Terms and Conditions

Last updated: January 2025

1. Acceptance of Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Vibrate, LLC ("Company", "we", "us", or "our"), concerning your access to and use of the HushLink website and application ("the Service"). HushLink is a brand of Vibrate, LLC. By accessing and using the Service, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Service.

2. Description of Service

HushLink is a platform that enables users to create secure, shareable links for content (text, images, videos, documents) that can be protected by password or payment. The Service allows content creators to monetize their content and control access to it.

3. User Accounts

3.1 Registration

To use the Service, you must create an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Be at least 18 years of age
  • Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent, abusive, or illegal activities.

4. Payment Processing and Revenue

4.1 Payment for Content

Users can set prices for accessing their content. All payments are processed through Stripe Connect, our third-party payment processor. By enabling paid links, you create and manage your own Stripe Connect account.

Important: You are responsible for all payment processing risks associated with your Stripe Connect account, including but not limited to chargebacks, fraudulent transactions, and payment disputes. HushLink acts solely as a platform facilitator and is not a party to transactions between you and your customers.

4.2 Processing Fees

Revenue from paid content is subject to the following deductions:

  • Stripe processing fees (typically 2.9% + $0.30 per transaction)
  • HushLink platform fee (currently 10%, subject to change with 30 days notice)

4.3 Fee Adjustments

Processing fees may be adjusted periodically based on changes in third-party processor rates or operational costs. We will provide 30 days notice of any fee changes via email.

4.4 Payouts and Tax Responsibilities

Revenue is tracked in your account and paid out according to Stripe's standard payout schedule to your designated bank account.

Tax Responsibility: You are solely responsible for all taxes, duties, levies, and government charges associated with your earnings through the Service. This includes but is not limited to:

  • Income tax on your earnings
  • Self-employment tax (if applicable)
  • Sales tax, VAT, or GST (if applicable in your jurisdiction)
  • Any other applicable taxes in your country or region

HushLink does not withhold taxes from your earnings, does not provide tax advice, and does not file tax forms on your behalf. You will receive tax documentation directly from Stripe. You are responsible for consulting with tax professionals and complying with all tax laws in your jurisdiction.

4.5 User Financial Responsibility

By using HushLink's payment features, you acknowledge and agree that:

Chargebacks and Disputes:

  • HushLink is NOT responsible for any financial losses incurred due to chargebacks or payment disputes
  • You bear full responsibility for responding to and resolving chargebacks through your Stripe dashboard
  • Chargeback fees and losses are deducted from your Stripe account balance
  • You must provide evidence and documentation for disputes as required by Stripe
  • Stripe, not HushLink, handles the dispute resolution process

Fraudulent Transactions:

  • HushLink assumes NO liability for fraudulent transactions processed through your account
  • You are responsible for monitoring your transactions for suspicious activity
  • You must enable and utilize Stripe's fraud prevention tools
  • Financial losses from fraud are your sole responsibility
  • HushLink provides the platform only and is not involved in fraud detection or prevention

Refunds:

  • HushLink is NOT responsible for processing or handling customer refunds
  • You must manage all refund requests directly through your Stripe dashboard
  • You set your own refund policy and are responsible for honoring it
  • Refunds are deducted from your Stripe account balance
  • You are responsible for customer service related to payment and refund inquiries

Platform Role:

  • HushLink's role is strictly limited to facilitating the connection between you and Stripe
  • HushLink does not act as a payment processor, merchant of record, or financial intermediary
  • HushLink has no control over your Stripe account or transactions
  • All payment processing, disputes, and financial matters are between you and Stripe

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HUSHLINK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CHARGEBACKS, FRAUDULENT TRANSACTIONS, PAYMENT DISPUTES, REFUNDS, OR ANY OTHER FINANCIAL LOSSES OR ISSUES ARISING FROM YOUR USE OF PAYMENT PROCESSING FEATURES.

