TOPFIST.COM's General Terms of USE

Welcome to TOPFIST.COM. TOPFIST.COM is an eSports marketplace platform for gaming services performed by its users.

The following terms of use (these "General Terms of USE"), govern your access to and use of the TOPFIST website, including any content, functionality and services offered on or through www.TOPFIST.COM (the "Site"), by Radosław Bartczak (Skłodowskiej 31/8, Siemianowice Śląskie, Polska), as applicable.

Please read the General Terms of Use carefully before you start to use the Site.

By using the Site, opening an account or by clicking to accept or agree to the General Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these General Terms of Use and our Privacy Policy, found here, incorporated hereinby reference.

If you do not want to agree to these General Terms of Use or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the TOPFIST.COM's services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available at support@topfist.com if you have any questions regarding the Site or General Terms of Use. Contacting our Customer Support team can be performed by submitting a request here.

I. Key Terms

1. Coachings are services offered on TOPFIST.COM.

2. Coaching session is time spend between Seller and Buyer after making an order.

3. Sellers are users who perform services through coaching offers on TOPFIST.COM.

4. Delivery time is amount of time set by a Seller in which he must meet coaching offer terms including conducting Coaching session.

5. Buyers are users who purchase services on TOPFIST.COM.

6. Coaching offer page is where the Seller can describe their Coaching Offer and the Coaching Offer's terms, and the Buyer can purchase the Coaching Offer and create an order.

7. Upsells are additional services offered on top of the Seller’s Coaching Offer (when a Coaching Offer is added to Basket) for an additional price defined by the Seller.

8. Different Price Levels are additional services of unique orders from the Seller’s Coaching Offer. It can include upgrades, which lets Sellers price their service for a basic price of $15.

9. Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller.

10. Messages are where Buyers and Sellers communicate with each other in connection with an Order.

11. Reports are disagreements experienced during an order between a Buyer and Seller on TOPFIST.COM.

12. Earned is total amount of money Sellers earn from completed Order.

13. Withdrawals are total amount of money earned from finished Orders withdrawn by Seller.

14. Used to order is total amount of money earned from finished orders that was spend by Seller on other Orders.

15. Pending Clearance is money from Orders for Sellers that can't be withdrawn yet due to possibility of reporting offer by Buyer.

16. Available Funds is total amount of money earned from completed Coaching's orders that are available to withdraw or spend by seller on other Coachings' orders.

II. Overwiew

1. Only registered users may buy and sell on TOPFIST.COM. Registration is free.

2. Coaching offers on TOPFIST.COM may be offered at a base starting price of $15. Some Coaching offers are offered at a base price of more than $15 as determined by the Seller.

3. Orders are purchased through the "Buy" button found on a Seller’s coaching offer page.

4. For fees and payments please read the purchasing section here.

5. Sellers must fulfill their Orders if it is listed on TOPFIST.COM's marketplace and may not report it on a regular basis or without cause.

6. Sellers gain account types based on their sells, opinions and ratings. Different account types provide their owners with benefits, including possibility of creating more coaching offers.

7. Users may not offer or accept payments using any method other than placing an order through TOPFIST.COM.

8. TOPFIST.COM retains the right to use all published materials on TOPFIST.COM for marketing and promotion purposes.

9. We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these General Terms of Use and incorporated herein by reference.

III. Sellers

III.A. Basic

1. Sellers create Coaching Offers on TOPFIST.COM to allow Buyers to purchase their services.

2. Each Order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.

3. TOPFIST.COM accredits Sellers once each Order is completed. See our "Order" section below for a definition of a completed Order.

4. If an Order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s Available funds.

5. Revenues are only made available for withdrawal from the Balance page following a safety clearance period of 7 days after the Order is marked as complete.

6. Sellers may not promote their products, services or any TOPFIST.COM content via the AdWords platform.

7. Sellers may withdraw their revenues using one of TOPFIST.COM's withdrawal options.

8. The Seller's account type is based on the number of their Orders, their opinions and ratings posted by Buyers. They allow Sellers to obtain advanced account types (see them below). After reaching them, Seller have to contact with administration at support@topfist.com to claim one.

