Terms & Conditions

1. Agreement

These Terms & Conditions (“Terms”) are a binding agreement between you and SplashArk, Inc., a Texas corporation (“SplashArk”, “we”, “us”). They govern your use of the SplashArk apps, websites (including splashark.com and splashark.io), WINTA AI, and all related features (the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services for a business, you confirm you have authority to bind that business, and “you” includes it.

2. Definitions

Buyer: anyone who purchases a product, books a service, buys pay-per-view access or sends a tip.
Seller: anyone who lists a product for sale. Provider: anyone who offers a service. Creator: anyone who streams, broadcasts or offers pay-per-view content. We refer to sellers, providers and creators together as Merchants.
Transaction: any purchase, booking, deposit, invoice, tip or pay-per-view payment made through the Services.
Wallet: your SplashArk balance showing funds received, held and available for payout.
Hold window: the period during which funds from a Transaction are held before release to a Merchant.
Content: anything posted, streamed, uploaded or sent through the Services.

3. Eligibility and accounts

You must be at least 13 years old, or older if your country requires it. If you are under 18 (or the age of majority where you live), a parent or guardian must consent and is responsible for your use.
To sell, offer services, stream pay-per-view content or receive payouts, you must be 18 or older. A minor may sell or offer services only with the verified identity and consent of a parent or guardian through a linked family account. Pay-per-view content is limited to adults.
You may not use the Services if you are barred under the laws of the United States or your country, appear on a government sanctions list, or were previously removed from SplashArk.
Give accurate information and keep it current. Keep your password and one-time codes secret. You’re responsible for activity on your account, and you must tell us immediately if you suspect unauthorized access.
One person, one personal account. Don’t buy, sell, rent or transfer accounts or usernames.

4. Our role

SplashArk provides a platform where people connect, post content, and transact with each other. Unless we clearly say otherwise, SplashArk is not the seller of products, the provider of services, or the producer of streams, and we are not a party to agreements between buyers and Merchants. Merchants are independent: they are not our employees, agents or partners, and they are solely responsible for their listings, prices, quality, delivery, licenses, permits, insurance, taxes and compliance with the law.

To make payments safer, SplashArk and our payment partners may collect payments on a Merchant’s behalf. When a buyer pays through the Services, that payment satisfies the buyer’s obligation to the Merchant for that amount, and the Merchant’s right to be paid is then against the funds released to their Wallet under these Terms.

5. Verification and trust tiers

We use risk-based verification so buyers can trust who they’re dealing with:

Tier 1, casual selling: verified email and phone number.
Tier 2, digital goods, pay-per-view and higher-value selling: Tier 1 plus legal name, date of birth, address, a valid government photo ID, a live selfie matched to the ID, and a verified payout method.
Tier 3, in-person services: Tier 2 plus, where lawful and available (including in the United States), a background check covering criminal records and sex-offender registries. Verified providers show a “Vetted Provider” badge.

Your tier affects hold windows, payout timing and limits. Verification reduces risk but does not guarantee anyone’s identity, conduct or quality. Always use good judgment, especially for in-person services.

6. Payments, wallet and payouts

Processors. Payments are processed by Stripe (cards) and PawaPay (mobile money), subject to their terms. The payment and payout methods available to you depend on your country and on what our payment partners support there. You authorize us and them to charge your chosen method for Transactions you confirm.
Fees. Joining SplashArk is free. Any transaction, payout or currency-conversion fees are shown before you confirm a Transaction or publish a listing. Payment processors or your bank may charge their own fees.
Hold windows and release. Funds are held in your Wallet for a hold window that depends on your trust tier, the Transaction type and risk signals, and are then released for payout unless a dispute, refund, chargeback or investigation is pending.
Reserves and delays. We may delay payouts, set a reserve, or limit your Wallet if we reasonably suspect fraud, a policy breach, elevated dispute risk, or where the law or our payment partners require it. We’ll tell you why, unless the law or an investigation prevents it.
Chargebacks and negative balances. If a Transaction is reversed, charged back or refunded, we may deduct the amount and related fees from your Wallet or future payouts. You agree to repay any negative balance.
Taxes. Merchants are responsible for determining, collecting, reporting and paying taxes on their sales. Where the law requires, we may collect tax information, issue tax forms, or collect and remit taxes.
Off-platform payments. Asking buyers to pay outside SplashArk to avoid fees or protections is prohibited. Transactions paid outside the Services are not covered by buyer protection, hold windows or dispute handling.
In-app credits. Credits earned through referral or promotional programs have no cash value, cannot be transferred or withdrawn, and are subject to the program terms. They cannot be used for pay-per-view or tips.
Payouts. Payouts go to the verified bank account or mobile-money wallet in your name. Unclaimed balances are handled as required by applicable unclaimed-property laws.

