Terms & Conditions

LAST REVISED: September 1, 2021

By using Fundof (“The Platform”, “Service”, “Services”, “We”, “Us”, “Our”), as a supporter (“Supporter(s)”, “Tipper(s)”) or creator (“Creator”) (collectively; “User”, “Users”), you agree to all the rules and conditions presented in these Terms & Conditions. Fundof is not a financial institution, merchant, creditor, charity, advisor or broker of any kind.

A Fundof creator is defined as someone who registers a Fundof creator profile or uses the Fundof platform in any way to solicit tips, messages, and/or link content (“Link”, “Links”), or uses any of the banking functionalities. A Fundof supporter is defined as any person or entity providing payments (“Tips”), or messages to a Creator. A Fundof User is either a supporter or a creator, or a combination of the two.

1. CREATING A PROFILE

You can manually register a Profile (as a Creator or Supporter) on fundof.me, or by making your first tip. To register for receiving tips with Fundof, you need to be 18 years old or over. You are responsible for your account and all the activity on it. You can tip other users without being 18 years old if you have a valid method of payment.

After registering you will be prompted to choose your username which becomes your Fundof Link (“Tipping Link”). Do not impersonate anyone else, use trademarks that do not belong to you, or choose names that are offensive or that violate any local laws. If you do not adhere to these rules, your account may be suspended.

Users are responsible for all the activity on their account, and for keeping their password confidential. Report any misuse of your account to support@fundof.com.

To start accepting tips, you need to be at least 18 years old, or old enough to fulfill the local regulations where you live. Our payment provider may ask you for proof of ID and age, proof of residency and/or other information in order to activate your Fundof account.

2. FUNDOF CARD & TRANSACTIONS

2.1 The Fundof Visa Debit Card (“Fundof Card”, “Card”), Fundof Visa Debit Virtual Card (“Fundof Virtual Card”,” Virtual Card”) (collectively; “Cards”) and associated transaction functionalities (“Transactions”, “Fundof account”), (collectively; “Card Services”) are part of the Fundof Creator profile. In order to activate these functionalities an ID check, and KYC process is required. This is done through the Fundof platform, and managed by third-party partners. When providing KYC information, you promise and warrant to us that all such documents and information are authentic, up-to-date, true and correct and that you have the necessary permissions to disclose it to us. We reserve the right to suspend the services, including access to the account or freeze any funds, or to terminate the agreement and close your account at any time if you do not provide us with satisfactory KYC information upon request.

The Fundof Card Services are managed by our partner Intergiro, a Swedish fintech company licensed and registered as an electronic money institution with the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) (registration number 48003) with the authority to issue electronic money and to provide payment services.

2.1.1 Your Card Services

By default, your Card Services will include a euro wallet and you may, depending on the local availability, add additional wallets holding other currencies, such as USD and GBP. You may also order one or several Fundof Cards, depending on your Fundof Profile status.

Once you have funds in your wallet, you will be able to:

• make payment transactions to other Fundof accounts and to accounts outside Fundof (we will refer to outgoing payment transactions as “payouts”)

• receive money into your wallet (we will refer to incoming payment transactions as “collections”)

• make foreign exchange transactions in available currencies

• purchase goods and services with your cards

• withdraw cash with your cards

• manage the account and view balances and other information

2.1.2 Who can use Fundof Card Services

You must be resident within the European Economic Area or the United Kingdom. Your business and operations cannot be located in or in any way pertain to any of the countries set out below. You cannot be listed on any sanctions list, such as the sanctions lists of the EU, the UN or OFAC.

Prohibited Countries

• Crimea/Sevastopol

• Iran

• North Korea

• South Sudan

• Sudan

• Syria

2.1.3 Payouts

You are aware of and accept that neither a payment order nor a payout can be cancelled or reversed once we have received the payment order.

2.2 The Fundof Creator profile allows you after the activation process, to the extent permitted by your user permissions, to – among others – place payment orders, view transaction history, use and manage virtual or physical Cards (as defined below).

2.3. In order to use the Fundof Card and Transactions functionalities you must (i) be over 18 years old, (ii) have the legal capacity to enter into binding agreement with us and not have any hindrance to do so under applicable laws, (iii) be a resident in a country where the Card Services are available.