9. For security concerns and to prevent illegal actions, TOPFIST.COM may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple TOPFIST.COM accounts to a single withdrawal. Seller shall have no claims against TOPFIST.COM basing on abovementioned actions.

III.B. Coaching Offers

1. Sellers are allowed to post a select amount of active coaching offers based on their Account Type:

  • • 5 offers and 2 upsells per offer for Sellers with standard account type.
  • • 12 offers and 5 upsells per offer for Sellers with gold account type.
  • • 20 offers and 7 upsells per offer for Sellers with diamond account type.
  • • 27 offers and 9 upsells per offer for Sellers with master account type.

2. Coaching offers created on TOPFIST.COM are User Generated Content.

3. Coaching offers may be removed by TOPFIST.COM for violations to these General Terms of Use or to rules of law or to principles of community life, which may include (but are not limited to) the following violations and/or materials:

  • • Illegal or Fraudulent services (i.e. hacking, boosting or cheating).
  • • Copyright Infringement, Trademark Infringement, and violation of a third party's General Terms of Use reported by sending an e-mail to support@topfist.com.
  • • Adult oriented services, Pornographic, Inappropriate/Obscene.
  • • Intentional copies of other coaching offers.
  • • Spam, Nonsense, or Violent coaching offers.
  • • Coaching offers misleading to buyers.

4. Coaching offers that are removed for violations mentioned above, may result in the disability/banning of the seller’s account.

5. Coaching offers that are removed for violations are not eligible to be restored or edited.

6. Coaching offers may be removed from our Search feature due to poor performance and/or user misconduct.

7. Coaching offers may include pre-approved website URLs contained within the TOPFIST.COM description and requirements box. Coaching offers containing websites promoting content, which violates TOPFIST.COM’s General Terms of Use, will be removed.

8. Coaching offers are required to have an appropriate Coaching offer image related to the service offered.

9. Statements on the Coaching offer page that undermine or circumvent these General Terms of Use, law or principles of community life are prohibited.

10. Seller shall have no claims against TOPFIST.COM basing on abovementioned actions.

11. Sellers may price their coaching offers between $15 and $1000. Coaching offers have structured formats which are always at least $15 and then higher to prior one. Structured formats are Basic, Standard, Pro.

III.C. Upsells

1. Upsells are additional services offered to the Buyer in the basket just before he is buying coaching offer from a Seller. They have additional price defined by the Seller starting at $5.

2. Upsells may be removed for violations of our General Terms of Use. For specific terms, please see the Coaching Offers section above for a list of services that violate our General Terms of Use. Coaching Offers are subject to be removed due to violations found in Upsells.

3. The amount of Upsells, which can be offered is based on your seller Account Type. More information surrounding your accounts types can be found .

4. Services offered through Upsells must be related to the base service and part of the deliverables on the order.

5. Upsells may cover different categories of services that are components to a higher quality delivered service.

III.D. Account Types

1. We seek to empower top performing Sellers with helpful tools to grow their business.

2. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality of opinions and ratings, TOPFIST.COM may reward them with a new account type which includes special opportunities, benefits, and tools that come with it.

3. TOPFIST.COM Sellers can gain account types based on their activity, performance, opinions and ratings. The advancement criteria can be found here.

4. The current account types are: standard, gold, diamond, master.

5. Sellers who cannot maintain their high quality service, experience a severe drop in opinions and ratings, or stop delivering on time risk losing their account types and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a seller to move to a different, lower account type. During this action TOPFIST.COM is taking under consideration also the number and purposes of Order cancellations. Seller shall have no claims against TOPFIST.COM basing on abovementioned actions.

6. Advanced account types can provide their owners with additional benefits, including creating more coaching offers and upsells per offer.

7. Any Seller with account type gold, diamond or master must not create coaching offers similar to ones on TOPFIST.COM on any other site than on TOPFIST.COM. By similar means ones that have some obvious similarities, like: topic, theme, specific options (i.e. Server, language, description, objectives and more), price and upsells. If User wants to add a coaching offer similar to TOPFIST.COM on any other service, he will be demoted to standard account type immediately.

