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Terms and Conditions

 

I. General Terms and Conditions and Terms of Use of the INFLUNATE GmbH

General information

By registering with influnate.io, the user agrees to the General Terms and Conditions and Terms of Use (hereinafter: “Terms”) listed here. These govern the contractual and usage relationship between the operator of the INFLUNATEplatform, INFLUNATE GmbH, Friedrichstraße 186, 10117 Berlin and the users of INFLUNATE.

INFLUNATE creates a comprehensive donation network via the most popular social media platforms. INFLUNATE is a platform that enables users of social media platforms to financially support any other social media user (ContentCreator) without spending a lot of time. Starting with the first social media post, INFLUNATE offers a Content Creator the opportunity to receive financial support for their contributions.

The quality of social media posts can now also be rewarded by means of a donation and not exclusively via likes and reposts.

Payments can be sent and received using the INFLUNATE App. INFLUNATE is an independent contractor. INFLUNATE does not have a banking license. INFLUNATE uses the payment processing service of MANGOPAY for payment processing, whose main business activity is the issuance of e-money and the services associated with theissuance of e-money.

Definitions

Bank Account: Means the personal bank account of the user which the user holds with a third-party payment service provider.

Content Creator: Refers to a person who publishes a post on a social media platform.

Credit: Denotes the amount in e-money stored in the INFLUNATE  App.

Deposit: Describes the charging of the e-wallet.

Donation: Refers to a financial donation made by a user of the INFLUNATE App.

Donator: Refers to a person who instructs a donation.

E-Money: Electronic money is digital cash that is stored on an electronic device or remotely stored on a server. E-money refers to a monetary value in the form of a claim for payment against INFLUNATE.

E-Wallet: Electronic purse for processing transactions. Electronic E-money amounts are stored here, comparable to cash items.

Fee: Means the payment that INFLUNATE receives from the user for the use of the services of the INFLUNATE  App.

KYC process: The Know-Your-Customer-Principle (KYC) is the verification of the personal data of new customers of a credit institution. A positive KYC process by the payment service provider MANGOPAY is a prerequisite for  remittance.

OTP: The OTP procedure (One-Time-Password-Procedure) provides the user with a once valid password to confirm a transaction.

Platform: Describes the INFLUNATE App.

Post: Specific contribution of a person on a social media platform.

Payment  order: Describes the creation and sending of a post in the comment function of a social media platform.

Payment  service  provider: Refers to the payment service  provider MANGOPAY.

Recipient: Person who receives a donation.

Remittance: Refers to the debiting of e-money from the e- wallet to the bank account of the user.

User: Describes the user of the INFLUNATE  App.

Transaction: Describes the deposit, transfer of a donation, receipt of a donation or remittance of an amount from the e- wallet to a bank account.

Two-factor authentication: A two-factor authentication (2FA) provides an additional layer of security for sending donations and withdrawing funds from the e- wallet to a bank account.

Services and functioning of INFLUNATE

INFLUNATE provides a comprehensive donation network via the most popular social media platforms and transmitsthe donations directed by the users to the recipients. INFLUNATE offers the user the possibility to transfer thesedonations to a bank account.

The donations are transmitted via the social media platform selected by the user. For this purpose, the user uses the comment function under a social media post.

INFLUNATE’s contractual service consists in granting the use of the INFLUNATE App and to send and receivedonations via social media platforms, as well as in the remittance of donations to a bank account. INFLUNATE can only be used by legally competent persons over the age of 18, provided that this person has at least one active socialmedia account and a bank account.

Conclusion of the user contract

The user registers on the website https://app.influnate.com/auth/login.

A valid e-mail address and a password to be specified by the user are required.

INFLUNATE will send the user an automatic confirmation by e-mail upon receipt of the registration. This e-mail contains a hyperlink through which the user verifies the e-mail address provided. By clicking on the verification link, the user confirms that all the information provided is correct.

By registering, the user submits an offer to conclude a user contract. With the successful registration the contract ofuse comes into effect. Within the framework of registration, the user agrees to these General Terms and Conditions (Framework Agreement) of the payment services of the payment service provider MANGOPAY.

