Last Updated: November 30, 2024
Welcome to SixToOne, a voice-calling application developed and operated by SIXTOONE LLC. By accessing or using our app, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the app.
1. Acceptance of Terms
By using SixToOne, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. Your use of the app constitutes your consent to the collection, use, and disclosure of personal information as described in our Privacy Policy. If you are using the app on behalf of a company or other entity, you represent that you have the authority to bind that entity to these terms.
2. Description of Service
SixToOne allows users to initiate voice calls with other users. Only recipients of calls charge a per-minute rate, while callers pay for their calls. Users may share their SixToOne ID on social media or with clients. Payments are processed via Stripe, and charges are pre-authorized before the call. A small administrative fee is retained by SixToOne from each transaction. Stripe Connect transfers payments directly from the caller to the recipient, ensuring that we do not hold or reverse payments. Because transactions occur directly between users through Stripe, we do not have the power to hold or reverse payments once a transfer is initiated.
3. User Responsibilities
- Eligibility: You must be at least 18 years old to use SixToOne. By using the app, you represent and warrant that you meet this requirement.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Compliance: You agree to comply with all applicable laws and regulations when using the app.
- Independent Use: You acknowledge that SixToOne is a tool for facilitating transactions and that you are not an employee or independent contractor of SIXTOONE LLC. You operate as your own business, with charges appearing under your name or business name as set up during Stripe Connect onboarding.
4. Payments
- Payment Processing: Payments are processed through Stripe. By using SixToOne, you authorize Stripe to collect payments on your behalf.
- Charges: As a caller, you are responsible for the charges incurred when initiating a call. Before a call is initiated, Stripe will pre-authorize the charge for a one-hour call session based on the recipient’s per-minute rate. This pre-authorization does not charge you yet. At the end of the call, you will be charged an amount equal to the duration of the call. Recipients will receive payments for the duration of the call.
- Refunds: All charges are non-refundable unless specified by Stripe’s policies. Any disputes regarding calls must be handled directly between users.
5. Tax Reporting
If you are a user located in the U.S. and earn $20,000 or more through the app over 200 transactions or calls, SixToOne will collect and store your tax information to submit a 1099-K form, as required by the IRS. By using SixToOne, you consent to providing the required tax information when requested. This tax information will be securely stored in accordance with our Data Security policies.
If you earn under $20,000 through the app during the calendar year, but over $600, you are still legally required to report your income to the IRS. We strongly encourage you to do so, as failure to report your earnings may lead to legal consequences for which we cannot be held liable.
For Canadian users, you are responsible for understanding and complying with any applicable tax obligations, including the potential requirement to register for a GST/HST number if you earn more than CAD 30,000 in a calendar year. Please note that SixToOne does not facilitate tax collection, meaning you cannot charge sales tax through the app. If you need to collect GST/HST, you will have to account for it yourself by adjusting your rates accordingly. We encourage you to consult a tax professional for guidance regarding your specific situation.
6. Liability Disclaimer
- No Guarantees: While SixToOne strives to ensure reliable service, we cannot guarantee the accuracy, reliability, or quality of any calls made through the app. In the event of technical issues, users should use discretion and common sense. For example, if a call is not working correctly, users should terminate the call to avoid unnecessary charges.
- Limitation of Liability: To the fullest extent permitted by applicable law, SIXTOONE LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the app.
7. Intellectual Property
All content and materials available on SixToOne, including but not limited to text, graphics, logos, and software, are the property of SIXTOONE LLC and are protected by applicable intellectual property laws.
8. Termination
SIXTOONE LLC reserves the right to terminate or suspend your access to SixToOne at any time, without notice, for any reason, including if you violate these Terms of Use.
9. User Conduct
Users of SixToOne agree to use the app responsibly and comply with all applicable laws. Prohibited behaviors include but are not limited to:
- Fraud: Users may not misrepresent their services or provide false information.
- Harassment: Harassment or abusive behavior is strictly prohibited.
- Spamming: Sending unsolicited communications is not allowed.
10. Dispute Resolution
In the event of any disputes arising between users, SixToOne acts solely as a facilitator for transactions and is not liable for resolving conflicts between users. Users agree to resolve any disputes directly with one another. If a resolution cannot be reached, users may choose to engage in mediation or arbitration, but SixToOne will not participate in these processes. Users understand that by using the app, they are entering into a direct transaction with other users, and SixToOne is not responsible for any disagreements that arise from these transactions.
10.1 Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Delaware law governs these terms, regardless of where you are located.
10.2 Binding Arbitration
You agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of SixToOne, or any transactions facilitated through the platform shall be resolved exclusively by binding arbitration, rather than in court, except where prohibited by law. This applies even if a claim is made against SIXTOONE LLC despite the limitation of liability outlined in these Terms. Arbitration will be conducted by a mutually agreed upon arbitration provider and governed by the rules of the Delaware Arbitration Act, the Federal Arbitration Act, or the applicable arbitration laws in the U.S., depending on your location. The arbitrator’s decision will be final and binding.
10.3 Waiver of Class Action
By agreeing to these Terms, you waive any right to participate in any class action lawsuits related to the use of SixToOne, including disputes between users or claims involving SIXTOONE LLC or its affiliates.
11. Modification of Services
SixToOne reserves the right to modify, suspend, or discontinue the app or its services without notice. SixToOne is not liable to any third party for such changes.
12. Indemnification
Users agree to indemnify, defend, and hold harmless SixToOne, SIXTOONE LLC, and its affiliates from any claims or damages arising from their use of the app or violation of these Terms.
13. Limitation of Liability and No Endorsement
SixToOne does not endorse or warrant the quality or qualifications of users providing services through the app. You acknowledge that you use the services at your own risk. SixToOne is not responsible for any lost earnings or damages resulting from technical malfunctions, call issues, or disputes between users beyond what is covered in these terms.
14. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, for all Canadian users, or the applicable federal laws of the United States for U.S. users, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively through binding arbitration, as outlined in the Dispute Resolution section.
15. Contact Information
If you have any questions about these Terms of Use, please contact us at support@sixtoone.app.