8. TOPFIST is not obliged to provide User with upgrade of account, nor is obliged to answer to User’s messages.

III.E. Withdrawing Revenues

1. To withdraw your revenue, you must have an account with added at least one of TOPFIST.COM's withdrawal methods.

2. TOPFIST.COM suggest that profile should be associated with only one account from each TOPFIST.COM'S withdrawal methods. A withdrawal provider account should be associated with only one TOPFIST.COM's profile.

3. Revenues are only made available for withdrawal from the Balance page following a safety clearance period of 14 days after the Order is marked as finished.

4. To withdraw your available revenue, you must click on the designated withdrawal button and choose your withdrawal method to initiate the withdrawal process.

5. Withdrawals can only be made in the amount available to you.

6. Withdrawal fees vary depending on the withdrawal method. Withdrawal fees are charged by payment method providers.

7. Withdrawal will be made within three working days after clicking designed withdrawal button. TOPFIST.COM is not responsible for prolongation of transferring withdraws by 3rd parties.

8. Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

9. TOPFIST.COM doesn’t take responsibility for any charges realised by your account provider or bank, including fees and provisions resulting from currency conversion.

10. TOPFIST.COM make an automatic withdrawal if the User doesn’t withdraw his revenue for 3 months after obtaining the sum.

III.F. Withdrawal Methods

Method Fee Service Availability
Withdraw to your PayPal Account 2,9% up to 4,9% + 30 cents of the sum dependent on the country. To see the fees click here For a list of PayPal services by country click here

• Additional fees may apply based on your location and currency.

IV. Buyers

IV.A. Basic

1. You may not offer direct payments to Sellers using payment systems outside of the TOPFIST.COM order system.

2. TOPFIST.COM retains the right to use all publically published materials, media, informations and work done for TOPFIST.COM marketing and promotional purposes. The right is not limited to any time, media type or geographic zone. TOPFIST.COM is entitled to grant further licenses to third parties.

3. Services requested on TOPFIST.COM must be an allowed service on TOPFIST.COM. Please click for guidelines on approved services.

IV.B. Purchasing

1. Buyers pay TOPFIST.COM to create an order from a Seller’s coaching offer page using the "Buy" button.

2. Coaching offers may be purchased using one of the following payment methods: Credit Card or PayPal.

3. Administrative fee is added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. As of March 2018, the current fees assessed to the total purchase amount are $1 on purchases up to $9 and 8% on purchases above $9.

4. You may not offer Sellers to pay, or make payment using any method other than through the TOPFIST.COM site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support at support@topfist.com.

5. To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the Site or transferring payments to Sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information click here

IV.C. Taxes

1. Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Coaching Offers price shown on the Coaching offers page.

IV.D. Discounts/Promo codes

1. TOPFIST.COM has all rights to create, limit, deactivate and distribute discounts/promo codes with up to 25% reduction of the purchased amount by the Buyer.

2. If Sellers wants to have a discounts/promo code for his own usage, he has to be part of the TOPFIST Partner Program. To apply click here.

V. Orders

V.A. Basic

1. Once payment is confirmed, your transactions will be created and given a unique TOPFIST.COM transaction number (#ID).

2. A coaching offer order is marked as finished automatically after the delivery time set in the Coaching Offer Page by a Seller will pass and a Buyer and Seller will not report it during this period and 72 hours after it.

3. During delivery time and 72 hours after it, Seller and Buyer have access to TOPFIST.COM Messages where they can settle coaching session and discuss it.

4. We encourage our Buyers and Sellers to settle all matters concerning coaching via Messages.

5. We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails you should report coaching using report button available during delivery time in the Coaching Offer.

V.B. Handling Orders

1. When a Buyer orders a Coaching Offer, the Seller is notified by e-mail as well as notifications on the site while logged into the account.

2. Seller are required to match coaching session with description on their Coaching Offer Page. Failing to do so will allow the Buyer to report it and Customer Support to delete it immediately.