Creating an E-Wallet

After registration the user will be redirected to the INFLUNATE App. Further information is requested to create an E-Wallet:

Private Person:

First name and   surname

E-mail address

Date of birth

Nationality

Country of habitual residence

Legal Entity:

Company name

E-mail address

Commercial register number

Postal address, postcode, city, region, country of the company’s headquarters

First name and surname of the CEO

Date of birth of the CEO

Nationality of the CEO

Country of habitual residence of the CEO

Postal address of the CEO, postal code, city, region, country of habitual residence

Organizations/Single companies:

Name of  organization/company

E-mail address

Postal address, postcode, city, region, country of the headquarters of the organization/company

First name and surname of the authorized representative

Date of birth of the authorized representative

Nationality of authorized representative

Country of habitual residence of the authorized representative

Postal address of authorized representative, postcode, city, region, country of habitual residence of the authorized representative.

 

Upon completion of registration, the user automatically receives an e-wallet in the INFLUNATE App. The userautomatically receives an e-wallet in Euro and an e-wallet in US- Dollars.

In the INFLUNATE App, the user can choose which social media platforms he wants to add to his user account. Theuser can change this setting at any time in his INFLUNATE user account.

The User affirms that the data stored for the E-Wallet is always up-to-date and correct. INFLUNATE shall not be liable for any damages resulting from the misrepresentation of data.

Payment processing by MANGOPAY

Payment transactions are processed via the MANGOPAY electronic payment system.

MANGOPAY is operated by MANGOPAY S.A., 14 Rue Aldringen, L-1118 Luxembourg. MANGOPAY is a financial institution (e-money institution) authorized and supervised in accordance with the provisions of the CSSF (Commission de Surveillance du Secteur Financier).

In order to be able to remit credit from the INFLUNATE App to a bank account, the user must undergo a Know-Your-Customer process with MANGOPAY once and before the first remittance.

INFLUNATE transmits the data to MANGOPAY for KYC verification.

MANGOPAY may suspend the user’s e-wallet in the event of anomalies within the scope of the KYC check.MANGOPAY decides independently on the KYC review. INFUNATE has no influence on this decision.

Charging the E-Wallet

Credit is recorded in the form of e-money in the e-wallet. Credit is generated either by a user using the „depositmoney“ function on the INFLUNATE App or by another INFLUNATE user sending e- money to the user as part of a donation.

A deposit of credit takes place under indication of the desired amount and selection of the currency.

The user can charge the e-wallet by credit card (VISA or Master Card), SEPA transfer, bank transfer or Klarna.

The data is transferred to MANGOPAY by means of SSL encryption. Credit card users can store the credit cardpayment information and access the information the next time they make a credit deposit without re- entering their credit card information.

The user must ensure that he does not interrupt the credit card payment process by updating the browser.

The credit balance in the e-wallet describes the amount in e-money available to the User.

The user can view the current overview of his transactions at any time. INFLUNATE provides a transaction overview of all past transactions.

Send a donation

Donations can only be made if the e-wallet of the donator has at least the amount of the donation as credit.

The user sends the donation by posting “@influnate” plus the desired amount and the currency (EUR or US-Dollar) in the comment function under a post of another social media user. As soon as the comment with the correctdescription is sent, the transaction of the instructed amount is carried out, unless the user has activated a 2FA in the INFLUNATE App. If the user has activated a 2FA for sending donations, the transaction will be executed with the successful completion of the 2FA process.

The donator gives INFLUNATE the payment order to transfer e-money from the donator’s e-wallet to the recipient’s e-wallet. INFLUNATE always executes payment orders immediately. A period of one day shall Apply for execution. Within this period, INFLUNATE will execute the payment order.

If the e-wallet does not have sufficient credit, payment will not be made by INFLUNATE and the user will be notified of insufficient funds in the INFLUNATE App. The transaction is displayed to the user as „transaction pending“. If the e-wallet of the donator has sufficient credit, the transaction will be carried out automatically.

If the donator sends a donation to a recipient who does not have an INFLUNATE user account, this transaction will be displayed as „transaction pending“ in the donator’s user account.

Receive donation via a social media platform

A donation can be received by a user registered with INFLUNATE and by a Content Creator not yet registered with INFLUNATE. If the user already has an e-wallet with INFLUNATE, he will receive a notification of the donation in the INFLUNATE App.

If the Content Creator does not have an e-wallet with INFLUNATE, he will receive a notification via the respective social media platform. This message informs the Content Creator about the donation and contains a link to thehomepage of INFLUNATE. The Content Creator can now register with INFLUNATE and after the registration process has been completed, the donation will automatically be credited to his e-wallet.