4.6 Compliance with Stripe, Tax, and Financial Laws

When you enable payments you represent and warrant that you will comply with all Stripe agreements, card-network rules, anti-money-laundering (AML) obligations, sanctions screening, export controls, and tax reporting requirements applicable to you and your customers.

  • Use the Service only for lawful, card-brand approved goods and services and comply at all times with Stripe's Connected Account Agreement and Acceptable Use Policy
  • Provide and maintain accurate identity, banking, tax, and know-your-customer (KYC) information requested by Stripe or HushLink, and update it immediately when it changes
  • Authorize HushLink to share information about you, your content, and your transactions with Stripe, financial institutions, auditors, or governmental authorities for fraud prevention and legal compliance
  • Accept that we may place holds on payouts, disable links, or require additional documentation while we investigate suspected violations or respond to regulator, law enforcement, or Stripe inquiries
  • Reimburse HushLink for any fines, penalties, clawbacks, taxes, or assessments imposed on us by Stripe, card networks, banks, or regulators due to your content, transactions, or conduct

You acknowledge that you—not HushLink—are the merchant of record for all sales on your account and you bear 100% of the risk of audits, investigations, or prosecutions related to your content or payment activity.

5. Content Policy

⚠️ Content Restrictions

HushLink uses Stripe Connect for payment processing. As a result, we strictly prohibit adult content, NSFW material, and all content types listed in Stripe's Prohibited and Restricted Businesses list. Violations will result in immediate account termination. Please review the full list below before uploading any content.

5.1 Your Content

You retain all intellectual property rights to the content you upload. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Store, cache, and display your content for viewers you authorize
  • Create blurred previews, thumbnails, and derivative works necessary for product features
  • Transmit and deliver your content to buyers or viewers through our infrastructure and third-party vendors

5.2 Creator Representations & Age Verification

By uploading, streaming, or selling content through HushLink you represent, warrant, and covenant that:

  • You own or have all necessary licenses, permissions, releases, and moral rights waivers to use and monetize the content
  • Every person depicted is at least 18 years old, has provided informed consent, and you maintain verifiable age and identity documentation that you will supply to us or law enforcement upon request
  • The content complies with all applicable laws, including privacy, publicity, record-keeping (e.g., 18 U.S.C. § 2257 where applicable), consumer protection, data protection, export controls, and sanctions regulations
  • You have obtained appropriate permissions for music, trademarks, logos, locations, and third-party materials contained in your content
  • The content does not require professional licenses (medical, legal, financial, gambling, etc.) that you do not possess and does not provide regulated services you are not authorized to provide
  • You have secured consent from any individual whose personal data, likeness, or confidential information appears in the content

5.3 Prohibited Content & Activities

IMPORTANT: Due to our payment processor (Stripe Connect) policies, we strictly prohibit all adult content and NSFW material on HushLink.

You may not upload, sell, promote, or facilitate any content or activity that:

  • Adult content / NSFW material (STRICTLY PROHIBITED): Pornography, sexually explicit content, nudity, content designed for sexual gratification, adult entertainment, fetish content, sexually suggestive material, or any mature audience content of a sexual nature. This prohibition applies regardless of whether the content is legal in your jurisdiction. Stripe's policies prohibit such content, and accounts violating this policy will be immediately terminated.
  • Sexual exploitation: Depicts minors (real or simulated), persons who appear under 18, age-play that portrays minors, incest, bestiality, forced acts, grooming, or any violation of child protection laws
  • Human trafficking or solicitation: Facilitates sex trafficking, prostitution, escort services, mail-order marriages, or exchange of sexual services for money or goods
  • Non-consensual or violent content: Includes revenge porn, hidden-camera recordings, stalking, sexual assault, threats, or glorification of self-harm or suicide
  • Illegal or regulated goods: Promotes, advertises, or distributes illegal drugs, prescription medications without a license, controlled substances, drug paraphernalia, weapons, explosives, or instructions for manufacturing them
  • Piracy and intellectual property violations: Shares pirated media, cracked software, leaked subscriptions, stolen credentials, DRM circumvention tools, or any material that infringes copyright, trademark, trade secret, or publicity rights
  • Fraud and cybercrime: Encourages gambling without permits, get-rich-quick schemes, money laundering, terrorist financing, phishing, hacking, malware distribution, or any attempt to evade taxes, sanctions, or law enforcement
  • Hate or extremist content: Advocates violence or discrimination against protected classes, promotes extremist organizations, or incites harassment or threats
  • Privacy violations: Displays government IDs, financial data, medical records, intimate images shared without consent, or any doxxing of individuals
  • Unlicensed professional services: Offers medical, legal, financial, or investment advice, gambling, securities, or crowdfunding in jurisdictions where you lack authorization
  • Any other unlawful or high-risk activity: Violates Stripe or card-network policies, export controls, OFAC/FinCEN regulations, or would reasonably expose HushLink to legal liability