3. Users are responsible for scanning all transferred links and files for viruses and malware. TOPFIST.COM will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

4. Any coaching that was ordered has Messages that can be found in the dashboard on page Bought / Active. Messages enable Buyer and Seller to settle coaching session and communicate during delivery time and up to 72 hours after that.

5. Customer service may access Messages and every informations written in it, to handle report from Buyer or Seller thus Messages is also a place to discuss and solve reports.

V.C. Coaching Session

1. Seller and Buyer must settle all informations about coaching session via Messages, especially:

  • • What date will live session take place.
  • • What hour will live session start and end.
  • • Any other informations needed to conduct Coaching Session.

2. Coaching session day and hour should match delivery time contained in Coaching Offer.

3. Seller and Buyer propose day and hour of Coaching Session two times each via Messages. If they didn't come to an agreement they must report coaching offer and let the Customer Service scheduled one final date and hour which obliged both of them to conduct Coaching Session.

4. If a Buyer doesn't show on final date and hour scheduled by Customer Service, his Coaching Session is regarded as completed. In this situation he cannot report it, nor get refund for it.

5. If a Seller doesn't show on final date and hour scheduled by Customer Service, his coaching offer is regarded as cancelled. In this situation Buyer can report it, his Purchase will be cancelled and his money refund.

6. The content and theme of Seller Coaching Session must match with informations contained in the Coaching Offers Page.

7. Seller should record Coaching Session and provide a link to it via Messages if Coaching Offer is reported and Customer Service ask for it. Seller should keep recording of every Coaching Session and be ready to provide a link to it up to 14 days after it is finished. Failing to do so may result in cancelling an order in favour of Buyer if it is Reported.

8. Seller acknowledge and agree that:

  • • Seller shall be solely responsible for determining the most effective and efficient manner to perform each instance of Coaching Session.
  • • Except for the TOPFIST.COM, Seller shall provide all necessary equipment, tools and other materials, at his own expense, necessary to perform Coaching Session.

9. Seller acknowledge and agree that his provision of Coaching Session to Buyer creates a direct business relationship between Seller and the Buyer. The TOPFIST.COM is not responsible or liable for the actions or inactions of a Seller in relation to Buyer. Seller shall have the sole responsibility for any obligations or liabilities to Buyers or third parties that arise from your provision of Coaching Session. Seller acknowledge and agree that Seller is solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance) regarding any acts or omissions of a Buyer or third party.

V.D. Opinions & Ratings

1. Opinions and rating are provided by Buyers and Sellers to each other while coaching is finished. Opinions and ratings demonstrate the Buyer's and Seller's overall experience with themselves.

2. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order and their coaching session in regards to the service provided by the Seller.

3. Leaving a Buyer's or Seller's opinion and rating is a basic prerogative of a Buyer or Seller. Opinions and ratings will not be removed unless there are clear violations to our General Terms of Use or rules of law.

4. To prevent any misuse of our opinions and rating system, all of them must come from legitimate sales executed exclusively through the TOPFIST.COM platform from Users within our Community. Purchases arranged, determined to artificially enhance Seller or Buyer ratings, or to abuse the TOPFIST.COM platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

5. Opinions and ratings given by Buyers are publicly displayed on a Seller’s coaching offer page and his profile page.

6. Opinions and ratings given by Sellers are publicly displayed on a Buyer’s profile page.

7. Withholding the delivery of services or information required to complete the coaching service with the intent to gain favorable opinions, ratings or additional services is prohibited.

8. Responding and posting an opinions and rating: Once a coaching service is done, the Buyer and Seller have 14 days to respond and post an opinion and rating.

9. Users are allowed to comment once such an opinion or rating for 14 days after posting it.

10. Users may not solicit the removal of opinions and ratings.

V.E. Reporting and Cancellations

1. We encourage our Buyers and Sellers to try and settle conflicts amongst themselves through via Messages. If for any reason this fails you can report Coaching Offers if you encounter non-permitted usage on the Site, users can contact TOPFIST.COM's Customer Support department for assistance by sending an e-mail to support@topfist.com.

2. Reporting is available for Buyer and Seller starting from purchasing coaching offer up to 48 hours after its finished in the Dashboard.

