Terms of Services
Last Updated : 2026/02/04
These Terms of Use (hereinafter the “Terms”) govern access to and use of the My-Oga platform, accessible notably via
https://my-oga.com and
https://studio.my-oga.com (hereinafter “My-Oga”).
Section 1 – General Provisions
1.1 About My-Oga
My-Oga enables connections between users wishing to order personalized experiences for special occasions
(birthdays, weddings, graduations, etc.) or financially support content creators they appreciate, and :
–
Talents, i.e.,
celebrities, influencers, artists, content creators, or public figures offering paid personalized experiences designed to honor, thank, or reward those who actively support their work, including via social media engagement such as following, liking, sharing, commenting on their content, or purchasing their services or products.
These individuals form the Talent’s community, consisting of fans, clients, or supporters, collectively referred to as their “Oga.”
–
Creators, i.e., independent content creators who may receive voluntary support via donations or subscriptions from their community, their “Oga,” without any obligation to deliver personalized content, preserving their creative freedom and financial independence, free from advertiser constraints.
My-Oga acts solely as a
technical and commercial intermediary facilitating connection, ordering, payment, and delivery of experiences offered by Talents.
My-Oga is
neither the producer, publisher, nor provider of the content or experiences delivered, which remain the sole responsibility of the Talents.
1.2 Service Description
My-Oga allows Talents to honor their fans, clients, or loved ones (“their Oga”) through personalized experiences, which may include
videos, messages, artistic performances, dances, as well as live or in-person experiences. These experiences are tailored to occasions available on the platform, such as
birthdays, weddings, graduations, motivational moments, celebrations, or special events.
Unless otherwise specified on the Talent’s profile, personalized videos are delivered in
9/16 selfie format. The
average duration of each video is also displayed on the Talent’s profile.
Some experiences may include in-person services, organized and executed solely by the Talent, who
bears full responsibility, including regarding safety, logistics, permits, insurance, and legal compliance.
My-Oga does not intervene in the logistical organization, safety, or physical execution of these services.
1.3 Acceptance of Terms
Accessing and using the platform constitutes full acceptance of these Terms. Anyone who does not accept these Terms must refrain from using the service. My-Oga reserves the right to modify these Terms at any time; Clients and Talents have a
30-day period to accept updates or close their account. Users agree to use the Platform legally, fairly, and in accordance with these Terms and applicable laws.
My-Oga reserves the right to suspend or terminate access in case of violations, fraudulent activity, abusive behavior, or legal non-compliance.
1.4 Payment Providers and Fees
Payments on the Platform are securely processed by third-party payment providers, including Stripe.
These providers may refuse, block, or cancel a transaction or account for reasons including, but not limited to, fraud, violation of internal policies, or legal or regulatory obligations.
My-Oga cannot be held responsible for payment refusals, account blocks, or suspensions decided by third-party payment providers.
By using these payment intermediaries, My-Oga does not collect or store full card information. My-Oga’s commissions are
in addition to processing fees charged by these intermediaries, which are clearly indicated on transactions.
1.5 Prohibited Content
It is strictly forbidden to order, produce, or distribute any content that is:
– illegal, hateful, defamatory, violent, or sexually explicit,
– inciting hatred, harassment, or discrimination,
– infringing on the privacy or rights of others,
– identity theft or false representation,
– involving minors, even indirectly.
My-Oga reserves the right to refuse, remove, or suspend any account or order violating these rules, as described in Section 2.4.
1.6 Personal Data and Privacy
Users’ personal data (Clients, Talents, and Creators) are collected and processed by My-Oga in accordance with its
Privacy Policy.
By using the Platform, users explicitly consent to the collection, processing, and storage of their data as described in the Privacy Policy.
My-Oga takes reasonable measures to protect this data against unauthorized access, alteration, or disclosure.
Section 2 – Terms Applicable to Clients
2.1 Eligibility
Use of My-Oga as a Client is limited to individuals aged
18 or older with legal capacity to contract. Clients must provide accurate, complete, and up-to-date information. My-Oga may request proof of age or identity if necessary.
2.2 Ordering Personalized Experiences
Clients may place an order by selecting a Talent and providing the necessary instructions. An order is
validly recorded upon payment confirmation and Talent acceptance.
2.3 Delivery Times
Unless otherwise specified on the Talent’s profile, the Talent has a maximum of
7 calendar days to deliver the ordered experience. Delivery times may vary depending on the nature of the experience.
2.4 Refund Policy
A
full refund is granted if the Talent fails to deliver the experience within the agreed timeframe.
