PayPlea Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and Ayudante Digital, established in Spain (“we”, “us”), the operator of the PayPlea apps and the related pages on this website (together, “PayPlea”). By creating an account or using PayPlea you accept these Terms, our Privacy Policy and our Community Guidelines, which form part of these Terms. If you do not agree, do not use PayPlea.

Information required by Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE): service provider Ayudante Digital, Spain; contact email hola@ayudantedigital.es.

• You must be at least 18 years old and have full legal capacity to enter into this agreement.
• You must live in a country or region where PayPlea is offered in the App Store or Google Play, and you must not be subject to sanctions by the European Union, the United Nations, the United Kingdom or the United States, nor live in a comprehensively sanctioned territory.
• You may hold only one personal account, and you must not use PayPlea if we have previously banned you.
• You may not create an account for, or publish a request on behalf of, another person or an organisation.
• You confirm your age when you register. Confirming a false age breaches these Terms and leads to account removal.

PayPlea is a technology platform that lets adults share personal stories of need, discover other people’s requests, communicate, and open the external personal payment links that requesters add to their requests.

PayPlea is not:

• a bank, a payment institution or electronic money institution under Directive (EU) 2015/2366 (PSD2) and Spanish Royal Decree-Law 19/2018, or a money transmitter or money services business under U.S. federal or state law, because PayPlea never receives, holds or transmits funds between users;
• an escrow, custody, lending, investment or insurance service;
• a crowdfunding service provider under Regulation (EU) 2020/1503, because requests never offer loans, securities, rewards, interest or any return;
• a charity, foundation or non-profit, and we do not solicit or receive charitable contributions;
• a party to, agent of, or guarantor for any gift made between users.

The payment providers are independent companies. Their terms, eligibility rules, fees, limits, buyer protections and dispute procedures apply to every payment you make or receive.

Provide accurate information and keep it up to date. Keep your password secret and do not share your account. You are responsible for activity under your account unless it was caused by our breach of these Terms. Tell us immediately at hola@ayudantedigital.es if you believe your account has been compromised. You can delete your account at any time; see Delete your account.

If you publish a request, you promise that:

• the request is for your own genuine, lawful, personal need, and everything in it is true and not misleading;
• you are the holder of every payment link or handle you add, and you are allowed by the provider to receive personal payments with it;
• you will not present yourself as a charity, collect for a third party, a cause or an organisation, or claim that gifts are tax-deductible;
• you will not offer anything in return: no goods, services, content, rewards, raffles, interest or repayment;
• you will use gifts only for the purpose you described, and you will update or close the request if your situation changes;
• supporting documents are authentic and you have the right to upload them;
• you will comply with the tax rules that apply to the gifts you receive (section 9).

Requests are reviewed before they become public. Review is a safety check: it is not identity verification and not a guarantee of truthfulness. We may refuse, edit for safety (for example to remove personal data), pause or remove any request that breaches these Terms or the Community Guidelines. A request closes automatically when its confirmed total reaches its goal.

• Every gift is entirely voluntary. Nobody is ever required to give, and giving unlocks nothing in PayPlea.
• Gifts are sent by you, directly to the recipient, through the recipient’s provider. PayPlea is not involved in the payment and cannot cancel, reverse, refund or recover it.
• A gift is a gift. Unless the law of your country says otherwise, it creates no obligation for the recipient other than the honesty commitments in section 5, and it is not tax-deductible.
• Personal payments between friends and family may not be covered by the provider’s purchase or buyer protection. Check the provider’s terms before you pay.
• We do not verify the identity of requesters or the truth of their stories. Give only what you can afford, and only to people you choose to trust.
• If you believe a request is fraudulent, report it in the App and contact your provider and, if appropriate, the police. We cooperate with providers and authorities as described in our Privacy Policy.

PayPal, Revolut, Cash App and Venmo are trademarks of their respective owners. PayPlea is not affiliated with, endorsed by or sponsored by any of them; their names and marks appear only to identify the service a requester has chosen. Opening a payment link takes you out of PayPlea. We are not responsible for the availability, content, fees, security or conduct of external services. You must comply with each provider’s terms, including any rules on personal versus commercial use.

After giving, you may return to PayPlea, declare the amount and upload a receipt. Declared gifts remain pending until verified, automatically or by a human, as explained in the Privacy Policy. Only verified gifts count towards the confirmed total. Verification only means a receipt appears consistent with the declared details; it does not confirm that a payment was settled, and we are not liable for mistakes in a provider’s records. Uploading a false or altered receipt is prohibited.