3. While reporting Buyer or Seller must include informations concerning:

  • • Why they are reporting Coaching Offer.
  • • Evidence necessary to back up report (i.e. Screenshots or videos).
  • • What in their opinion should be an outcome of this report.

4.If Buyer report coaching offer and Seller doesn't provide record of coaching session or any other legitimate evidence against Buyer's reported informations, Customer Service will most certainly stand after a Buyer, if it does not violate General Terms of Use TOPFIST.COM.

5. Order cancellations can be performed on TOPFIST.COM, when eligible, by Customer Support.

6. Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these General Terms of Use. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

7. In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site's Reporting tool to attempt to resolve the matter.

8. TOPFIST.COM reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

9. If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s shopping balance.

V.F. Order Cancellations

1. TOPFIST.COM encourages Buyers and Sellers to resolve service disputes mutually using the Messages, if not Buyer or Seller have rights to report coaching offer order using button "report" on them in the Dashboard.

2. Eligibility for requests to TOPFIST.COM to cancel an order through report will be assessed by our Customer Support team based on a number of factors, including violations to our General Terms of Use, general misconduct, and improper usage of the TOPFIST.COM system and a record of coaching session provided by Seller or any other evidence provided by Seller or Buyer. See below for Order specific eligibility.

3. Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as finished.

4. Any non-permitted usage of TOPFIST.COM encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to TOPFIST.COM’s General Terms of Use.

5. TOPFIST.COM Customer Support will cancel orders based on, but not limited to, the following reasons:

  • • The seller didn't deliver what he stated on the coaching offer page.
  • • Seller is late and unresponsive for more than 48 hours after the order via Messages.
  • • Seller didn't communicate via Messages concerning date and hour of coaching session after coaching order was made.
  • • Seller didn't provide a link to recorded coaching session or any other evidence of it's conduct while asked by Customer Service.
  • • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
  • • Users posts or ask for information that poses or creates a privacy or security risk to any person;
  • • The user is no longer an active TOPFIST.COM user due to General Terms of Use violations or closure of their account.
  • • The seller behaviour was harassing, trolling, unlawful, or violationing TOPFIST.COM’s General Terms of Use.
  • • The seller requests additional payments, on or off the TOPFIST.COM's platform, by withholding the final delivery of services directly related to the agreed requirements.
  • • Users are withholding the final delivery of services for improved opinions and ratings.
  • • Users threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
  • • User violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

6. TOPFIST.COM Customer Support will NOT cancel orders based on, but not limited to, the following reasons:

  • • Buyer didn't attend Coaching session even though Customer Service scheduled one last date and hour of coaching session.
  • • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Coaching offer page. Buyers may rate their experience with the Seller in the Dasboard after delivering it, including the overall level of service quality received.
  • • Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of TOPFIST.COM.

V.G. Refunds

1. TOPFIST.COM does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the Buyer's balance as Available Funds. Cancelled orders will not include processing fees paid.

2. Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.

VI. QUESTIONS IN COACHING OFFER PAGE

1. Registered users may ask a question to Seller concerning Coaching Offer through questions on Coaching offer page. Seller is obliged to answer them.

2. It is prohibited to ask about personal information by Buyer and Seller to answer them especially concerning communication channels like Skype, Discord, E-mail or any other. Those questions should be reported to Customer Service at support@topfist.com.

3. Registered users may ask Seller to create personalized offer and Seller may create such (if he is able to) and share a link to it in the question above.

4. TOPFIST.COM has every right to delete any question or comment on coaching offer page.

VII. User Conduct and Protection

1. TOPFIST.COM enables people around the world to create, share, sell and purchase nearly any eSports and gaming coaching service they need at an unbeatable value. Members of the TOPFIST.COM community communicate and engage through orders, social media.

2. TOPFIST.COM maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of TOPFIST.COM.

3. This section relates to the expected conduct users should adhere to while interacting with each other on TOPFIST.COM.

4. To report a violation of our General Terms of Use, User Misconduct, or inquiries regarding your account, please contact our Customer Support at support@topfist.com.