No refund will be provided when content is delivered according to Client instructions,
including for subjective dissatisfaction, change of mind, or disagreement with the Talent’s style, tone, or interpretation.
If an order cannot be delivered due to illegal instructions, violation of these Terms, or infringement of third-party rights,
the order is canceled.
In such cases, My-Oga may, at its sole discretion, provide a partial refund depending on when the illegality was discovered and the work already performed by the Talent.
Donations made to support a Creator’s financial independence are final and
non-refundable.
2.5 Use of Content by Clients
Unless a specific written agreement exists, Clients are granted a
personal, non-exclusive, non-commercial license to the delivered content.
Posting content on the Client’s personal social media is allowed
strictly for private, non-promotional purposes.
Any use for advertising, marketing, or sponsored purposes is considered commercial use and prohibited without prior written consent from
My-Oga Business.
Delivered videos may not be resold, used to create NFTs
(blockchain-based digital tokens), or exploited to train AI models or generate derivative content such as deepfakes, voice cloning, or similar uses without My-Oga’s express permission.
2.6 Public Publication Authorization by Client
For communication and promotion purposes, the Client may explicitly authorize or refuse public publication of delivered content. If authorized, the Client explicitly acknowledges that the content may be shared, used, and monetized on My-Oga’s and/or the Talent’s social media without financial compensation.
Section 3 – Terms Applicable to Talents
3.1 Talent Status
The Talent acts as an independent contractor. No employment, partnership, or subordinate relationship is created with My-Oga.
Thus, the Talent alone is responsible for tax obligations in their country of residence and for all declarations and payments related to income earned via the Platform, including earnings from personalized experiences and any donations from their community.
3.2 Eligibility and Warranties
The Talent must have legal capacity to contract and all rights to their image, voice, and content. The Talent guarantees that their content does not infringe any third-party rights or applicable law.
3.3 Content Creation and Delivery
The Talent commits to delivering accepted experiences on time and following Client instructions within legal and reasonable limits.
In case of repeated or serious failure to meet deadlines or these Terms, My-Oga reserves the right to temporarily suspend or permanently terminate the Talent’s account, after notification, except in urgent or blatant breach situations.
3.4 Intellectual Property and Licenses
The Talent retains
copyright ownership. They grant the Client the license defined in Section 2.5 and My-Oga a
non-exclusive, worldwide, royalty-free license for promotion, subject to the Client’s authorization for publication.
3.5 Publication, Collaboration, and Monetization
When the Client authorizes public publication, the Talent agrees to post the content on their social media and, where technically feasible,
acknowledge My-Oga as a collaborator.
Any monetization resulting from public distribution is shared equally (50% / 50% of net revenue received, excluding third-party platform fees) between the Talent and My-Oga, unless otherwise agreed in writing.
Links to these social media posts must be attached to the corresponding order via My-Oga Studio to ensure tracking and transparency.
Notwithstanding the above, the Talent expressly consents to My-Oga using, reproducing, distributing, exploiting, and monetizing the content, wholly or partially, alone or in combination with other content, on My-Oga websites, apps, and social networks for communication, promotion, or marketing purposes, subject to the Client’s prior authorization for any public publication.
The Talent authorizes My-Oga to include visual or audio elements, manually or automatically, such as logos, watermarks, or sounds, to signify content origin for sharing purposes.
3.6 Talent Service Cost and Commission
Each Talent freely determines the services they offer on the Platform and the amount they wish to charge Clients. The Talent alone is responsible for defining their offer and pricing, in compliance with My-Oga rules and standards.
The Talent’s service cost corresponds to the amount displayed on their profile at the time of the order and accepted by the Client upon payment. This amount constitutes the Talent’s gross remuneration for the ordered experience.
My-Oga receives a
20 % commission for providing the Platform and intermediary services, automatically deducted before the Talent’s credited balance.
Processing fees charged by third-party payment providers, such as Stripe or other intermediaries, are additional and may vary depending on payment method, country, or currency. These fees are visible on transaction receipts and are not My-Oga commissions.
The net balance credited to the Talent, after deduction of the My-Oga commission and applicable fees, is credited to their My-Oga account.
3.7 Talent Earnings Availability and Payment
Talent earnings under Section 3.6 are initially credited to an
“on-hold” balance in the Talent’s account. This balance is held for approximately
two weeks after actual delivery, allowing My-Oga to process disputes, chargebacks, payment errors, fraud, or non-compliance.