7. Buying and booking

Before you pay, read the listing, the price, delivery or service details, and the Merchant’s refund policy. When you confirm, you enter into a contract directly with the Merchant. Provide an accurate delivery address or service location, be available for delivery or appointments, and use in-app messaging so there’s a record if something goes wrong.

8. Selling products

Only list items you have the right to sell and can deliver. Listings must be accurate and complete, including condition, price, delivery costs and times, and your refund policy.
Ship on time using the delivery method you described, and upload tracking where available. Digital products must be delivered as described, with any license terms stated in the listing.
Selling areas. Geo-fencing lets you choose to sell locally, in multiple cities, nationwide or internationally. You are responsible for complying with the laws of every place you sell to, including consumer protection, import and export rules, customs duties, product safety and labeling.
Honor your stated refund policy, and any rights buyers have under local consumer law, which your policy cannot reduce.

9. Offering services

Services may be delivered virtually (for example through in-app video calls) or in person at the customer’s location or yours.
Describe your service, price, deposit, duration, service area and cancellation terms clearly. Accept or decline requests promptly, confirm the date, time and location, and show up as agreed.
Hold any licenses, permits, qualifications and insurance your service requires where you work. Regulated services, such as legal, medical, financial or security work, may be offered only by properly licensed people and only where permitted.
Repeated no-shows, late cancellations or failure to deliver may lead to forfeited deposits, refunds to customers, lower visibility, or suspension.
For in-person services, both parties must behave safely and respectfully. Report any safety concern immediately.

10. Live streaming, broadcast, pay-per-view and tips

Live streams, HLS broadcasts and pay-per-view content must follow the Community Guidelines. We may interrupt or end a stream that breaks them.
You must hold all rights, licenses and permissions for what you broadcast, including music, performances, footage and the appearance of other people. Everyone who appears in pay-per-view content must be an adult who has given consent, and creators must keep records of that consent and provide them to us on request.
Pay-per-view buyers get access as described in the listing, for personal, non-commercial viewing only. Recording, re-streaming or sharing paid content without permission is prohibited.
If a paid live event is canceled or fails for reasons within the creator’s control, buyers are entitled to a refund. Tips are voluntary and generally non-refundable, except in cases of fraud or unauthorized payment.

11. Refunds and buyer protection

Every Merchant sets a refund policy, which buyers see before paying. In addition, when you pay through SplashArk, you may be eligible for a refund if:

the item or service was not delivered;
what you received is significantly different from the listing;
the payment was unauthorized, duplicated or failed but was still charged; or
a paid live event did not take place as described.

Open a request in the app within 14 days of the expected delivery or service date. Where funds are still in a hold window, refunds can be made before the Merchant is paid. Approved refunds go back to the original payment method where possible; timing depends on the processor and your bank, usually within 10 business days. Please contact us before starting a chargeback, so we can help faster. Nothing in these Terms limits any refund or cancellation rights you have under the consumer law of your country.

12. Disputes between users

Talk first. Message the other party in the app and try to resolve it.
Open a dispute. If that doesn’t work within 3 days, open a dispute in the app. Related funds remain on hold.
Share evidence. Both sides can submit photos, tracking, messages and other evidence. We may ask for more.
Decision. We review the evidence and decide how held funds are handled: release to the Merchant, full or partial refund to the buyer, or another fair outcome.
Appeal. Either party can appeal once within 7 days with new information. A different reviewer handles the appeal.

Our decisions govern funds held on the platform but do not stop either party from pursuing other legal remedies against each other.