VII.A. Basic

1. Any necessary exchange of personal information required to continue a service may be exchanged within dashboard and via Messages.

2. TOPFIST.COM does not provide any guarantee of the level of service offered to Buyers.

3. TOPFIST.COM does not provide protection for users who interact outside of the TOPFIST.COM platform, especially during coaching sessions.

4. Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

5. The TOPFIST.COM marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

VII.B. Orders

1. Users with the intention to defame competing Sellers by ordering from competing services will have their opinions and ratings removed or further account types related actions determined by review by our Customer Support Team.

2. Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or Reporting Orders that do not align on Order Cancellation or opinions and ratings policies.

3. TOPFIST.COM reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, TOPFIST.COM will return parts or full revenue back to Sellers.

VII.C. Coaching offers

1. Users may report Coaching offers to Customer Support that may be in violation of TOPFIST.COM's General Terms of Use based on the reported TOPFIST.COM’s replicated similarity to pre-existing services (copycat coaching offers).

2. TOPFIST.COM will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

VII.D. Reporting Violations

1. If you come across any content that may violate our General Terms of Use, community standards or rules of law, you should report it to us through the appropriate channels created to handle those issues as outlined in our General Terms of Use. All cases are reviewed by our Support Service Team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

VII.E. Violations

1. Users may receive a warning to their account for violations of our General Terms of Use or any user misconduct reported to our Customer Support team. A warning will be sent to the user's e-mail address. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

2. Non-Permitted Usage:

  • • Adult Services & Pornography – TOPFIST.COM does not allow any exchange of adult oriented or pornographic materials and services.
  • • Inappropriate Behavior & Language - Communication on TOPFIST.COM and during coaching sessions should be friendly, constructive, and professional. TOPFIST.COM condemns bullying, harassment, trolling and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Social Media pages.
  • • Phishing and Spam – TOPFIST.COM takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.
  • • Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Dashboard. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the service to the Buyer. Any users who engage and communicate off of TOPFIST.COM will not be protected by our General Terms of Use.
  • • Intellectual Property Claims – TOPFIST.COM will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s General Terms of Use.
  • • Fraud / Unlawful Use - You may not use TOPFIST.COM for any unlawful purposes or to conduct illegal activities.

3. Abuse and Spam:

  • • Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the TOPFIST.COM community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to TOPFIST.COM’s General Terms of Use is cause for permanent suspension of all accounts.
  • • Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on TOPFIST.COM. This includes creating new multiple accounts to harass members through our message or ordering system.
  • • Selling Accounts - You may not buy or sell TOPFIST.COM accounts.
  • • Boosting – You man not offer boosting of other accounts.
  • • Cheating - You man not offer usage of cheating.

VII.F. General Terms

1. TOPFIST.COM reserves the right to put any account on hold or permanently disable account due to breach of these General Terms of Use or due to any illegal or inappropriate use of the Site or services.

2. Violation of TOPFIST.COM's General Terms of Use may get your account disabled permanently.

3. Users with disabled accounts will not be able to sell or buy on TOPFIST.COM.

4. Users who have violated our General Terms of Use and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

5. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

6. Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to TOPFIST.COM's approval.

7. Disputes should be handled using TOPFIST.COM's Report tools or by contacting TOPFIST.COM Customer Support.

8. TOPFIST.COM may make changes to its General Terms of Use from time to time. When these changes are made, TOPFIST.COM will make a new copy of the General Terms of Use available on this page. The changes of General Terms of Use come into force 7 days after publication of information about changes on TOPFIST.COM.

9. You understand and agree that if you use TOPFIST.COM after the date on which the General Terms of Use have changed, TOPFIST.COM will treat your use as acceptance of the updated General Terms of Use. If you disagree to any change of the General Terms of Use you must delete your account before the changes come into force.

VIII. User Generated Content

1. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to TOPFIST.COM by our users (Buyers and Sellers) is User Generated Content. TOPFIST.COM does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

2. Furthermore, TOPFIST.COM is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the coaching offers, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate coaching service offers.

3. By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on TOPFIST.COM. Sellers advertising their coaching offers online must comply with rules of law and General Terms of Use of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the coaching offer and may lead to the suspension of Seller's account.