My-Oga reserves the right to withhold or adjust payments in the following cases:
- chargebacks or payment disputes by the Client,
- processing errors by the payment intermediary,
- fraud or non-compliance with these Terms.
Beyond this two-week period,
actual fund availability may be shorter or longer, depending on payment intermediaries and financial institutions, potentially up to 30 days after the end of the order month, consistent with industry practices.
The Talent may initiate withdrawals of any available balance to their bank account or other payment methods offered by My-Oga. A minimum withdrawal threshold of $25 USD applies. My-Oga may change this minimum threshold at its discretion by notifying Talents, and any change will take effect as stated in the notice.
Withdrawals are executed by third-party payment providers.
Therefore, any fees for transfers, currency conversion, or bank processing are the Talent’s responsibility. My-Oga has no control over processing times, refusals, or limitations imposed by financial institutions or payment providers and cannot be held liable.
Section 4 – Donations and Subscriptions
4.1 Supporting Creator Independence
The Platform allows Clients to support their favorite Creators’ creative independence via one-time donations or recurring subscriptions (monthly or annual). Contributions are
entirely voluntary and intended to enable Creators to create, share, and develop content freely, without advertiser constraints.
Donations are financial support with no direct return and are
non-refundable. Subscriptions may provide access to benefits described on the Creator’s profile and may be
canceled at any time by the Client from their account, without fees or penalties.
Cancellation takes effect at the end of the current billing period, which remains fully active until its end. No partial refund or prorated credit is provided for already started periods.
Clients acknowledge that contributions through donations or subscriptions are solely intended to support the Creator’s activities and do not guarantee publication, content frequency, performance, or revenue. My-Oga does not intervene in the support relationship and does not guarantee results.
4.2 My-Oga Commission and Processing Fees
For donations and subscriptions, My-Oga charges a
10 % service commission on amounts paid to the Creator. This commission covers Platform access, tools, and management services.
Processing fees by payment intermediaries (e.g., Stripe or others) are additional and follow the same conditions as in
Section 3 regarding Platform payments. These fees are independent of My-Oga’s commission and may vary by payment method, currency, or Client location.
4.3 Tax and Legal Obligations of Creators
Creators are solely responsible for declaring and paying taxes on income received via the Platform, including donations, subscriptions, or any content-related remuneration.
My-Oga does not provide tax advice and is not responsible for the legal or tax obligations of Creators in their country of residence or applicable jurisdiction.
Section 5 – Other Provisions
5.1 My-Oga Business (Commercial Use)
Any commercial use of content outside personal purposes requires a specific agreement under
My-Oga Business.
No commercial use without
written agreement specifying rights, duration, territory, and financial terms.
5.2 Limitation of Liability
My-Oga acts as a technical intermediary. The Platform does not guarantee uninterrupted service or absence of errors, downtime, or delays.
To the extent permitted by law, My-Oga disclaims any liability for indirect damages, revenue loss, business interruptions, or disputes between users, including those related to content use or Talent services.
5.3 Copyrights and Reporting
Anyone believing content infringes their rights may request removal via the contact form.
My-Oga reserves the right to remove disputed content as a precaution, without admitting liability.
Removal may occur without notice when content nature requires it.
5.4 Account Termination and Deletion
My-Oga may suspend or terminate access for violation of these Terms or abusive behavior.
Users may close their account at any time from their personal dashboard.
5.5 My-Oga Intellectual Property
Names, logos, trademarks, and interfaces of My-Oga are protected. Unauthorized use is prohibited.
5.6 Force Majeure
My-Oga cannot be held responsible for failures resulting from force majeure, including technical failures, network interruptions, administrative decisions, labor disputes, or events beyond its control.
5.7 Governing Law and Dispute Resolution
These Terms are governed by the laws of Canada.
Disputes will first be addressed amicably; failing that, they will be submitted to arbitration or competent courts in Ottawa, Ontario, Canada.
5.8 Changes to the Terms
My-Oga may modify these Terms at any time. Changes will be notified by email or via the Platform.
Modifications take effect after a
30-day notice. Continued use beyond this period constitutes acceptance. Users who do not accept must stop using the Platform and close their account.
5.9 Legal Entity and Contact
The My-Oga platform is operated by
PayKap International Inc, a Canadian-registered company.
If you have any questions regarding these Terms, please contact us by email at support@my-oga.com or directly by
clicking on this contact form.
You may also write to us at the following mailing address: 1847 Sunland Drive, Ottawa ON K4A 3S9, Canada.
For the
Privacy Policies, please
click here.
Official version: the French version of these Terms remains the legally binding version.