[{"data":1,"prerenderedAt":362},["ShallowReactive",2],{"page:en:terms":3},[4],{"id":5,"title":6,"body":7,"description":18,"extension":353,"meta":354,"navigation":355,"path":356,"seo":357,"stem":360,"__hash__":361},"page\u002Fen\u002Fterms.md","Terms and Conditions",{"type":8,"value":9,"toc":324},"minimark",[10,15,19,22,27,30,49,53,58,61,65,68,71,74,78,81,85,88,91,94,98,107,111,114,117,120,124,127,131,134,138,141,147,157,160,163,166,172,176,182,186,190,193,196,199,202,206,209,212,215,218,221,225,228,231,234,237,240,244,247,250,253,256,260,263,269,272,275,278,282,285,288,291,294,297,300,303,307,310,314,317,321],[11,12,14],"h1",{"id":13},"spun-creator-terms","Spun Creator Terms",[16,17,18],"p",{},"Last updated: Nov 4, 2026",[16,20,21],{},"These Spun Creator Terms (these “Terms”) are an agreement between you and Spun Labs Inc. (“Spun,” “we,” “us”). Part A covers your use of the Spun app and website (the “App”) and your Spun payment card (the “Spun Card”). Part B sets out how Spun funds you under the Spun Master Receivables Purchase Agreement (the “Purchase Agreement”) and what Spun buys in return. These Terms and the Purchase Agreement form one agreement. You accept Part A and Part B together when you click “I agree” during onboarding, and you sign the Purchase Agreement separately. Receiving an Advance under the Purchase Agreement, confirming a debit, giving the Debit Authorization or using your Spun Card each constitutes a transaction under these Terms, not a new agreement. Section 9 requires most disputes to be resolved by individual arbitration rather than in court or as a class action, unless you opt out within 30 days.",[23,24,26],"h2",{"id":25},"summary","Summary",[16,28,29],{},"This summary is for convenience. The full Terms below control.",[31,32,33,37,40,43,46],"ul",{},[34,35,36],"li",{},"Under the Purchase Agreement, Spun funds your Spun Card automatically each business day with an amount based on its estimate of what you earned from your Covered Sources, within limits based on payouts you have actually received, to use in your creator business.",[34,38,39],{},"When Spun funds an Advance, you sell Spun the right to collect an amount of the payouts you receive from your Covered Sources during that Advance's Collection Window that are not already sold under an earlier open Advance, up to the Advance Amount.",[34,41,42],{},"You pay no fees, interest, or tips. If your payouts come in short, that is Spun's loss. If they come in higher, the extra is yours once any other open Advance is covered.",[34,44,45],{},"Unless you break these Terms or commit fraud (Sections 6(b) and 17), the only money Spun can collect from you is from Purchased Receipts you actually received and have not yet passed along. Spun collects these automatically from your business bank account after they arrive and you report and pass along any that are paid into another account.",[34,47,48],{},"Spun earns money from interchange fees that merchants’ banks pay when you use your Spun Card, a share of which is paid to Spun. You pay Spun no fees or charges.",[23,50,52],{"id":51},"part-a-platform-terms","Part A. Platform Terms",[54,55,57],"h3",{"id":56},"_1-eligibility-and-your-account","1. Eligibility and your account",[16,59,60],{},"You must be at least 18, live in or be organized in a U.S. state where Spun offers Advances, and have a U.S. business bank account, held in your legal name (or, if you are a sole proprietor, in a trade name registered to you), into which your Covered Sources pay you (your “Linked Account”). A personal or consumer account, or an account held in the name of any other person (including, if you are an entity, your owner), cannot be your Linked Account. If you are a sole proprietor, you may not use Spun if you reside or have your principal place of business in Connecticut or Maryland. If you accept on behalf of a company or other entity, you confirm you have authority to bind it. In that case, “you” means that company or entity. Keep your information accurate and current, keep your login credentials confidential, and tell us promptly about any unauthorized use. Instructions we receive through your login or device are treated as yours. You may have only one Spun account. A manager, label, distributor, platform, or other party may set up your account for you to review and accept, and a party you approve in the App (an “Account Manager”) may administer it and upload statements and other information about you, using its own login and only within the permissions shown in the App. We will let you see and end an Account Manager's access in the App. Only you, or a person with legal authority to act for you, may accept these Terms, sign the Purchase Agreement, pause or resume Advances, or give the Debit Authorization under Section 15(a), and the Debit Authorization must be given by a person authorized to approve debits from the Linked Account, as applicable law and payment network rules require. Being an Account Manager does not by itself give that authority. An Account Manager may not view your Spun Card credentials or change your Linked Account. You confirm that you are not on any U.S. government sanctions or restricted-party list. You authorize us and our service providers to verify your identity and the information you give us, and you will provide information we reasonably request for that purpose. Spun offers Advances only to fund your creator business. You will use Advances primarily for your creator business and not primarily for personal, family, or household purposes. You confirm that the Covered Receipts are income of your creator business, earned from the commercial exploitation of your content and not from wages, gifts, or personal or household activity and you are carrying on your creator business to earn income, whether or not you have formed an entity, registered a trade name, or have