13. Your content

You keep ownership of your Content. You grant SplashArk a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, adapt (for example, to format or translate), display, perform, distribute and promote your Content in connection with operating, improving and marketing the Services. This license ends when you delete the Content or your account, except for Content others have shared or that we must keep for legal, safety or dispute reasons, and backup copies deleted in the normal course.

You are responsible for your Content and confirm you have the rights to post it. If you give us feedback or suggestions, we may use them without obligation to you.

14. Community Guidelines

SplashArk is for everyone. Treat people with respect and do business honestly. You must not post, stream, send or promote:

Sexual content: nudity, pornography, sexual services or sexually explicit material, including in pay-per-view.
Hate and harassment: attacks, threats, bullying or discrimination based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, age or other protected characteristics.
Violence and dangerous acts: threats, incitement, glorification of violence, terrorism, self-harm promotion or graphic gore.
Fraud and scams: fake listings, phishing, pyramid schemes, fake reviews, impersonation, fee circumvention or manipulating ratings.
Privacy violations: sharing others' personal information, intimate images or recordings without consent.
Misleading information that could cause real-world harm, including health and financial scams.
Spam and malware: bulk unsolicited messages, malicious links, bots, scraping, or attempts to break into accounts or systems.
Intellectual-property infringement.

Report anything that breaks these rules using the Report button on any profile, post, listing, message or stream.

15. Prohibited items and services

You may not list, sell, advertise or offer: weapons, ammunition and explosives; illegal drugs, controlled substances and drug paraphernalia; prescription medicines except where lawfully licensed; alcohol and tobacco where prohibited or without required licenses; counterfeit, stolen or pirated goods; human remains, body parts or bodily fluids; endangered wildlife and related products; hazardous materials; government IDs, documents or financial instruments; gambling services where unlicensed; adult or sexual services; services involving the exploitation of any person; recalled or unsafe products; and anything else illegal where you or the buyer are located. We may update this list, and local law always applies.

16. Child Safety Standard

SplashArk has zero tolerance for child sexual abuse and exploitation (CSAE), including child sexual abuse material (CSAM), grooming, sextortion and trafficking, across the feed, marketplace, services, messaging, live streams and pay-per-view.

Detection: uploaded images and videos, including in messages, profiles, listings and pay-per-view, are checked against industry hash databases of known CSAM. We also use classifiers, keyword and behavior signals to detect new abuse and grooming patterns, with trained human review.
Action: confirmed CSAM is removed, preserved as required by law, the account is permanently banned, and a report is filed with NCMEC and other competent authorities. Suspected grooming leads to immediate suspension pending investigation.
Protections for minors: minors cannot send money to, or receive money from, adults outside a linked family account; adults cannot send unsolicited messages to minors they don’t know; and in-person services involving children require Tier 3 vetted providers.
Governance: a designated child-safety lead oversees this standard, new features undergo a child-safety risk assessment before launch, and we will publish regular transparency information.
Report it: use the Report button and choose “Child safety concern”. These reports go to a priority queue for urgent review. Our designated child-safety point of contact can be reached at info@splashark.com (subject line “Child safety”). You can also report to NCMEC’s CyberTipline or your local police, and victims can use StopNCII.org to help stop the spread of intimate images.

17. Intellectual property

SplashArk’s name, logos, apps, software, designs and content (excluding user Content) belong to SplashArk or its licensors. We grant you a limited, personal, revocable, non-transferable license to use the apps as intended. Don’t copy, modify, reverse engineer, scrape or resell the Services, or use our brand without written permission.

Copyright and trademark complaints. If you believe Content infringes your rights, send us: your contact details; a description of the work or mark; the location of the infringing Content; a statement that you have a good-faith belief the use isn’t authorized; a statement, under penalty of perjury, that your notice is accurate and you are the owner or authorized to act; and your physical or electronic signature. Send it to our designated agent at info@splashark.com (subject line “Copyright notice”) or by mail to our address in section 28. People whose Content is removed may file a counter-notice. We terminate the accounts of repeat infringers.

18. WINTA AI

WINTA AI can answer questions, suggest prices, draft descriptions and guide you through the Services. Its answers are generated automatically and may be inaccurate or incomplete. They are not legal, tax, financial or professional advice. You remain responsible for your listings, prices and decisions. Don’t use WINTA to create content that breaks these Terms.