Donations received in the e-wallet

Recipients who have an e-wallet are automatically credited with donations in the e-wallet.

Donations can either remain in the e-wallet in the INFLUNATE App or be paid out by the user to the bank accountdeposited by the user upon successful completion of the KYC process.

Receive money via payment link

The user receives a personalized payment link in the Influnate-app. To do so, he must assign a username. This username is visible to everyone when using the payment link. The payment URL is personalized by the username that is added to the ending of the payment link.

This personalized payment link can be made available to anyone by the user and recipient of the money sent. The sender clicks on the payment link and is redirected to Influnate’s web app for login or registration.

If the sender of the money is already the owner of an Influnate e-wallet, the amount of money selected by the sender will automatically be debited from his e-wallet after selection and confirmation and credited to the recipient’s e-wallet.

Insofar as the user creates a personalized payment link for himself he shall grant Influnate permission to make the personalized payment link publicly accessible on the respective social media platform when used by the user. The user undertakes not to use a misleading username. The payment link may not suggest that it is associated with another user, another person or another company. The user undertakes that the payment link does not infringe the rights of third parties and does not violate these terms of use.

Remittance of credit balances

Before the first payment of credit to a bank account of the user, the user is obliged to undertake a KYC process with the payment service provider MANGOPAY. The requirements and the procedure of the KYC process are based on the MANGOPAY regulations. MANGOPAY decides independently on the KYC process, INFLUNATE has no influenceon MANGOPAY’s decision in connection with a KYC review.

To remit credit to a user’s bank account, the user enters the amount and confirms the payout.

Remittance of credit balances are free of charge for the user. The maximum amount that can be debited from theuser e-wallet is the balance displayed in the user’s INLFUNATE e-wallet.

Security – two-factor authentication (2FA)

The user can optionally define an additional security layer for his transactions. To do this, he activates the 2FA in his user account under „Security settings“. With activation of the 2FA, the user must verify each transaction with an OTP App. The verification of each individual donation can be optionally added by the user.

For the 2FA a link (OTP) will be sent to the user by e-mail. This e-mail contains a link to the OTP verification. The user has to start his OTP App and generate the security Token. Now the user has to enter the OTP token and can finalize the transaction.

Chargebacks of donations

If the recipient of a donation already holds an e-wallet, the user may not revoke a donation after the payment order has been transmitted.

If the recipient is not the owner of an e-wallet and the recipient does not register an e-wallet with INFLUNATE within 14days, the donator can reverse the donation at any time via the INFLUNATE App.

During this time, the status „Transaction pending“ is displayed in the donator’s user account.

If the recipient does not hold an e-wallet within 14 days, INFLUNATE shall credit the donator’s e-wallet with the amountsent by him.

Minimum amount of donation – transaction limit

The minimum donation amount is 0.50 EUR or 0.50 US Dollar.

The maximum amount of a donation is 5.000,00 EUR or 5.000,00 US Dollar.

Fees for the services of INFLUNATE

INFLUNATE charges fees for the use of its services. The transaction fee per donation is 4.00% of the donation amount.

The transaction fees are due immediately. INFLUNATE deducts the fee directly from the donation before the balanceis credited to the recipient.

Due diligence obligations

The user undertakes to handle the log-in data carefully and not to pass the log-in data on to third parties. INFLUNATE is not liable if a person other than the owner of the user account gains access to a user account and an unauthorizedpayment occurs.

The user must refrain from any activity that could impair and/or excessively burden the operation of INFLUNATE or the technical infrastructure behind it. This includes in particular the use of software, scripts in connection with the useof the INFLUNATE App, as well as the automatic reading, blocking, overwriting, modifying, copying of data and/or other content.

Disclosure obligation – lock account

If the user detects any misuse, loss or theft of his user identification or any other unauthorized use of his INFLUNATEuser account, he shall inform INFLUNATE immediately.

This notification will be given directly by e-mail to the following address: support@INFLUNATE.io .

INFLUNATE immediately locks the user account.

INFLUNATE shall inform MANGOPAY immediately of the locking. The incident is saved, and the date and time are recorded. A blocking number is communicated to the user together with the date and time of the blocking. The user willreceive written confirmation of this blocking by e-mail from INFLUNATE.

Rules of conduct

The user undertakes not to violate any Applicable laws when using INFLUNATE. He shall ensure that the platform is not used to finance illegal or immoral content. INFLUNATE does not assume any supervision and control obligations.