any other source of income.",[54,62,64],{"id":63},"_2-covered-sources-and-your-data","2. Covered Sources and your data",[16,66,67],{},"(a) During onboarding you identify the platforms, distributors, networks, and other payers of your creator income that you want Spun to work with and give us historical payout statements for them. When you add a Covered Source, tell us about any existing advance, pledge, or other arrangement that reduces or redirects its payouts to you. The payers listed in your account are your “Covered Sources.” You may add Covered Sources at any time, and a payment from an added Covered Source is a Covered Receipt only if credited after it is added. You may add a payer as a Covered Source only if you are its payee of record, meaning the person or entity it is obligated to pay. A Covered Source must be a payer of royalties, license fees, or similar payments for the use or exploitation of your content. Payments for services you perform, such as brand deals, sponsorships, session work, or fees for live performances, are not Covered Receipts. Section 16(e) applies before you move content to a new payer, and our approval of a payer under Section 16(e) does not extend any Collection Window or make you responsible for what that payer pays. A removal takes effect when your open Collection Windows for that source end.",[16,69,70],{},"(b) You authorize us to collect and use your identity, contact, and bank account information and the statements, payout records, and streaming, viewing, and other activity data that you or an Account Manager provide or that you authorize us to access, to calculate your Available Amount and Earnings Estimates under the Purchase Agreement, estimate your payouts, administer Advances, and operate the App, including verifying that information, identifying Covered Receipts, and providing analytics and insights about your income, as described in our privacy policy at spunlabs.co\u002Fprivacy (the “Privacy Policy”). You confirm you have the right to share that data. You may let us access your bank account or Covered Source data through a read-only connection offered by a service provider we choose. We do not promise to connect to your bank, your Covered Sources, or any data feed, or that a connection will always be available or complete.",[16,72,73],{},"(c) You keep all rights in your music, videos, channels, and other content. These Terms give Spun no license to or ownership of any of it.",[54,75,77],{"id":76},"_3-spun-card","3. Spun Card",[16,79,80],{},"Spun is a financial technology company, not a bank. The Spun Card is a Visa commercial card issued by Increase Bank, Member FDIC (the “Bank”), pursuant to a license from Visa U.S.A. Inc. The card draws on a business account that Spun owns at the Bank, and you are an authorized cardholder on that account. You do not have your own account with the Bank through Spun, and funds available on the Spun Card are not deposits held for you and are subject to Section 11(c). Your use of the card is also subject to any cardholder terms the Bank requires you to accept when you activate it (the “Cardholder Terms”), which are between you and the Bank. These Terms do not change the Cardholder Terms, and the Bank is not a party to these Terms. You may use the Spun Card only for your creator business, only as these Terms and the Cardholder Terms allow, and not for cash withdrawals, gambling, digital asset purchases, or any other use the Bank or payment network rules prohibit. Spun may set spending limits and block categories of merchants. Declined, disputed, and unauthorized transactions are handled under the Cardholder Terms and payment network rules, and you will report a lost or stolen card or an unauthorized transaction to Spun promptly. As between you and Spun, card purchases are paid from your Advances, and you do not owe Spun for any Spun Card transaction unless you caused it fraudulently or it was made by someone you allowed to use your card. This does not affect your obligation to pass along Unremitted Receipts under Part B.",[54,82,84],{"id":83},"_4-app-license-and-acceptable-use","4. App license and acceptable use",[16,86,87],{},"(a) Lawful use. Use the App and the Spun Card only as these Terms and the Cardholder Terms allow and only for lawful purposes. Do not give us false information, manipulate streams, views, or payout data, use another person's account (other than as an Account Manager that person has approved under Section 1), or infringe or violate anyone else's rights, including by sharing data or statements you are not entitled to share. You will comply with all laws that apply to your use of the App, the Spun Card, and Advances, and you will not use them for fraud, money laundering, sanctions evasion, or any other unlawful purpose.",[16,89,90],{},"(b) Security. Do not, and do not help anyone else to: access the App by bots, scrapers, or other automated means, except through tools we make available; copy, reverse engineer, decompile, or try to extract the source code, models, or prediction methods of the App, except as the law expressly allows; probe, scan, or test the vulnerability of the App or bypass any security measure, rate limit, or access control; introduce malware or interfere with or overload the App; or access any account, data, or system you are not authorized to access. Tell us promptly if you learn of a security issue affecting your account.",[16,92,93],{},"(c) Spun's rights. Spun and its licensors own the App and its software, prediction models, content, and trademarks. Subject to these Terms, Spun gives you a limited, personal, nonexclusive, nontransferable, revocable license to use the App for your own use while your account is open. These Terms give you no other rights in the App. You may not sell, sublicense, or give anyone else access to the App (other than an Account Manager