You are solely responsible for any tax, reporting or legal obligations arising from gifts you send or receive, including, where applicable, the Spanish Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones), U.S. federal gift tax rules, and any provider reporting such as U.S. Form 1099-K. We do not give tax, legal or financial advice. Speak to a qualified adviser if you are unsure.

PayPlea is free. You may choose to support its development through one-time consumable in-app purchases offered in the App Store or Google Play (“Developer Support”).

• Developer Support is completely voluntary, unlocks no feature, content or advantage, and has no effect on your account, visibility or requests.
• It is a payment to Ayudante Digital, not a gift to any requester, and it is never deducted from or added to any request.
• It is not a charitable donation and is not tax-deductible.
• The price is shown in your local currency in the store before you confirm, including any taxes the store collects.
• Apple or Google processes the payment under its own terms and acts as the seller of record. Refund requests are handled by the store: Apple at reportaproblem.apple.com, and Google through your Google Play order history. Any statutory right of withdrawal you have as a consumer is exercised through the store under its policies.

You keep ownership of the text, images and documents you post (“Content”). You grant Ayudante Digital a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, adapt (for example to resize images or redact personal data) and distribute your Content solely to operate, secure and improve PayPlea. For public Content, the licence lasts until you delete it or your account, except for copies other users already received in conversations and copies we must keep under the Privacy Policy. We will not use your Content in advertising or marketing without your separate consent.

You are responsible for your Content and confirm that you have every right needed to post it, including the consent of any person who appears in it.

You must not, and must not help anyone else to:

• publish fraudulent, misleading or fabricated requests, receipts or documents, or impersonate anyone;
• ask for money for gambling, weapons, drugs, sexual services, illegal goods or activities, or to pay fines or legal defence in order to evade justice;
• raise money for political campaigns, parties or candidates, for businesses, investments, cryptocurrency or resale;
• involve, depict or collect for minors in a way that exposes their identity or exploits them;
• harass, threaten, shame, extort or pressure anyone, including by repeatedly asking for money in messages;
• post hateful, sexually explicit, violent or self-harm encouraging content;
• publish other people’s personal data, health information, or account numbers without permission;
• spam, run multiple accounts, manipulate progress figures or reviews, or use bots and scrapers;
• move people off PayPlea to request card details, passwords or codes, or send malicious links;
• launder money, finance terrorism or evade sanctions;
• reverse engineer, overload, probe or bypass the security of PayPlea, except where the law permits it.

We moderate PayPlea using a combination of human review and automated tools, applying these Terms and the Community Guidelines. Possible measures include rejecting or removing content, limiting visibility, pausing a request, and suspending or terminating an account.

• Reporting: anyone, including people without an account, can report content they consider illegal or contrary to these Terms through the report function in the App or by email to hola@ayudantedigital.es, including the reason, the location of the content, and their name and email (except for reports of child sexual abuse material, which may be anonymous).
• Statement of reasons: when we restrict your content or account, we tell you what we did, why, the facts and rule relied on, whether automated means were used, and how to appeal, as required by Article 17 of the EU Digital Services Act.
• Appeals: you can ask us to review any moderation decision within 6 months by replying to the decision or writing to hola@ayudantedigital.es. A person who was not involved in the original decision reviews it. In the EU you can also use a certified out-of-court dispute settlement body under Article 21 of the Digital Services Act, or go to court.
• Point of contact: our single point of contact for users and for authorities under Articles 11 and 12 of the Digital Services Act is hola@ayudantedigital.es, in English or Spanish.

We are not obliged to monitor all content, and we are not responsible for content posted by users, but we act promptly on valid notices. In the United States, PayPlea relies on the protections of 47 U.S.C. § 230.

If you believe Content infringes your copyright, send a notice to hola@ayudantedigital.es with: your contact details; identification of the work; the location of the infringing material in PayPlea; a statement that you have a good-faith belief the use is not authorised; a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature. This procedure follows the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) and Article 16 of the Digital Services Act. Users may send a counter-notice with the information required by 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers.

