Article I.4.0.

I.2. Term of the Agreement

These General Terms of Use for the Platform are valid for 12 months, unless a contractual amendment is notified to the other party by email, noting that the General Terms of Use applicable to LiviMaster are regularly updated by LiviTalk, and a single click by the LiviMaster shall constitute acceptance.

They are automatically renewed for 12-month periods unless either party gives prior notice of termination by written notice sent by email with delivery confirmation (or, at the sender's option, U.S. Postal Service Certified Mail, return receipt requested) at least one month before the expiration of the current period, without compensation to either party.

In the event of a dispute that persists after an attempt at amicable resolution, the dispute shall be settled by arbitration in accordance with Article I.4. The competent courts of the State of Delaware—namely, the Superior Court of Delaware for contractual and liability disputes, and the Court of Chancery for equitable remedies—shall have jurisdiction only as a last resort under the terms of Article I.4.0, which the User, the LiviMaster, and the Ambassador accept without reservation.

I.4. Arbitration Agreement and Waiver of Class Actions

The User (Client, User, LiviMaster, or Ambassador) and LiviTalk (LIVIgroup LLC) agree that any contractual relationship is governed by the following provisions:

I.4.0. Relationship Between Arbitration and State Jurisdiction

The arbitration agreement set forth in this Article I.4 takes precedence over any jurisdiction clause contained herein. The courts of Delaware, USA, designated in Articles I.1 and I.3, shall have competent jurisdiction only in the following cases: (i) the issuance of urgent interim or injunctive relief prior to the constitution of the arbitral tribunal; (ii) the recognition and enforcement of an arbitral award; (iii) where the arbitration agreement is definitively ruled unenforceable by a competent authority, in which case disputes shall be brought before the competent courts of the State of Delaware, namely the Superior Court of Delaware for contractual and liability disputes, and the Court of Chancery for equitable relief, excluding any class action. Recourse to these courts for the purposes described above shall not constitute a waiver of arbitration.

I.4.1. Mandatory Arbitration

Any dispute, controversy, or claim arising out of these Terms and Conditions, their interpretation, or the use of the LiviTalk Platform that cannot be resolved amicably shall be settled exclusively by final and binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules for consumer Users, and in accordance with its Commercial Arbitration Rules for LiviMasters, Ambassadors, and business Clients. The language of the arbitration shall be English. The seat of arbitration shall be Wilmington, Delaware, USA. The arbitrator’s decision shall be final and binding on both parties.

I.4.2. Arbitration Costs

Each party shall bear its own attorneys’ fees and shall share the administrative costs of the arbitration body equally, unless the arbitrator determines that the claim was frivolous or made in bad faith.

I.4.3. Confidentiality

Unless required by law, the content of the arbitration, the documents exchanged, and the arbitral award shall remain strictly confidential and may not be disclosed to third parties without the written consent of both parties.

I.4.4. OFAC Restrictions

Users, LiviMasters, and Ambassadors represent that they are not nationals of, residents of, or located in any country or territory subject to OFAC (U.S. Department of the Treasury) sanctions, including: countries and territories subject to economic sanctions administered by the OFAC of the U.S. Department of the Treasury. They warrant that they are not listed on any SDN list and are not 50% or more controlled by a sanctioned person. LIVIgroup LLC may suspend or terminate any Account and block any transfer in the event of an OFAC violation.

I.5. Class Action Waiver — Separate Regimes

I.5.1. Provisions Applicable to Users Residing in the United States. TO THE FULLEST EXTENT PERMITTED BY LAW, USERS RESIDING IN THE UNITED STATES EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CLASS ARBITRATION. ANY CLAIM MUST BE BROUGHT STRICTLY ON AN INDIVIDUAL BASIS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA). THIS CLASS ACTION WAIVER IS GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 et seq.), IS ENFORCEABLE PURSUANT TO AT&T MOBILITY LLC v. CONCEPCION, 563 U.S. 333 (2011), AND EPIC SYSTEMS CORP. v. LEWIS, 138 S. CT. 1612 (2018), AND IS SUBJECT TO FEDERAL PREEMPTION.

I.5.2. Provisions Applicable to Users Residing Outside the United States. Consumer Users residing outside the United States also waive the right to bring any class action, subject to mandatory local provisions, including Directive (EU) 2020/1828 for the EU.

I.6. Survival of Provisions

The termination or expiration of these Terms does not terminate obligations that, by their nature, are intended to survive. In particular, the provisions relating to Confidentiality, Intellectual Property, Non-Circumvention, Limitation of Liability, and the Arbitration Agreement shall remain in effect for a period of three (3) years following the closure of the User’s or LiviMaster’s account.

G. MISCELLANEOUS

G.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles.

G.2. Jurisdiction and Venue

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Arbitration Rules for consumer users), with the seat of arbitration in Wilmington, Delaware, USA. Judgment on the award may be entered in any court of competent jurisdiction.

