BINARYKOL (Binary Star Platform) Role Statement & Disclaimer
Effective as part of the Platform's Terms of Service
1. Purpose of This Statement
To clearly define the nature of the services of the Binary Star Platform (BINARYKOL, binarykol.com, the "Platform", built and operated by 【新勢星傳有限公司】 [Company Name]), the scope of its rights and obligations, and the limits of its liability, and to avoid any misunderstanding of the Platform's role, the Platform hereby issues this Role Statement & Disclaimer (the "Statement").
Any business owner, brand, commissioning party, cooperation partner, influencer, creator, marketing professional, agent, employee, user or any other third party who registers, logs in, browses, publishes, contacts, uploads, submits, downloads, stores, replies, accepts tasks, establishes cooperation, uses the Platform's functions or in any other way uses the Platform's services is deemed to have read, understood and agreed to the entire contents of this Statement.
2. Platform Nature & Role
The Platform provides information display, content exposure, media dissemination, cooperation matchmaking, task management, data retention, system notifications, process records and other related technical services.
The Platform's role is, in principle, that of an information intermediary, media platform and technical service provider, whose primary function is to assist users in publishing, viewing, contacting, managing and recording cooperation information.
Unless the Platform expressly agrees otherwise in writing, the Platform is not a party, agent, guarantor or performance undertaker to any of the following legal relationships:
Sales relationships
Contracts for work
Mandate relationships
Employment relationships
Agency/management relationships
Brokerage guarantee relationships
Remuneration payment guarantee relationships
Other contracts or legal relationships formed between users themselves
3. The Platform Is Not a Party to Cooperation Contracts
Where business owners, brands, cooperation partners and influencers, creators or other users reach agreement on cooperation content, service scope, delivery standards, work schedules, deliverable formats, licensing scope, usage periods, remuneration terms, payment methods, tax treatment, liability for breach, confidentiality obligations, termination conditions or any other matters, such legal relationships and their effects are formed and borne solely by the cooperating parties themselves.
The Platform only provides intermediary, display, process management or technical recording functions. By providing publishing, contact, status display, completion buttons, notification functions, chat interfaces, attachment submission, time records or other system functions, the Platform does not thereby become a party to any cooperation, commitment, transaction, task or contract.
4. No Involvement in Payments; No Payment or Guarantee Obligations
Unless otherwise expressly provided in the Platform's public service rules or a written agreement, the Platform does not provide collection, disbursement, escrow, trust custody, price settlement, commission clearing, invoice processing, tax filing, payment guarantees, performance guarantees or debt repayment guarantee services.
All rights and obligations between business owners, brands, cooperation partners and influencers, creators or other users regarding remuneration, fees, commissions, bonuses, taxes, refunds, damages, compensation or any other monetary payments shall be agreed and handled by the relevant parties themselves.
The Platform bears no payment obligation, repayment obligation, joint liability, custody liability or performance guarantee liability for the aforementioned amounts or debts.
5. Responsibility for Platform Information, Content & Documents
All materials published, uploaded, submitted, transmitted, disclosed, displayed, retained or provided by users on the Platform — including but not limited to text, images, videos, audio, presentations, attachments, quotations, proposals, cooperation descriptions, performance materials, deliverable proofs, social-media links, trademark materials, promotional copy, statement documents, licensing materials and other information — are the sole responsibility of the provider, publisher or uploader.
The Platform does not, in principle, substantively review, endorse, guarantee or certify user-provided materials. Accordingly, the Platform does not guarantee the following regarding such materials:
Truthfulness
Accuracy
Completeness
Timeliness
Legality
Performability
Non-infringement
Quality, effectiveness or fitness for purpose
Users shall make their own judgment and verification, and bear the risks of using, relying on, citing or cooperating based on such materials.
6. No Guarantee of Formation, Performance or Results
The Platform does not guarantee that any cooperation will be formed, continue, be completed or achieve any particular result.
With respect to cooperation, tasks, commissions, promotion, exposure or commercial activities between users, the Platform makes no express or implied warranty regarding the following:
That cooperation will be formed
That tasks will be performed as agreed
That content will meet either party's expectations
That deliverables will be qualified, complete or usable
That exposure will reach specified figures
That commercial benefits, conversion rates, engagement rates, views, reach, traffic, revenue or any other metrics will be achieved
Users shall clearly understand that cooperation results, commercial benefits and performance quality depend on the parties' agreements, execution and external circumstances, for which the Platform assumes no warranty liability.
7. Nature of Status Fields, Buttons & System Records
If the Platform provides status fields such as "Pending", "Submitted", "Awaiting Confirmation", "Returned for Revision", "Completed", "Closed" or "Under Dispute", or completion buttons, confirmation buttons, notification messages, timestamps, operation trails, attachment records or system processes, the purpose of such functions is solely to:
Assist users in managing task workflows
Keep operation histories
Provide technical records
Facilitate the parties in tracking cooperation progress
Such system records and status displays shall not be construed as the Platform's legal determination, guarantee, attestation or endorsement of whether a task was actually completed, whether content is qualified, whether facts are true, whether both parties have fully performed, or whether either party is in breach.