under Section 1), or use it to build a competing product. If you give us feedback or suggestions, we may use them without obligation to you.",[54,95,97],{"id":96},"_5-electronic-records","5. Electronic records",[16,99,100,101,106],{},"You agree to receive these Terms, each Advance record, debit authorizations and confirmations, statements, and notices electronically through the App and at your email address. To access them you need a current web browser or the App on a supported device, an email account, and software that displays PDF files. Keep your email address current in the App. You may request a free paper copy of any record, or withdraw this consent, by emailing ",[102,103,105],"a",{"href":104},"mailto:support@spunlabs.co","support@spunlabs.co","; if you withdraw it, we may be unable to continue offering Advances. If our access requirements change in a way that could keep you from accessing records, we will tell you, and you may withdraw this consent at no charge. If you close your App account, we will email notices for any open Advances.",[54,108,110],{"id":109},"_6-disclaimers-liability-and-indemnity","6. Disclaimers, liability, and indemnity",[16,112,113],{},"(a) Disclaimers and limits. The App and our predictions are provided as is and as available, without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent the law allows. We do not promise that the App will be uninterrupted, error-free, or secure, and we are not responsible for the acts, policies, or availability of your Covered Sources, the Bank, or other third-party service providers. Predictions, projections, analytics, insights, and expected earnings shown in the App are estimates, not promises about your income, not amounts we owe you, and not financial, investment, tax, or legal advice. To the extent the law allows, Spun and its affiliates, officers, directors, employees, and agents will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, royalties, opportunities, data, or goodwill, arising out of or relating to these Terms, the App, the Spun Card, or any Advance, whether the claim is based on contract, tort (including negligence), strict liability, statute, or any other theory, and even if Spun was told such damages were possible. Spun's total liability to you for all such claims combined will not exceed $100. These limits apply even if a remedy fails of its essential purpose. These limits do not apply to amounts Spun must pay or return to you under Part B, to Spun's fraud, gross negligence, or willful misconduct, or to any other liability that applicable law does not allow to be excluded or limited.",[16,115,116],{},"(b) Your indemnity. You will defend, indemnify, and hold harmless Spun and its affiliates, successors, assigns, officers, directors, employees, and agents from any claim, demand, or proceeding by a third party, including a government authority, a Covered Source, or a person claiming an interest in your Covered Receipts (a “Third-Party Claim”), and from the resulting losses, damages, fines, settlements, and reasonable attorneys' fees and costs, to the extent the Third-Party Claim arises from (i) your breach of these Terms, including any inaccurate statement or broken promise in Section 16, (ii) your violation of law, (iii) your infringement or violation of anyone else's rights, including privacy and intellectual property rights, or (iv) acts of an Account Manager that you authorized.",[16,118,119],{},"(c) Indemnity limits and process. Section 6(b) covers only Third-Party Claims, not claims between you and Spun, which the rest of these Terms govern. It does not cover a Shortfall or other loss that Section 13(e) protects, or any obligation that applicable law does not allow you to assume. It also does not apply to the extent a Third-Party Claim arises from Spun's own breach, negligence, misconduct, or violation of law. Spun will tell you promptly about a Third-Party Claim (a delay reduces your obligation only to the extent it harms you), may control the defense with counsel of its choice, and will keep you informed; you may participate with your own counsel at your own cost, and you will cooperate reasonably. Spun will not settle a Third-Party Claim in a way that requires you to pay money or admit fault without your consent, which you will not unreasonably withhold.",[54,121,123],{"id":122},"_7-suspension-and-ending","7. Suspension and ending",[16,125,126],{},"You may stop taking Advances or close your account at any time. Except as the Purchase Agreement requires during its Commitment Period, we may decline to offer an Advance, lower or withdraw your Available Amount, or suspend or close your account at any time, including if we believe you have broken these Terms, if the law, the Bank, or our third party service providers require it, or to protect you, Spun, or the App from fraud or security risks. Ending the relationship does not end an open Advance. These Terms continue to apply to each open Advance until it closes and any amount owed either way has been paid. Sections 4(c), 6, 9, and 10, and Part B as to any Advance or amount still owed either way, continue to apply after your account closes.",[54,128,130],{"id":129},"_8-changes","8. Changes",[16,132,133],{},"We may change these Terms for future Advances by posting the new version in the App at least 30 days before it takes effect, with a new “Last updated” date. A change that materially affects your rights or obligations applies only after you accept it in the App. No change affects an Advance already made unless you agree. A change to Section 9 does not apply to a dispute that either of us gave notice of before the change took effect.",[54,135,137],{"id":136},"_9-governing-law-and-disputes","9. Governing law and disputes",[16,139,140],{},"(a) Governing law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and applicable federal law. This