2.4 You may not use the Transactions or the Card Services in a manner involving or relating to in any way to any of the following:

a) activities that are illegal in Sweden (including activities related to illegal drugs and substances mimicking such a drug [where for the avoidance of doubt, marijuana is considered an illegal drug], sale of organs, counterfeiting, trade relating to protected animals, trafficking, prostitution, etc);

b) industries supporting activities that are illegal in Sweden (as specified above);

sexual services, including promotion of the same;

c) defence and military, weapons and ammunition;

d) bank guarantees, debt securities, pass letters, medium-term credit notes (MTN), binary options, payday lenders;

e) ponzi, pyramid schemes;

f) use of deceptive marketing practices or unclear sales contractual terms (such as offering a gift or goods at a cheap price to bind customers to a long- term subscription because of unclear terms and conditions);

g) operations, sales relating to or in any other way being linked with prohibited countries as referred above (such as commodity trade, travel agencies, embassies, etc.);

h) non-profit organizations;

i) religious organizations; and

j) shell companies and shell banks.

2.5 You acknowledge that you may not cancel or reverse a payment order that you have placed via the Card Services. Therefore, it is important that at all times you ensure that the payment details you provide are accurate and correct.

2.6 You must immediately contact us in the event that a debit card you hold and use via the Platform and the Card Services:

a) is lost, stolen or is otherwise no longer in your possession or control; or

b) is suspected of being accessed or used by an unauthorised third party or if the security details of the card (such as card number, expiration date, and/or the 3-digit security code) might have been used without your permission.

2.7 You acknowledge that the initial PIN code of any physical Card ordered by you will be set via the Creator Profile.

2.8 You acknowledge that by using a Card to make transactions with retailers in countries other than your country of residence third party exchange fees will incur, which Fundof will not be responsible for.

2.9 You acknowledge that via the Creator Profile you can view the transactions made with the Card, and that you can set transaction limits for the Card. We encourage you to check these features and configure the card in accordance with your preferences.

2.10 You must at all times comply with the following security requirements:

a) You must ensure that the login details and credentials used for the Card Servies, all details of any Card (such as card number, expiration date and 3-digit security code) used via the Platform and the Card Services, ordinary and one-time passwords and means of communication used with Fundof and third-parties for authentication purposes are kept safe and secure and you do not keep credentials or security details together with the device used to access the Platform;

b) You must ensure that you use a strong password only applicable to your login to the Platform which you update from time-to-time;

c) You must not let any third-party access or use the Platform, the Card Services and the Card via your personal login;

d) You must contact us immediately if you suspect or become aware that the Card or the Card Services or any information thereof are being accessed or otherwise used by a third party except with the consent of Fundof.

e) You must immediately contact us if at any time you suspect or become aware that your personalised security credentials (including without limitation ordinary or one-time passwords, account credentials, card security details, means of communication used with Fundof or third-parties for authentication purposes) are at a risk of or being used or otherwise possessed or accessed by an unauthorised third party.

2.11 It is generally not possible to overdraw the Fundof account. It is your responsibility to ensure that there is always sufficient balance (including any fees and charges) in the account before you create a payment order or make a purchase with a card. In rare circumstances, the account may have a negative balance due to a reversed transaction, due to the fees and charges to be deducted or due to an offline card transaction. In such a case, you will need to transfer funds to your account to cover the overdrawn amount. If you do not cover any overdrawn amounts on your account within five (5) banking days, we have the right to terminate this agreement with immediate effect and close your account in accordance with these terms and conditions.

2.12 E-money is a type of electronic cash which we as a regulated e-money institution is authorised to issue in exchange for receipt of money. Your account is an e-money account which holds your e-money. Upon the receipt of collections intended for your account, our partner Intergiro deposits such money into a bank account with a partner bank and issue the corresponding amount of e-money to your account. Intergiro are required to do so under mandatory law in order to keep your money segregated from their own funds and they are not, unlike a bank, allowed to lend your money to anyone. This means that your money is secure and at all times deposited in ring-fenced accounts we hold with our partner banks. These safeguarding practices are designed to protect your money. In the unlikely event of an insolvency, after administrator or liquidator costs have been paid, Fundof users will rank first in any claim on funds held in the ring-fenced accounts. Under the terms of the e-money licence Intergiro is not permitted to pay interest to you and the money in your account is not covered by deposit guarantee schemes.