19. Enforcement and appeals

If you break these Terms or the law, or create risk for others or for SplashArk, we may remove Content, limit features, reduce visibility, hold funds related to the violation, suspend or terminate your account, and report you to authorities. We tell you what we did and why, unless the law, safety or an investigation prevents it. You can appeal any enforcement decision in the app or at info@splashark.com within 30 days, and a person who wasn’t involved in the original decision will review it.

You can close your account at any time. Pending Transactions, disputes and payouts will be completed or resolved under these Terms. Sections that by their nature should survive termination will survive, including those on payments owed, content licenses already granted, disclaimers, liability, indemnity and dispute resolution.

20. Third-party services

The Services include or link to services we don’t control, such as Stripe, PawaPay, app stores and external websites. Their own terms and privacy policies apply, and we are not responsible for them.

21. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available”. SplashArk disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not guarantee the quality, safety, legality or accuracy of any user, listing, product, service or stream, or that the Services will be uninterrupted or error-free.

Some countries don’t allow these disclaimers, so they apply only as far as your local law permits. Your statutory consumer rights are not affected.

22. Limitation of liability

To the fullest extent permitted by law, SplashArk and its affiliates, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Services or these Terms. Our total liability for all claims relating to the Services is limited to the greater of (a) the fees you paid to SplashArk in the 12 months before the event giving rise to the claim, or (b) US$100.

These limits do not apply to liability that cannot be limited by law, such as liability for our fraud or gross negligence, or for death or personal injury caused by our negligence, where the law does not allow it to be limited.

23. Indemnity

If you are using the Services as a Merchant or for business purposes, you agree to defend, indemnify and hold harmless SplashArk and its affiliates, officers, employees and agents from claims, losses, liabilities and expenses (including reasonable legal fees) arising from your Content, your listings, products, services or streams, your Transactions, or your breach of these Terms or the law. Consumers are responsible for their breaches only to the extent their local law allows.

24. Disputes with SplashArk

Informal resolution first. Before filing a claim, send a written notice describing the dispute and the relief you want to info@splashark.com (subject line “Legal notice”). We’ll try to resolve it within 60 days.

Users in the United States: binding individual arbitration. If we can’t resolve it, you and SplashArk agree to resolve any dispute arising from these Terms or the Services by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, under the Federal Arbitration Act. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief for intellectual-property misuse. The arbitration will take place in the county where you live or by video, and SplashArk will pay the filing and arbitrator fees beyond what you’d pay to file in court, unless the arbitrator finds your claim frivolous.

Class-action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. If this waiver is found unenforceable for a claim, that claim will proceed in court, not arbitration.

30-day opt-out. You can opt out of arbitration by emailing info@splashark.com with the subject line “Arbitration opt-out”, including your name and username, within 30 days of first accepting these Terms.

Users outside the United States. The arbitration agreement does not apply to you. You may bring claims in the courts of the country where you live, and you keep all protections of your local consumer law.

25. Governing law

These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to section 24, disputes not subject to arbitration will be heard in the state or federal courts located in Harris County, Texas. If you are a consumer living outside the United States, the mandatory laws of your country still apply, and you can bring claims in your local courts.

26. Changes

We may update these Terms as the Services and the law evolve. For material changes, we’ll notify you in the app or by email at least 30 days before they take effect, unless a faster change is required for legal or safety reasons. If you keep using the Services after that, the updated Terms apply. If you don’t agree, you can close your account.

27. General terms

Entire agreement: these Terms, the Privacy Policy and any feature-specific terms we show you are the whole agreement between us about the Services.
Severability: if any provision is unenforceable, the rest remains in effect.
No waiver: if we don’t enforce a provision right away, we haven’t given up the right to enforce it later.
Assignment: you may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
Force majeure: we aren’t responsible for delays or failures caused by events beyond our reasonable control, such as network outages, natural disasters or government action.
Language: if we provide a translation, the English version controls to the extent permitted by law.
Notices: we may send notices through the app or to the email address on your account.

28. Contact

SplashArk, Inc., 7600 Sterling Springs Lane, Katy, TX 77493, United States. Email: info@splashark.com. You can also use our contact form.