choice does not take away protections that the law of the state where you live gives you and that cannot be waived by agreement. The Federal Arbitration Act governs this Section 9.",[16,142,143,144,146],{},"(b) Informal resolution first. Before starting an arbitration or small-claims case, the party with a claim will send the other a written notice describing the claim and the relief sought (to ",[102,145,105],{"href":104}," for Spun, or to your account email for you), and we will both try in good faith to resolve it for 30 days. Deadlines to bring the claim are paused during that period.",[16,148,149,150,156],{},"(c) Arbitration. Except as Sections 9(e), 9(f) and 9(g) provide, any dispute or claim between you and Spun arising out of or relating to these Terms, the App, the Spun Card, or any Advance, including whether a dispute must be arbitrated, will be resolved by binding individual arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules then in effect (available at ",[102,151,155],{"href":152,"rel":153},"http:\u002F\u002Fwww.adr.org",[154],"nofollow","www.adr.org","), as modified by this Section 9. The arbitrator may award the same individual relief a court could award and must give a written decision explaining the essential reasons. Hearings follow the AAA rules, which provide for documents-only proceedings for smaller claims and video hearings by default; any in-person hearing will take place in the county where you live or, if you are an entity, where your principal place of business is located, unless we agree otherwise. By agreeing to arbitrate, you and Spun each give up the right to a court or jury trial on claims that are arbitrated.",[16,158,159],{},"(d) Fees. Filing, administration, and arbitrator fees will follow the AAA Consumer Arbitration Fee Schedule. If the AAA applies a different fee schedule, Spun will pay any amount by which your share would exceed what you would pay under the consumer schedule. Each of us pays our own attorneys' fees and costs, except that the arbitrator may award you fees and costs that applicable law allows. If your principal place of business is in Virginia, Spun will pay all arbitrator fees and administrative expenses of the arbitration.",[16,161,162],{},"(e) Exceptions. Either of us may bring an individual claim in small-claims court if it qualifies. Nothing in this Section 9 prevents you from reporting a concern to a government agency, or waives your right to seek public injunctive relief or any other relief that applicable law does not allow to be waived or required to be arbitrated. A request for public injunctive relief will be decided by a court, not an arbitrator, after any related individual claims are arbitrated, and the court case will be paused until then. This Section 9 does not apply to the extent applicable law prohibits it.",[16,164,165],{},"(f) Individual claims only. You and Spun may bring claims against each other only individually, not as a plaintiff or class member in any class, collective, or representative proceeding, and the arbitrator may not combine more than one person's claims or award relief to anyone other than the individual parties. Where the AAA's Mass Arbitration Supplementary Rules apply, the AAA may administer similar cases together under those rules, but each claim remains individual. If a court decides that this paragraph is unenforceable for a particular claim or request for relief, that claim or request (and only that one) will proceed in court, not in arbitration, after any arbitrable claims are resolved. A court, not an arbitrator, decides any dispute about the validity or enforceability of this paragraph, Section 9(e), or Section 9(g).",[16,167,168,169,171],{},"(g) Opting out and courts. You may opt out of arbitration under this Section 9 by emailing ",[102,170,105],{"href":104}," from your account email within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms. A claim that is not arbitrated will be brought in the state or federal courts in New York County, New York, or in a court where you live, and each of us consents to personal jurisdiction there; this does not override any law that requires a claim against you to be brought where you live.",[54,173,175],{"id":174},"_10-general","10. General",[16,177,178,179,181],{},"We may assign these Terms or any Advance; the assignee takes them subject to your rights. You may not assign these Terms. These Terms, the Purchase Agreement, the Privacy Policy, and each Advance record are the entire agreement between you and Spun about the App, the Spun Card, and Advances; the Cardholder Terms are your separate agreement with the Bank. If an Advance record or a screen in the App conflicts with these Terms, these Terms control. Where the Purchase Agreement says that it controls over these Terms, it does. Notices to you go to the email address in your account; notices to us go to ",[102,180,105],{"href":104},". If part of these Terms is unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it. These Terms do not make Spun your partner, agent, employer, or fiduciary, and no one other than you, Spun, Spun's assignees, and the persons Section 6(b) protects has rights under them. Neither of us is liable for a delay or failure caused by events beyond our reasonable control, but this does not excuse an obligation to pay, pass along, or return money. In these Terms, “including” means “including without limitation,” and headings and the Summary are for convenience only. “Business day” has the meaning given to “Business Day” in the Purchase Agreement. Nothing in these Terms waives a right that applicable law does not allow you to waive.",[23,183,185],{"id":184},"part-b-funding-terms","Part B. Funding Terms",[54,187,189],{"id":188},"_11-what-spun-offers","11. What Spun offers",[16,191,192],{},"(a) Spun makes Advances only under the Purchase Agreement. Your “Available Amount” is your Available Capacity under the Purchase Agreement, which the App shows and which changes as your Covered Receipts and open Advance Amounts change. Spun's commitment to fund you, and the limits and conditions that apply to it, are set out in the Purchase Agreement.",[16,194,195],{},"(b) Spun makes an Advance automatically for each business day under the Purchase Agreement, in the Daily Funding Amount it describes. That amount is based on Spun’s estimate of what you earned from your Covered Sources since the last Advance, with a minimum based on your recent payouts, and is limited by your Available Amount. You may pause and resume automatic Advances in the App at any time. Pausing stops future Advances and does not cancel an Advance already made. If your Spun Card spending shows that Advances are being used primarily for personal, family, or household purposes rather than for your creator business, that is a breach of these Terms, and we may suspend Advances as the Purchase Agreement allows. We will tell you in the App. Each funding is a separate “Advance,” and Spun makes its amount (the “Advance Amount”) available for purchases with your Spun Card. Each Advance has its own record in the App showing its Advance Amount, funding time, Collection Window, and the estimate used to calculate it, and we will notify you in the App on the same day of each Advance, including your total open Advance Amounts.",[16,197,198],{},"(c) You may use the balance on your Spun Card as the Cardholder Terms allow. You cannot withdraw it as cash. All Advances are pooled into a single card balance, and purchases, refunds, and reversals are not attributed to any particular Advance. Spun pays the purchase price of each Advance when it makes the Advance Amount available, subject to cancellation under this Section 11(c), and collecting Purchased Receipts does not reduce your card balance. Spun pays merchants on your behalf as you use the card. Your unspent card balance is purchase price that Spun has paid. It is not a deposit, does not earn interest, and is not insured by the FDIC on your behalf. Your unspent card balance may not exceed the Card Balance Limit stated in the Purchase Agreement, and Spun will not make an Advance that would cause it to. Your “Collected Balance” at any time is the amount, if any, by which the Purchased Receipts Spun has received for all Advances exceed your total net Spun Card spending (purchases less refunds and reversals, plus amounts Spun has paid you under this Section 11(c)), but not more than your unspent card balance. If your Spun Card is closed or your account is closed: (i) Spun will pay your Collected Balance, less any Unremitted Receipts then past due (which it will apply to them), to your Linked Account within 5 business days, or, if your Linked Account is closed, to another business account in your legal name that you designate in the App; and (ii) the rest of your unspent card balance is cancelled, and the Advance Amounts of your Advances are reduced by the cancelled amount, first for open Advances starting with the most recent (but not below each Advance’s Purchased Receipts) and then for closed Advances with a Shortfall (reducing the Shortfall). Spun gives up its right to any Purchased Receipts that the reduction removes, and you owe nothing for the cancelled amount. If your Spun Card has no purchase activity for 180 consecutive days, Spun will pay your Collected Balance to you in the same way, and the rest of your card balance remains available on your Spun Card. Amounts held for pending card transactions are not unspent until the hold is released.",[16,200,201],{},"(d) Each Advance is a purchase described in Section 12. You and Spun intend each Advance to be an absolute and irrevocable sale of the Purchased Receipts, giving Spun full ownership of them, and not a loan or a transfer for security. Each Advance has no fixed repayment amount, payment schedule, or maturity date, the amount Spun collects depends entirely on what your Covered Sources actually pay during the Collection Window. Spun bears the risk that they pay less than the Advance Amount or nothing at all. Spun does not set the Advance Amount based on your credit score and does not report Advances to consumer reporting agencies.",[54,203,205],{"id":204},"_12-what-you-sell","12. What you sell",[16,207,208],{},"(a) When Spun funds an Advance, you sell and assign to Spun, and Spun buys from you, the Purchased Receipts for that Advance. This sale includes your right to receive from each Covered Source the payments it owes you, and their proceeds, but only to the extent paid during that Advance's Collection Window. Spun may notify a Covered Source of the sale, but will direct a Covered Source to pay Purchased Receipts to Spun only if you agree to direct payment under Section 14(b) or after you fail to pass along Unremitted Receipts as Section 14(a) or Section 15(c) requires or breach Section 16(a), (b), or (c), and you will sign any letter of direction a Covered Source reasonably requires for that purpose. “Covered Receipts” are payments a Covered Source makes to you that are credited to your Linked Account or any other account of yours, whenever earned. Covered Receipts never include wages or salary from an employer or payments for services you perform. The “Collection Window” of an Advance runs from the time Spun funds it until 11:59 p.m. Pacific time on the last day of the Collection Window period stated in Schedule 1 to the Purchase Agreement.",[16,210,211],{},"(b) The “Purchased Receipts” of an Advance are the Covered Receipts credited after Spun funds the Advance and before its Collection Window ends that are matched to it under Section 12(c), until the Purchased Receipts of that Advance equal its Advance Amount.",[16,213,214],{},"(c) Each Covered Receipt is matched once, when it is