IX. Ownership

1. In custom created work on demand of a Buyer (such as materials, notes, word files etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all copyrights, title and interest in the delivered work.

2. Some Coaching Offers (including for custom created work) charge additional payments (through Upsells) for a Commercial Use License. This means that if you purchase the coaching offer only for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Upsell and will have broader rights that cover your business use.

3. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

4. Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to TOPFIST.COM, including Coaching offer texts, photos, usernames, user photos and any other information, may be used by TOPFIST.COM for no consideration for marketing purposes, especially: to create banners, audio and video materials, posts, communication on TOPFITS.COM social media (eg Facebook, Twitter, Instagram, Pinterest). TOPFIST.COM is entitled to use and reproduce above mentioned content anonymously.

5. Any disputes arising from this General Terms of Use shall be settled by polish court, competent for the TOPFIST’s registered office. The applicable law is polish law. Above mentioned rule is not valid if local law sets exclusive jurisdiction of other court and law, especially in case of consumers.

X. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TOPFIST.COM NOR ANY PERSON ASSOCIATED WITH TOPFIST.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND SERVICES PROVIDED THROUGH THE WEBSITE .
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XI. Automatic Translation

1. THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

2. The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

3. The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

XII. Limitation on Liability

1. IN NO EVENT WILL TOPFIST.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

2. Both the Seller, Buyer and TOPFIST.COM have the right to terminate the agreement.

3. The termination of the agreement as initiated by TOPFIST.COM involves the removal of the User's account and blocking the User’s access to the Site. Deleting the account or blocking access to the Site may take place 14 days after sending of an e- mail to the User containing information on the termination/blocking of access. However, in case of gross violation of the Terms Of Use of the agreement, TOPFIST.COM can terminate the agreement immediately by instantly deleting the account and/or blocking the access to the Site.

4. The User may withdraw from the agreement within 14 days from the date the agreement was executed. TOPFIST.COM shall immediately provide the User, in a durable medium, with acknowledgment of receipt of the notice of withdrawal. Notwithstanding the foregoing, the User may terminate the agreement at any time. The termination of the agreement is followed by the removal of the User account. The User may at any time request, via e-mail, to have his account deleted by TOPFIST.COM. In the said case TOPFIST.COM will delete the account, no later than 3 days from the date of receiving such request from the User. After the expiry of this period the agreement is terminated. If the conditions set out in these Terms Of Use are met, the User who has not transferred the funds stored on the account loses them irrevocably. This provision does not apply to consumers - in this case, the amounts accrued are valid to the date of the expiration / termination of the agreement and can be transferred to a User's bank account within 14 days from the date of expiration/termination of the agreement.

5. The provisions in this subparagraph constitute powers granted exclusively to the Buyer being a consumer in the case when the Seller providing a service is an entrepreneur.

6. The consumer has the right to withdraw from the agreement concluded with the Seller within 14 days of the date of conclusion of the agreement, without providing reasons.

7. The Consumer may submit a statement on withdrawal from the agreement by sending an e-mail to the contact address: support@topfist.com.

8. Submitting the statement on withdrawal from the agreement without using a form does not influence the effectiveness of the withdrawal. In order for the statement to be effective, one must only send the statement before the expiry of a deadline.

9. TOPFIST immediately confirms accepting the statement on withdrawal from the agreement via e-mail (to the address provided when placing an order) and transfers it to the Seller.

10. In the case of sending a statement on withdrawal from the agreement, the agreement between the Buyer and Seller shall be deemed invalid.

11. TOPFIST is obliged to reimburse all payments made by the consumer immediately, not later than within 14 calendar days from receiving a consumer’s statement on withdrawal from the agreement. The Seller shall reimburse the payments using the same payment method as was used by the Consumer, unless the Consumer expressly agreed to another payment method.

12. The right to withdraw from the agreement shall not be applicable in relation to agreements the subject matter of which is service provision, if an entrepreneur fully performed a service upon a consumer’s express consent, that is, in particular, in the case of completion of an order by the Seller for the Consumer.