8. Intellectual Property & Liability for Lawful Authorization
Users shall warrant that all content they publish, upload, submit, transmit, display or provide on the Platform has been lawfully obtained, duly licensed or otherwise lawfully usable, and does not infringe any third party's rights in the following categories:
Copyright
Trademark rights
Patent rights
Portrait rights
Name rights
Reputation rights
Trade secrets
Personal data interests
Other legally protected rights or interests
If any third party files reports, notices, warnings, claims, administrative investigations, civil actions, criminal complaints or other legal proceedings as a result of content provided, published or used by a user, that user shall handle such matters personally and bear all legal liability.
If the Platform thereby suffers damage, incurs expenses, receives claims, bears costs or suffers harm to its goodwill, that user shall be liable for compensation.
9. Third-Party Disputes Handled by the Parties Themselves
If disputes arise between users over cooperation content, performance methods, deliverable quality, delivery standards, remuneration, payment, licensing, infringement, confidentiality, taxes, delays, termination, misleading conduct, reputation or any other matters, the disputing parties shall resolve them through their own negotiation, settlement, mediation, arbitration or judicial procedures.
Unless otherwise mandatorily provided by law or expressly promised by the Platform in writing, the Platform:
Has no obligation to negotiate or defend on behalf of any party
Has no obligation to make legal determinations for any party
Has no obligation to determine whose claim is true
Has no obligation to bear compensation, repayment or performance liability
Has no obligation to act as guarantor, arbitrator or certifier
10. Platform Management, Takedown & Risk Control Authority
If the Platform reasonably believes that any content, material, account, link, task, cooperation description or attachment may involve illegality, infringement, falsehood, fraud, misleading conduct, dispute risk, abnormal use, violation of Platform rules, harm to third parties' rights and interests, or may expose the Platform to legal or operational risks, the Platform may, depending on the circumstances, take one or more of the following measures:
Request supplementation, correction or explanation
Restrict display
Temporarily remove content
Suspend access
Stop publication
Suspend account privileges
Retain relevant records
Cooperate with competent authorities, judicial bodies or third parties asserting rights under law
The Platform's adoption of the foregoing measures does not mean that the Platform has substantively determined any party's claim to be established, nor that the Platform assumes any guarantee liability for the cooperation, content or dispute outcome.
11. Limitation of Liability
To the maximum extent permitted by law, the Platform shall, in principle, not be liable for any damage arising from use of or inability to use the Platform, or from cooperation, negotiation, performance, content publication, data transmission, account use, system errors, third-party claims, false information, failure to achieve expected results or disputes between users.
Such damage includes but is not limited to:
Direct damage
Indirect damage
Incidental damage
Consequential damage
Loss of expected profits
Loss of business opportunities
Loss of goodwill
Loss of data
Business interruption losses
Other property or non-property damage
However, this limitation of liability does not apply to liability that may not be excluded or limited in advance by law.
12. Statutory Liability Reservation
The purpose of this Statement is to clarify that the Platform is an information intermediary, media platform and technical service provider, and to avoid its being mistaken as a party to cooperation contracts, a payment obligor or a performance guarantor.
However, if under the laws of the Republic of China (Taiwan) the Platform still bears statutory obligations or liabilities for particular matters that may not be excluded, limited or pre-excluded, such matters shall be governed by those laws.
This Statement shall not be construed as excluding the Platform's liability for intentional misconduct, gross negligence, or liability mandated by law.
Where a user is a consumer, the interpretation and application of this Statement shall comply with the Consumer Protection Act and the standard-form contract regulations announced by the competent authority; this Statement does not exclude in advance the rights consumers enjoy by law.
13. Governing Law & Jurisdiction
The interpretation, application and related disputes of this Statement shall, unless otherwise mandatorily provided by law, be governed by the laws of the Republic of China (Taiwan).
If litigation is necessary for disputes arising from this Statement, unless exclusive jurisdiction is otherwise provided by law, the parties agree that the Taiwan Kaohsiung District Court shall have first-instance jurisdiction.
14. Amendments & Effectiveness
The Platform may amend this Statement at any time in response to changes in laws, adjustments to services, operational needs or risk management requirements, and will announce the amendments on the relevant pages of the Platform.
Amended contents take effect from the announcement date or the stated effective date. Users who continue to use the Platform's services after amendment are deemed to have agreed to the amended contents.
15. User Confirmation
By registering, logging in, publishing, uploading, submitting data, clicking to agree, accepting tasks, cooperating, using any function of the Platform or otherwise using the Platform's services, the user confirms and agrees to the following:
The Platform is merely an information intermediary, media platform and technical service provider.
The Platform is not a party to any contract or performance relationship between the cooperating parties.
The Platform does not intervene in the parties' payments and bears no remuneration payment or performance guarantee liability.
Users shall bear the corresponding legal liability for content they upload, publish, submit or provide and for their cooperation activities.
Disputes over cooperation, licensing, remuneration, infringement or performance shall, in principle, be handled by the relevant parties themselves.