credited: first to your oldest open Advance that Spun funded before the credit and whose Collection Window has not ended, up to the amount still needed to bring that Advance's Purchased Receipts to its Advance Amount; then to the next oldest; and so on. Any part of a Covered Receipt not matched to an Advance is yours to keep. An Advance closes when its Purchased Receipts equal its Advance Amount or its Collection Window ends, whichever comes first.",[16,216,217],{},"(d) Purchased Receipts belong to Spun from the moment they are credited to you. “Unremitted Receipts” means your total Purchased Receipts for all Advances, less the net amount Spun has received under Section 14 by any method (counting a debit only once it settles, and subtracting any debit that is returned or reversed and any amount Spun has returned to you), but not below zero.",[16,219,220],{},"(e) If a Covered Source reverses or reclaims a Covered Receipt before the Collection Window of the Advance it was matched to ends, the reclaimed amount stops being a Purchased Receipt. A closed Advance does not reopen. Section 14(b) governs any return to you.",[54,222,224],{"id":223},"_13-what-you-never-owe","13. What you never owe",[16,226,227],{},"(a) You pay no fee, interest, tip, discount, or other charge for the Spun Card or any Advance. Interchange the Bank shares with Spun is paid by the merchant’s bank, not by you, and is not a charge to you.",[16,229,230],{},"(b) Except as Section 17(a) allows, you never have to repay an Advance Amount, and Spun collects only Purchased Receipts you actually received. If, when an Advance closes and after any adjustment under Section 11(c) or 12(e), its Purchased Receipts are less than its Advance Amount, the difference (a “Shortfall”) is Spun's loss. A Shortfall never includes Purchased Receipts you received but have not passed along; those remain Unremitted Receipts. Spun will not treat a Shortfall as a debt or place it with or sell it to anyone for collection.",[16,232,233],{},"(c) Apart from Spun's remedies for breach in Section 17 and your obligations under Section 6(b), your only payment obligation under these Terms is to pass along Unremitted Receipts under Section 14.",[16,235,236],{},"(d) Example, assuming no other open Advance. Spun funds a $100 Advance. If your Covered Sources pay you $90 during its Collection Window, you pass along $90 and Spun absorbs the $10 Shortfall. If they pay you $110, you pass along $100 and keep $10. If they pay you nothing, you owe nothing.",[16,238,239],{},"(e) Ordinary Shortfalls. Notwithstanding the foregoing or anything else in these Terms, including Sections 6(b) and 17, you are not liable for, and Spun will not recover from you, a Shortfall or other loss to the extent it results only from your actual payouts being lower than any estimate or from a Covered Source's delay, nonpayment, reversal, or policy change that you did not cause. This protection does not apply to the extent your breach of these Terms, willful misconduct, or fraud caused or contributed to the Shortfall or loss, and it does not reduce your obligation to pass along Unremitted Receipts.",[54,241,243],{"id":242},"_14-passing-along-purchased-receipts","14. Passing along Purchased Receipts",[16,245,246],{},"(a) Automatic collection, reporting, and transfer. Spun collects Purchased Receipts credited to your Linked Account by debit under the Debit Authorization, and you do not need to report those payouts or confirm those debits. You must report in the App, and pass along to Spun, the Purchased Receipts from any payout that (i) is credited to an account other than your Linked Account, (ii) Spun tells you it cannot collect by debit, including because it cannot be identified as Section 15(a) requires or a debit was returned, or (iii) is received while the Debit Authorization is not in effect. For each such payout, within 5 business days after the latest of the date it was credited to you (including a payout that fills and closes an Advance), the date it became a Purchased Receipt, and, for clause (ii), the date Spun tells you, report the payout date, source, and amount in the App and pass along its Purchased Receipts, either by confirming a debit under Section 15 or by transferring them to Spun using the method shown in the App. You may also pass along Purchased Receipts at any time by transfer. A debit confirmed within that time is timely. Section 15(c) applies if a debit is returned or cannot be made. We may ask you, no more than once per Covered Source per payout cycle, to show us the payout statement or deposit record and, if our data about a payout is unavailable or unclear, to give us information reasonably needed to identify and reconcile it.",[16,248,249],{},"(b) Direct payment. Where a Covered Source can pay Spun directly and you have agreed to that in the App, its direct payment is treated as a Covered Receipt matched under Section 12(c) when Spun receives it, and you do not pass along that amount. If the net amount Spun has received under this Section 14, measured as Section 12(d) describes, exceeds your total Purchased Receipts for all Advances, Spun returns the excess to your Linked Account or, if it is closed, to another account you designate in the App, within 5 business days, and Spun will not initiate a debit that would create an excess.",[16,251,252],{},"(c) Limits. Spun will never collect an estimate, a predicted amount, a fee, or a Shortfall that Section 13(e) protects. A missing report or payment does not by itself show that you received anything or create a payment obligation. If our information does not identify a payout as set out in Section 15(a), we will ask you about it rather than debit it. If a requested report or record is outstanding for longer than Section 4 of the Purchase Agreement allows, we may decline new Advances as that Section