Prohibited activities are in particular:

  • False or misleading information/data,
  • Sending and receiving payments where there are reasonable grounds to believe that the money has been obtainedfrom fraudulent or other prohibited or criminal acts,
  • Infringement of Applicable law, in particular rules on terrorist financing and money

The user must ensure that his technical requirements are sufficient to use INFLUNATE. An outdated browser, an older end device, a slow internet connection or the lack of necessary plug-ins can lead to the fact that the platform cannotbe or only partially used.

The user undertakes not to interfere with the INFLUNATE system in any way whatsoever. Electronic attacks onINFLUNATE (including all hardware and software used to operate the platform) or on individual users are prohibited.

In particular, the following interventions are inadmissible:

  • Hacking attempts (circumvention and/or overriding of security measures)
  • Denial of service attempts, e. attempts with a large number of generated requests to the INFLUNATE server to prevent, slow down or render inaccessible the execution of these activities.
  • Check, scan, or test the vulnerabilities in the system.

In case a user violates these rules of conduct and INFLUNATE becomes aware of it, INFLUNATE reserves the right to block the user’s account or refuse transactions. The user shall be informed by e-mail of the blocking and shall be givena reasonable period of time to transfer the credit balance in his e-wallet to his bank account. He must then delete hisuser account and INFLUNATE will initiate the deletion of his e-wallet from MANGOPAY.

Use of services

INFLUNATE ensures high availability of its services. Excluded from this are times in which the server cannot be reacheddue to technical or operational reasons beyond INFLUNATE’s control, in particular force majeure and the fault of third parties. INFLUNATE may restrict the provision of the Services if the security of the Website, the Software or the data transmitted in connection with the use of the Services so requires.

INFLUNATE is entitled to change or temporarily or permanently suspend individual services at any time. In the event of a change or discontinuation of the services, INFLUNATE shall grant the user the opportunity to transfer the creditbalances in the e-wallets to the respective deposited bank accounts within a reasonable period of time.

Liability

INFLUNATE shall be liable for damages resulting from injury to life, limb or health as well as for damages resulting from intent or gross negligence on the part of INFLUNATE or one of its legal representatives or vicarious agents.

INFLUNATE shall be liable, limited to compensation for the foreseeable damage typical for this type of contract, for such damage as is based on a slightly negligent breach of essential contractual obligations by INFLUNATE or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations the fulfilment of which isessential for the proper execution of the contract and on the observance of which the contractual partner may regularlyrely.

INFLUNATE is not liable for any reductions due to exchange rate fluctuations.

Termination 

The user contract is valid for an indefinite period of time and can be terminated at any time without observing a deadlineand without stating a reason. To do this, the user must delete his INFLUNATE user account via a corresponding link in the user account.

Termination by INFLUNATE is possible with a notice period of one month to the end of the month, unless the terminationis for an important reason (e.g. violation of rules of conduct). The user is obliged to delete his user account immediately after expiry of the notice period or in the event of termination for good cause.

If INFLUNATE decides to close the account, INFLUNATE will contact the user, inform him of the reasons and offer thepossibility to remit the existing credit.

INFLUNATE will immediately terminate the contractual relationship between the user and MANGOPAY in the event ofdeletion by the user or termination by INFLUNATE.

If a user dies or is no longer legally competent, the representatives shall contact INFLUNATE in order to terminate theuse of the services.

Force majeure

Force majeure events which make it impossible or significantly more difficult for INFLUNATE to fulfil its contractual obligations shall entitle INFLUNATE to temporarily suspend the fulfilment of its obligations for the duration of thehinderance.

Changes to the Terms

INFLUNATE reserves the right to amend these Terms at any time with effect for the future, if there is an objective reason for doing so. This is particularly the case if INFLUNATE extends or changes its range of services or if the legal situation changes. INFLUNATE will notify the user of a change in good time in advance and allow him areasonable period of time to object to this change. If the user does not object within this period, this shall be deemed consent. INFLUNATE will draw particular attention to the importance of the withdrawal period in the notification of the proposed amendment. Otherwise, the statutory provisions shall Apply.

Art. 14 ODR – Ordinance

In the event of a dispute, consumers have the opportunity to conduct an online conciliation procedure on https://europa.eu/youreurope/citizens/index_en.htm with the assistance of a recognized conciliation body. The EU’s online mediation platform can be found at https://ec.europa.eu/consumers/ord/ .