G.3. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH USER HEREBY WAIVES ANY RIGHT TO ASSERT CLAIMS AGAINST LIVIGROUP LLC AS A REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. ANY DISPUTE MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. AT&T MOBILITY LLC v. CONCEPCION, 563 U.S. 333 (2011); EPIC SYSTEMS CORP. v. LEWIS, 138 S. CT. 1612 (2018).

G.4. Waiver of Jury Trial

EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT (DELAWARE CODE TITLE 10 § 3901; FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16).

G.5. Disclaimer of Warranties

THE LIVITALK PLATFORM AND ALL SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LIVIGROUP LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR QUIET ENJOYMENT (UCC § 2-316; UCC § 2A-214). This provision reinforces and supplements Section E.11 and does not supersede it.

G.6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVIGROUP LLC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LIVIGROUP LLC'S TOTAL AGGREGATE LIABILITY TO ANY USER SHALL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100 USD) OR (ii) THE COMMISSIONS AND FEES ACTUALLY RETAINED BY LIVIGROUP LLC ON TRANSACTIONS WITH THAT USER DURING THE THREE (3) MONTHS PRECEDING THE CLAIM. THE PARTIES AGREE THAT THIS LIMITATION IS A REASONABLE ALLOCATION OF RISK AND FORMS AN ESSENTIAL BASIS OF THE BARGAIN.

I.7. Language of the Agreement and Translations

These Terms and Conditions may be translated by LiviTalk into several languages for the convenience and understanding of Users. However, the Parties expressly agree that:

Authoritative Version: In the event of any discrepancy in interpretation, contradiction, legal nuance, or dispute regarding the meaning of a provision, only the English version of these Terms shall be authoritative and shall prevail over any other translated version.

Liability for Translations: Although LiviTalk strives to provide high-quality translations, it shall not be held liable for any errors or semantic inaccuracies resulting from the translation of the original document into the other languages offered on the Platform.

I.8. Use of the Virtual Assistant (AI Bot)

I.8.1. Nature of the Service

The Site provides the User with an artificial intelligence-based conversational agent (hereinafter the “AI Bot”). This service is intended to assist the User in navigating the Site and to provide general information about the Platform’s services.

I.8.2. Limitation of Liability

The responses provided by the AI Bot are automatically generated by a machine learning algorithm. Despite the care taken in its training, the Company cannot guarantee that the information provided is free from errors, omissions, or inaccuracies (phenomena known as “hallucinations” specific to AI). Consequently:

The AI Bot’s responses are provided for informational purposes only and do not constitute a contractual commitment or legal or financial advice under any circumstances.
The Company shall not be held liable for any damages resulting from an error or from the use of a response provided by the AI Bot.
Users are encouraged to verify critical information with official customer support.

I.8.3. Precedence of Official Documents

In the event of a conflict between a response provided by the AI Bot and these Terms of Use, the product descriptions, or the official pricing displayed on the Site, these written documents shall always prevail. The User may not invoke any error by the AI Bot to deviate from these terms.

I.8.4. Confidentiality and Data Protection

Communications with the AI Bot are processed by LIVIgroup LLC via its customer support tool integrated into the Platform. The relevant technology processors comply with the data processing obligations set forth in Article 28 of the GDPR.

Purpose: to provide a response, ensure quality control and security, and improve the algorithm (anonymization). LIVIgroup LLC does not sell, share, or transfer conversation data to any third party for advertising or profiling purposes, as defined by the CCPA/CPRA. GDPR legal basis: performance of the contract (Art. 6.1.b GDPR) for providing the response; legitimate interest (Art. 6.1.f) for security, quality control, and anonymized service improvement. Retention period: Conversation logs are retained for ninety (90) days from the date of the exchange, unless the User requests early deletion.

Prohibited Sensitive Data: The User must not disclose any personally identifiable, sensitive, medical, financial, banking, or confidential personal data to the AI Bot.

Transfers: governed by Standard Contractual Clauses (SCCs).

Right to erasure: The User may request the deletion of the conversation history (GDPR Art. 17, CCPA right to delete) via the interface or by emailing support@livitalk.com.

No Regulated Professional Service: The AI Bot does not provide regulated professional services (medical, legal, financial, psychological, or tax) nor is it a substitute for a LiviMaster. Its responses are for informational purposes only and do not engage the liability of LIVIgroup LLC.

I.8.5. Quality of Interactions

The User agrees to use the AI Bot in good faith. The Company reserves the right to suspend access to the AI Bot in the event of abusive or offensive use, or any attempt to circumvent the algorithm.

Appendix — Prohibited Content

The following are prohibited on the LiviTalk Platform, including, without limitation: content covered by the Moderation Policy (Section H.2), content that infringes on the rights of third parties (intellectual property, right of publicity, personal data), and illegal or fraudulent activities (money laundering, terrorist financing, illicit substances, counterfeiting). The Platform is exclusively dedicated to professional services in the areas of consulting, coaching, training, mentoring, and expertise.

Version V28 — Updated: July 12, 2026.

LIVITALK General Terms of Use and Services

Contractual Framework of the Platform

COOKIE MANAGEMENT: LiviTalk respects your privacy