provides.",[16,254,255],{},"(d) Timing. Unremitted Receipts remain Spun's, and may be collected after the Collection Window ends. The end of a Collection Window never adds to what Spun can collect.",[54,257,259],{"id":258},"_15-debit-authorization","15. Debit authorization",[16,261,262],{},"(a) Debit Authorization. During onboarding, you will sign or otherwise authenticate, on a screen that identifies it as a debit authorization, an authorization for Spun and its payment processor to initiate electronic debits from the Linked Account shown on that screen, in the name on your account, to collect Unremitted Receipts without your action for each debit (the “Debit Authorization”). The Debit Authorization is required to receive Advances, and it does not change your Available Amount. Spun will initiate a debit under it only after Spun confirms that a Covered Receipt was actually credited to your Linked Account, can identify its amount and Covered Source, and has matched it to an Advance under Section 12(c); a prediction or an expected or scheduled payout is not enough. If a credit is pending rather than posted, combines payments from more than one payer, or was routed through an account or payer that is not a Covered Source, or if our information about it is otherwise unclear, we will not debit it under the Debit Authorization and will instead ask you to confirm it or pass it along. Information from a read-only connection to your bank account or a Covered Source helps identify Covered Receipts but is not itself permission to debit. Each such debit will be for the Purchased Receipts from that credit, never more than your Unremitted Receipts, and will be initiated after we confirm the credit and any notice period under Section 15(d) has run, no earlier than 1 and no later than 2 business days after the later of our confirmation of the credit and the end of any notice period under Section 15(d). You may also pass along Unremitted Receipts by confirming a one-time debit in the App. Each time you confirm a debit, you give Spun and its payment processor a one-time authorization for that single electronic debit from the Linked Account shown on the confirmation screen, in the name on your account, in the amount and on the debit date shown there. The amount will be the Purchased Receipts from the payout you reported, never more than your Unremitted Receipts, and the debit date will be at least one business day after you confirm. We will not initiate a debit for an amount that is already the subject of a pending debit, and we will not debit any estimate, fee, or Shortfall.",[16,264,265,266,268],{},"(b) Cancelling and revoking. You may cancel a scheduled or confirmed debit in the App until 5:00 p.m. Pacific time on the business day before its debit date, and you may also stop it through your bank under your bank's rules. You may revoke the Debit Authorization at any time in the App or by emailing ",[102,267,105],{"href":104},", effective for debits not yet initiated once we have had 5 business days to act on it, and for Unremitted Receipts not yet collected when it takes effect, the time in Section 14(a) runs from that date. If you revoke it, Spun will stop making Advances until you give a new Debit Authorization. We will not debit an amount you cancelled or stopped, or debit after a revocation takes effect, unless you give a new authorization. You may stop confirming debits at any time and pass along Unremitted Receipts by transfer instead. Cancelling a debit or revoking the Debit Authorization does not change your obligation under Section 14, but it does not by itself breach these Terms, make any amount due sooner, or make you owe a Shortfall.",[16,270,271],{},"(c) Returned debits and errors. If a debit is returned, we may present it again only as the payment network rules allow, only after a return for insufficient or uncollected funds, no more than 1 time, and we will not charge you a returned-payment fee. A returned debit does not reduce your Unremitted Receipts or your obligation under Section 14, but the unpaid amount is not a Shortfall, and a returned debit, or a debit Spun does not initiate, is not by itself a breach of these Terms. If a debit is returned, or we tell you that we cannot collect Purchased Receipts by debit, pass along the unpaid Unremitted Receipts within 5 business days after we notify you in the App and by email, by transfer or by confirming a debit. Until you do, we may decline new Advances, in addition to our rights under Section 17(a)(i). We will not report that amount to a consumer reporting agency or charge any fee for it. We may credit your Linked Account to correct an error. Any correcting debit, including one to correct a debit under the Debit Authorization, requires your confirmation under Section 15(a).",[16,273,274],{},"(d) Copies and notices. We will provide a copy of each confirmation, showing the amount, debit date, Linked Account, and the date you confirmed, in the App and by email, and a copy of the Debit Authorization in the same way. Before each debit under the Debit Authorization, we will give you any notice of its amount and date that applicable law or payment network rules require, and in every case we will notify you in the App and by email, before the cutoff in Section 15(b), of each debit's Covered Source, amount, and date.",[16,276,277],{},"(e) Business accounts. Your Linked Account must be a business account in your legal name. You will tell us in the App if it stops being one, and we may rely on information from your bank or a read-only connection to confirm it. Each confirmation, and the Debit Authorization, is your business’s authorization for the debits it covers. If we learn that your Linked Account is a personal account or is not in your legal name, we will not initiate debits from it under the Debit Authorization until you designate an eligible Linked Account and