This online arbitration procedure is not a mandatory requirement for bringing an action before ordinary courts but constitutes an alternative form of dispute resolution.

INFLUNATE is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.

Final provisions

The invalidity of a provision of these Terms shall not affect the validity of the remaining provisions. In the event of adispute, an ineffective provision shall be replaced by an effective provision that comes as close as possible to the ineffective provision and corresponds to the interests of the parties.

German law Applies exclusively to these terms. In case of consumers, this choice of law shall only apply if the choice oflaw is not opposed by mandatory provisions of the law of the country in which the consumer has his habitual  residence.

If copies of these Terms are made in languages other than German, only the German version shall be legally binding.

II. Information on the Distance Selling Agreement

Information for the consumer to fulfil the information obligations prior to the conclusion of a distance selling transaction.

Right of Revocation

In case the user is a consumer, he can revoke the declaration aimed at the conclusion of the user contract as follows.

Revocation policy instruction

The user can revoke the contract declaration on conclusion of the user contract within 14 days without giving reasons by means of a clear declaration. The period begins after receipt of this declaration on a permanent data carrier (letter, telephone, e-mail), but not before the conclusion of the contract and not before the fulfilment of theinformation obligations pursuant to Article 246b § 1, Article 246b § 1 Nr. 7-12, Nr. 15 and 19; Article 248 § 1 (1) EGBGB. Thetimely dispatch of the revocation is sufficient for compliance with the revocation period if the declaration is made on apermanent data carrier.

 

The revocation is to be addressed to:

INFLUNATE GmbH,

Friedrichstraße 186,

10177 Berlin,

Phone: 036165353865,

E-mail: info@influnate.io

Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned. INLFUNATE shall deletethe user’s user account and obtain deletion of the e-wallet from MANGOPAY.

General terms and conditions of Sweepstakes 

§ 1 Scope of application and organiser

These terms and conditions govern the conditions for participation in sweepstakes. The description and the procedure of the sweepstake are described in the context of the respective sweepstake action.

These terms and conditions apply if persons participate in sweepstakes of INFLUNATE GmbH, Friedrichstraße 186, 10117 Berlin.

By participating in the respective sweepstake these conditions are accepted.

§ 2 Participation

Persons aged 18 and over are eligible to participate. Excluded are employees of INFLUNATE GmbH and employees of cooperation partners who are/were involved in the creation and processing of the sweepstake.

§ 3 Profit and notification

The winnings are described in the respective sweepstake.

The winners will be determined at the latest one week after the closing date for entries according to the random principle specified in the sweepstake description.

The winners will be notified via social media comment function or in a separate information from INFLUNATE and requested to send an email to the address given there, in which the personal data is truthfully and completely transmitted. These data will be used to send the prize.

If no email is received from the winner within the period of time stated in the email from INFLUNATE, the claim to the prize will expire.

The prize is not transferable, it cannot be exchanged or paid out in cash.

The winner accepts a substitute prize if circumstances exist which are not the responsibility of INFLUNATE. This applies in particular to prizes provided by sponsors.

In the case of goods / physical prizes these will be sent to the winner by post to the address provided. The risk shall pass to the winner upon delivery of the prize to a transport person. INFLUNATE is not liable for delivery damages.

§ 4 Data Protection

If you participate in one of our sweepstakes, we process the following data depending on the sweepstake:

  • E-mail
  • Name
  • Address

We process the personal data to carry out and process the sweepstake, e.g. to determine whether you are entitled to participate and, if necessary, to send you the prize. Participation in the sweepstake is only possible if you provide us with the relevant data.

The legal basis for the processing of personal data is therefore Art. 6 Para. 1 lit. b) of the EU Data Protection Regulation (DSGVO).

We will delete your data 90 days after the end of the sweepstake unless processing can be justified on another legal basis.

§ 5 Premature termination

INFLUNATE reserves the right to prematurely terminate or change the course of the sweepstake at any time, in whole or in part, even without adherence to deadlines, or if it is not possible to guarantee the proper execution of the sweepstake for technical (including manipulation, software errors, computer virus) or legal reasons (including on the part of the platform used).

§ 6 Exclusion of participants

INFLUNATE is entitled to exclude participants for violations of these conditions of participation. This applies in particular if participants provide false information. If an excluded participant is a winner who has already been drawn, the prize can be subsequently withdrawn.

§ 7 Final clause

German law applies. Any legal recourse to review the draw is excluded.

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