This list is illustrative, not exhaustive. If you are unsure whether content or an activity is permitted, you must refrain from posting it and seek legal guidance before continuing.

5.4 Reporting, Removal & DMCA

We enforce a zero-tolerance policy for illegal or prohibited content. We may screen, review, refuse, remove, blur, or disable any content or account at any time without notice. We may also freeze payouts or disable paid links while we investigate complaints, Stripe notifications, or law-enforcement requests. Report violations or DMCA takedown notices to info@hushlink.me.

We respond to valid copyright or trademark notices under applicable law and may remove content or terminate repeat infringers at our discretion.

5.5 Cooperation with Authorities & Liability

We may preserve, access, and disclose your content, account data, IP logs, payout history, and communications to Stripe, acquiring banks, auditors, or governmental authorities when we believe it is necessary to comply with law, enforce these Terms, or protect our users and the public. You consent to such disclosure and agree that we may do so without prior notice to you.

You are solely responsible for defending yourself and bearing all costs, fines, penalties, taxes, damages, investigations, or prosecutions arising from your content or conduct. HushLink is a hosting and facilitation platform only and is not the publisher of your material.

Any attempt to use HushLink for illegal content or activities will result in immediate termination, may be reported to law enforcement, and you will be 100% responsible for any civil or criminal prosecution that follows.

6. User Conduct

You agree not to:

  • Use the Service for any illegal purpose
  • Attempt to bypass security measures or access restrictions
  • Interfere with the Service's operation
  • Impersonate others or misrepresent your affiliation
  • Harvest user data without permission
  • Use automated tools to access the Service (except with permission)
  • Create multiple accounts to evade enforcement actions, payout holds, or geographic restrictions
  • Use HushLink to collect or store sensitive personal data (such as payment card numbers or government IDs) except as strictly necessary for a permitted transaction with appropriate consent
  • Process payments on behalf of third parties, resale accounts, or otherwise act as an unregistered payment intermediary
  • Engage in money laundering, sanctions evasion, structuring, or any scheme intended to hide the origin of funds
  • Attempt to reverse engineer, scrape, or misuse our APIs in ways that burden or degrade the Service

Any breach of this section may lead to immediate suspension, forfeiture of payouts, disclosure to financial institutions or authorities, and you remain solely liable for any investigation or prosecution that results.

7. Intellectual Property

The HushLink platform, including its design, features, and branding, is owned by us and protected by intellectual property laws. You may not copy, modify, or distribute our platform without permission.

8. Disclaimers and Limitations

8.1 Service "As Is"

The Service is provided "as is" without warranties of any kind, express or implied. We do not guarantee uninterrupted, error-free, or secure service.

8.2 Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the Service. Our total liability is limited to the amount you paid us in the past 12 months.

8.3 Content Accuracy

We are not responsible for user-generated content or its accuracy. Users are solely responsible for their content and interactions.

8.4 No Duty to Monitor

We may, but are not obligated to, monitor, screen, or moderate content. Our decision not to act on a particular piece of content does not waive our rights, and it does not shift responsibility away from you. You remain solely liable for anything you upload or sell through the Service.