you will pass along Unremitted Receipts by transfer in the meantime.",[54,279,281],{"id":280},"_16-your-promises","16. Your promises",[16,283,284],{},"While you have any open Advance or the Commitment Period under the Purchase Agreement is in effect, you promise that:",[16,286,287],{},"(a) you own the right to the payouts from your Covered Sources, and, except as you told us when you added the Covered Source, you have not sold, assigned, or pledged them to anyone else and will not do so;",[16,289,290],{},"(b) you will not direct a Covered Source to pay Covered Receipts to anyone other than you or Spun;",[16,292,293],{},"(c) you will not take an advance from anyone else that is recouped from the same payouts;",[16,295,296],{},"(d) the statements, data, and information you provide or authorize us to access are accurate and complete in all material respects;",[16,298,299],{},"(e) you will tell us in the App at least 10 business days before you change your Linked Account or change where a Covered Source pays you, and you will not move music, videos, or other content whose payouts come from a Covered Source to a new distributor or other payer until you have told us in the App and we have approved that payer in the App as a Covered Source. We will not unreasonably withhold approval, will base it only on whether we can identify and collect Covered Receipts from that payer, and will treat it as given if we do not respond within 10 business days. Once approved, all payments from that payer are Covered Receipts when credited after approval, and payments from your former payer remain Covered Receipts. If you move content or change a payer without that notice and approval, our only response is that we may lower or withdraw your Available Amount and decline new Advances, unless you acted knowingly to keep Purchased Receipts from Spun, in which case Section 17(a)(ii) also applies; and",[16,301,302],{},"(f) if you are an entity, the individual who accepts these Terms for you (the “Owner”) promises Spun that your statements and promises in this Section 16 are and will remain true and is responsible to Spun under Section 17(a)(ii) and (iii) for a breach of them, or for fraud, in which the Owner knowingly participated. The Owner does not guarantee that any Covered Receipts will be paid, does not owe any Shortfall, and has no obligation to repay any Advance Amount, and Section 13(e) protects the Owner as it protects you.",[54,304,306],{"id":305},"_17-if-something-goes-wrong","17. If something goes wrong",[16,308,309],{},"(a) Spun's remedies. If you break these Terms, Spun may, in addition to any other remedy available at law or in equity: (i) recover Unremitted Receipts; (ii) recover its losses caused by your breach, including the amount by which a breach of Section 16(a), (b), or (c) reduced the Purchased Receipts of an Advance; (iii) if you knowingly gave us materially false information or committed fraud in connection with an Advance, recover that Advance's Advance Amount less the Purchased Receipts Spun has received for it, and pursue the remedies the law allows for fraud; (iv) seek an injunction to stop or prevent a breach of Section 4 or Section 16(b); (v) direct Covered Sources to pay Purchased Receipts to Spun under Section 12(a); and (vi) suspend or close your account. These remedies are cumulative and are subject to Sections 9, 13(e), and 16(e). Spun will not charge you interest (other than on a court judgment or arbitration award), late fees, or collection fees.",[54,311,313],{"id":312},"_18-records","18. Records",[16,315,316],{},"The App shows your total open Advance Amounts, each Advance with its Advance Amount, Collection Window, Purchased Receipts, Unremitted Receipts, and status. Tell us within 60 days after an Advance closes if you believe its record in the App is wrong, and we will review it and correct any error.",[23,318,320],{"id":319},"acceptance","Acceptance",[16,322,323],{},"By clicking “I agree,” you confirm that you have read and accept Part A and Part B of these Terms, which together with the Purchase Agreement form one agreement, that you consent to electronic records under Section 5, that you will use Advances primarily for your creator business as Section 1 describes, and that you agree to individual arbitration and the class-action waiver in Section 9 unless you opt out as Section 9(g) allows. Spun keeps a record of your acceptance and makes a copy of these Terms available in the App. The Debit Authorization under Section 15(a) is given separately in the App. Clicking “I agree” does not give it. The Purchase Agreement is presented and signed separately. Clicking “I agree” to these Terms does not sign it.",{"title":325,"searchDepth":326,"depth":326,"links":327},"",2,[328,329,342,352],{"id":25,"depth":326,"text":26},{"id":51,"depth":326,"text":52,"children":330},[331,333,334,335,336,337,338,339,340,341],{"id":56,"depth":332,"text":57},3,{"id":63,"depth":332,"text":64},{"id":76,"depth":332,"text":77},{"id":83,"depth":332,"text":84},{"id":96,"depth":332,"text":97},{"id":109,"depth":332,"text":110},{"id":122,"depth":332,"text":123},{"id":129,"depth":332,"text":130},{"id":136,"depth":332,"text":137},{"id":174,"depth":332,"text":175},{"id":184,"depth":326,"text":185,"children":343},[344,345,346,347,348,349,350,351],{"id":188,"depth":332,"text":189},{"id":204,"depth":332,"text":205},{"id":223,"depth":332,"text":224},{"id":242,"depth":332,"text":243},{"id":258,"depth":332,"text":259},{"id":280,"depth":332,"text":281},{"id":305,"depth":332,"text":306},{"id":312,"depth":332,"text":313},{"id":319,"depth":326,"text":320},"md",{},true,"\u002Fen\u002Fterms",{"title":358,"description":359},"Terms and Conditions - Spun Labs","Spun Creator Terms covering the Spun app, website, payment card, and creator funding.","en\u002Fterms","wquzc7JRrI9O5V2hTqAtHTlkiO8S_aoonN399U03ayo",1794546024652]