2.13 Intergiro and Fundof use fraud detection technologies, data encryption and strong customer authentication solutions in our efforts to do all we reasonably can to prevent unauthorised or fraudulent use of your account.

2.14 Failure to comply with the terms set out in this document may result in the termination of the account (or any part thereof) with immediate effect.

2.15 If you fail to comply with your obligations under this agreement, if any promise or warranty you made turns out to be untrue or if you use the account or our services in a manner which violates applicable law, you will be responsible for our damages, losses and other costs, including but not limited to legal fees.

3. WHAT IS NOT ALLOWED ON FUNDOF

3.1 Failure to follow these rules will result in the suspension of your Fundof account.

3.2 Do not engage in activities that violate the law, or breach any contract or legal duty you have toward anyone.

3.3 It is not allowed to impersonate other people or post information you know is false, misleading, or inaccurate. Do not threaten, abuse, harass, dox, spam, or in any other way act out against other Fundof users.

3.4 Do not commit fraud or act in a way that violates any of Fundof's policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

3.5 Adding Links to illegal, or malicious content will result in the termination of your Fundof account.

3.6 Users must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

4. USER RESPONSIBILITY

4.1 Users are fully responsible for the legality and reliability of all content they link, and monetize on the platform. Any royalties or licensing on monetized content are the sole responsibility of the user.

4.2 Users access all content through Fundof at their own risk, being solely responsible for any resulting damage or loss to any party. Fundof does not become involved in any disputes between users, or between users and any third party.

4.3 Fundof is not responsible for any claims, losses, damages, and demands of any kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way relating to the use of Fundof or disputes between users, or users and third parties.

5. TIPS

5.1 Creators can receive Tips from other Fundof Users or external visitors via a Creator’s Tipping Link. Tips can be made with credit or debit cards as well as various crypto currencies. Tips are given to a specific Creator, and are not payment for specific content.

6. FEES

6.1 Creating a Fundof account is free. When you receive Tips from other users, we collect a fee. Fundof is not a payment provider. The payment providers are their own companies, and Fundof is not responsible for their performance. The usage of your Fundof Card may result in additional fees, for instance as a result of currency exchanges or ATM use. Please refer to our Pricing documentation for up to date information on usage fees. Users are fully responsible for paying any additional fees or taxes associated with your use of Fundof. Users agree that any tax obligations, including the reporting and payment of any applicable taxes in your country of residency or in any other applicable country, is your responsibility in relation to your use of the account. Fundof is not responsible or liable for any tax matters applicable to you in any of the countries in which you operate. Always consult with experts in your area of tax residency to find what rules and regulations apply to you.

7. CONTENT LINKS AND WEBSITES

7.1 Fundof profiles may contain links to other websites and apps, for example links to content platforms. Accessing third-party websites and apps is done at users own risk. Fundof does not endorse, or control those sites.

7.2 Fundof partners with external companies for payment processing, e.g. Intergiro. When you tip or create a profile, you are also agreeing to the payment processor’s terms of service.

8. ACCOUNT TERMINATION

8.1 You can terminate your Fundof account at any time by contacting us at support@fundof.com, subject to if there is an ongoing investigation concerning the account and if we consider that termination may obstruct the investigation. In such cases, we may freeze the Fundof Account and your funds for the time necessary to complete the investigation. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive the termination of an account.

9. MISCELLANEOUS

9.1 Fundof reserves the right to modify or discontinue the product at any time, at our sole discretion. The trademarks and trade dress of Fundof may not be used in connection with any good or service without the prior written consent of Fundof.

10. FORCE MAJEURE

10.1 We will not be liable for any breach or delay in the performance of our obligations under this agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or acts of God or any cause beyond the reasonable control of Fundof (we will refer to such circumstances as a “force majeure event”). Should a force majeure event occur we will provide you with notice thereof and we will be excused from performance of the obligations being affected for as long as such force majeure event prevails.

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