9. Indemnification

You agree to defend, indemnify, and hold harmless HushLink, its affiliates, officers, directors, employees, contractors, and service providers (including Stripe) from and against any and all claims, losses, damages, liabilities, fines, penalties, tax assessments, government investigations, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your content or transactions; (b) your breach of these Terms or any law; (c) violations of Stripe, card-network, or banking rules caused by you; (d) any allegation that your content infringes or misappropriates another party's rights; or (e) any civil or criminal action, seizure, or prosecution connected to your use of the Service.

10. Dispute Resolution

Any disputes arising from these terms or your use of the Service will be resolved through binding arbitration, except where prohibited by law. You waive the right to participate in class action lawsuits.

11. Governing Law and Jurisdiction

These Terms shall be governed by and defined following the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You and the Company irrevocably consent that the courts of the State of Delaware shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

12. Changes to Terms

We may modify these terms at any time. Significant changes will be notified via email or platform notice. Continued use after changes constitutes acceptance of the new terms.

13. Account Termination & Deletion

13.1 User-Initiated Deletion

You may delete your HushLink account at any time through your Account Settings. When you delete your account:

Immediate Deletion:

  • Your account access is immediately terminated
  • All secret content you created is permanently deleted
  • Your notifications and activity history are removed
  • Your session data and access tokens are invalidated

Data Retention for Compliance:

HushLink retains certain minimal data for legal compliance, fraud prevention, and regulatory requirements (7 years for financial records). This includes:

  • Email address (fraud prevention and re-registration tracking)
  • Stripe Connect Account ID (for Stripe investigations and disputes)
  • Aggregated financial summaries (total revenue, payouts, transaction count)
  • Deletion audit metadata (timestamp, IP address)

13.2 Stripe Account Independence

Important: Deleting your HushLink account does NOT delete or close your Stripe Connect account.

  • Your Stripe account remains active and independent
  • You are responsible for managing your Stripe account at dashboard.stripe.com
  • If you wish to close your Stripe account, you must do so separately through Stripe
  • We retain your Stripe Account ID for compliance purposes only
  • We have no control over your Stripe account after you delete your HushLink account

13.3 Effect on Transactions

Account deletion does not affect completed transactions or pending payouts:

  • Completed transactions and historical payments remain in Stripe
  • Pending payouts will complete through your Stripe account
  • You remain responsible for any chargebacks, refunds, or disputes that arise after deletion
  • Tax documentation will still be available through Stripe

13.4 Re-registration

You may create a new HushLink account after deletion:

  • You can re-register with the same email address
  • Your previous account data will not be restored
  • You will need to complete Stripe verification again
  • Previous financial records remain separate and are not linked to new accounts

13.5 Platform-Initiated Termination

We reserve the right to suspend or terminate accounts that:

  • Violate these Terms and Conditions
  • Engage in fraudulent, abusive, or illegal activities
  • Upload prohibited content
  • Receive excessive chargebacks or customer complaints
  • Fail to comply with Stripe requirements or legal obligations

Upon platform-initiated termination, your account may be permanently banned, and you may be prohibited from re-registering.

13.6 Survival of Terms

Upon termination (whether by you or us), these Terms continue to apply to past activities, including your obligations regarding taxes, chargebacks, indemnification, liability limitations, and data retention provisions.

14. Contact Information

The Service is operated by Vibrate, LLC. For questions about these terms, please contact us at:

Address: 31 Continental Dr, Suite 305, Newark, DE 19713

Email: info@hushlink.me

Summary

By using HushLink, you agree to comply with all laws, Stripe requirements, and our zero-tolerance content standards. You own your content, but you must verify every participant is 18+, keep records, and never distribute illegal, pirated, or exploitative material. We provide the Service "as is", may remove content or freeze payouts at any time, and will cooperate with law enforcement when required. You manage your own Stripe account and are solely responsible for taxes, chargebacks, refunds, investigations, and any civil or criminal prosecution triggered by your content or transactions. Vibrate, LLC is not responsible for financial losses or legal exposure arising from your use of the Service.