Never share passwords, one-time codes, card numbers or bank login details with anyone, and never move to another app because someone pressures you. PayPlea staff will never ask you for them. Use the block and report tools whenever you feel uncomfortable. If you or someone else is in danger, contact local emergency services (112 in the EU, 911 in the United States) first. PayPlea is not an emergency service.

You can stop using PayPlea and delete your account at any time. We may suspend or terminate your account, or restrict access, if you seriously or repeatedly breach these Terms, if required by law or an authority, or to protect users from fraud or harm. Except where urgent action is needed to prevent harm or comply with the law, we will explain our reasons and let you appeal (section 13). We may discontinue PayPlea with at least 30 days’ notice and give you time to export your data.

We provide PayPlea with reasonable skill and care, and we will deliver the service as described. To the extent permitted by law, PayPlea is otherwise provided “as is” and “as available”. We do not guarantee that requests are true, that gifts will reach their goal or be used as described, that external links will work, or that PayPlea will be uninterrupted or error-free. Nothing in PayPlea is financial, legal, tax or medical advice. Your statutory rights as a consumer are not affected.

To the extent permitted by law, Ayudante Digital is not liable for: payments, losses or disputes between users; the acts or omissions of payment providers, Apple, Google or other third parties; content posted by users; or indirect, consequential or loss-of-profit damages. Our total liability to you for all claims relating to PayPlea is limited to the greater of the amount you paid us for Developer Support in the 12 months before the claim, or EUR 100 (US$100).

Nothing in these Terms excludes or limits liability for intent or gross negligence, death or personal injury caused by negligence, fraud, or any other liability that cannot be limited under applicable law, including Spanish consumer law (Royal Legislative Decree 1/2007).

Where permitted by law, you will indemnify Ayudante Digital against claims, losses and reasonable costs (including legal fees) arising from your Content, your requests, the gifts you receive, or your breach of these Terms or of the law. This clause does not apply to consumers to the extent mandatory consumer law prohibits it.

Everyone

Before starting any claim, please write to hola@ayudantedigital.es so that we can try to resolve the matter informally within 60 days.

EU, EEA, UK and Switzerland

These Terms are governed by Spanish law. If you are a consumer, you also benefit from the mandatory protections of the law of the country where you live, and you may bring proceedings in the courts of your place of residence or in Spain. We are not currently committed to any alternative dispute resolution entity for consumer disputes.

United States: arbitration agreement and class-action waiver

If you live in the United States, you and Ayudante Digital agree that any dispute arising from these Terms or PayPlea will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for misuse of intellectual property. The Federal Arbitration Act governs this section. The arbitration may be held by video or in the county where you live. We will pay the filing, administration and arbitrator fees above the amount you would pay to file a claim in court. You and we waive any right to a jury trial and to participate in a class, collective or representative action. You can opt out of this arbitration agreement by emailing hola@ayudantedigital.es within 30 days after you first accept these Terms, with your name and account email. If the class-action waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration. Otherwise these Terms are governed by Spanish law, without prejudice to the mandatory consumer protection laws of your state.

Rest of the world

Spanish law applies and the courts of Spain have jurisdiction, without prejudice to mandatory protections under the law of your country of residence.

If you downloaded PayPlea from the Apple App Store, these Terms are between you and Ayudante Digital, not Apple. Apple’s Licensed Application End User License Agreement also applies. Apple has no obligation to provide maintenance or support for PayPlea. If PayPlea fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law Apple has no other warranty obligation. Apple is not responsible for any claims relating to PayPlea, including product liability, legal or regulatory compliance, consumer protection or intellectual property claims; Ayudante Digitalis responsible for them as set out in these Terms. You confirm that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded PayPlea from Google Play, the Google Play Terms of Service also apply to your use of the store and to in-app purchases.

We may update these Terms to reflect changes in PayPlea or the law. We will give you at least 15 days’ notice of material changes in the App or by email, unless a change is required immediately by law or to address fraud or safety. If you do not agree, you can delete your account before the change takes effect. Continuing to use PayPlea afterwards means you accept the updated Terms.

These Terms, with the documents they reference, are the entire agreement between you and us about PayPlea. If any part is invalid, the rest remains in force. Our failure to enforce a right is not a waiver. You may not transfer your rights under these Terms; we may transfer ours to a successor that continues PayPlea under equivalent terms. These Terms are written in English; where we provide a translation, the English version prevails except where the law of your country requires otherwise.

Ayudante Digital, Spain. Email: hola@ayudantedigital.es.