Last updated: April 2019
Fundabit is a platform where users can support and engage with creators.
By clicking “I have read and agree to the Terms of Service”, or by accessing or using the Fundabit branded application accessible through https://fundabit.co or https://app.fundabit.co (“Fundabit”), you confirm to have carefully reviewed and to fully understand and agree to the terms and conditions set forth in these terms. You are entering into a legally binding contract with Fundabit GmbH (i.G.) (developers, contractors or founders of Fundabit) (“we”, “our”, “us”) consisting of these Terms of Service and all terms incorporated by reference (collectively, these “Terms”). If you do not agree to these Terms, or if you are not authorized to accept these Terms on behalf of an entity, do not click “I have read and agree to the Terms of Service” and do not access or use Fundabit.
It is important to note that Fundabit is part of the Web 3 movement. Being highly decentralized, it is powered by the Ethereum Virtual Machine and the Inter Planetary File System (IPFS). It is therefore not under full control of any legal entity or private individual. While we have developed and will continue to develop Fundabit, we do not operate or control it fully and/or all the content made available by its users. We do operate the web-interface (https://app.fundabit.co) used to access the decentralized application.
Because the current version of Fundabit is in early development, we may ask you to review and accept new or supplemental terms that apply to your interaction with Fundabit and newly introduced functionalities in the future.
You may use the platform only if you agree to form a binding contract with Fundabit and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, to use the platform. If you are accepting these Terms and using the platform on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You may not create a user account for or use Fundabit if you are barred from using the platform under these Terms or under any law applicable to you, including the law of the country in which you are resident or from which you would use the platform.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately.
The Ethereum Identity Key contains a pre-set functionality to deduct from your Identity Key Balance a Gas Deduction, which is triggered by every transaction you make on Fundabit. The amount of ETH on your Ethereum Identity Key Balance remains always in your sole control and may be withdrawn any time. Fundabit and/or Fundabit GmbH (i.G.) has no access to your Ethereum Identity Key.
Certain personal information you provide on your user profile or post on publicly can be viewed by the general public. Please do not submit any information to you would not want to be publicly available. Please note that search engines may index personal information which you make public. Your user profile and other information will be available to and downloadable by other users of the platform. You understand that user data and other information you submit may be corrupted or deleted and not subject to recovery.
Funders pledge cryptocurrency to creators and will be charged a set amount per month.
To become a funder, you may create an user account that is connected to your Ethereum wallet. If you support a creator on a per month basis, then you are charged immediately at the time of the pledge for the full amount of the subscription. Your next payment will be charged 30 days after you made your initial pledge. You may cancel your pledge at any time.
Depending on the transaction volume of the Ethereum network, you may be charged a more or less significant transaction fee for your pledge, which will be added to the pledge amount. Fundabit does not control this charge. Please find information about the current transaction fees at https://ethgasstation.info. We may grant refunds at our sole discretion.
In certain situations you may lose access to a creator’s funder-only content, including rewards. These include when your payment fails, you cancel your pledge, or the creator deletes their account.
We have no control over the quality, timing or legality of content or rewards. We do not grant refunds for failure to deliver rewards. We do not guarantee the identity of creators or the validity of any claims they make. Funders may not use the creator’s content or rewards in any way not authorized by the creator.
Creators launch a page that allows funders to support them.
To become a creator, you may create a community page. By creating a page, you deploy a smart contract on the Ethereum blockchain that handles and stores your payments and is connected to your wallet.
We are not party to the agreement between creators and funders. Fundabit helps creators with the creation and distribution of content and rewards. However, you cannot:
We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Our service fee is 5% that we deduct from the funders’ pledges. Prices for our service are subject to change without notice.
We do not claim ownership in any of the content and information on Fundabit. What’s yours is yours. You own your content and your incorporated audio, photos and videos are considered part of it.
You acknowledge that by using Fundabit, you may find content that is offensive, indecent, harmful, inaccurate, or objectionable. We will not be responsible or liable to you or any third party in any way for any loss or damage of any kind of the content or for the use, inability to use, or deletion of any content and rewards distributed via Fundabit.
You acknowledge that we have no obligation, but will have the right in our discretion, to monitor, edit, refuse, move, or remove any content on the Fundabit website that violates these Terms.
Links to other sites and resources provided by third parties are provided for your information only. We do not affiliate ourselves with those third parties. Associated terms and conditions are solely between you and the third parties. It is your responsibility to review the respective terms.
Please let us know if you see content that violates these Terms and we may remove it. If you believe that a platform user is infringing on your copyright, please send an email to firstname.lastname@example.org.
By posting content to Fundabit you grant us a royalty-free, worldwide, transferable, non-exclusive, irrevocable, perpetual, sublicensable, license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. This license has the purpose to allow us to operate Fundabit, promote Fundabit and promote your content on Fundabit.
We do not screen or endorse support, represent or guarantee the completeness, truthfulness, accuracy, integrity, quality, or reliability of content (including profile data) posted or exchanged by platform users. We have no knowledge of and no means to control whether any content published on Fundabit violates any third-party intellectual property rights or is illegal under the laws of certain jurisdictions.
You are responsible for your use of the platform and for any content you provide, including compliance with applicable laws, rules, and regulations. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post or display on or to Fundabit. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
You are aware that Fundabit is a highly decentralized platform and not under full control of any legal entity or private individual. Consequently, there is no guarantee that content (including personal information) may not be accessed, collected, used, disclosed, copied, modified, or deleted by breach of any technical or operational safeguards that we have in place.
You may not fully delete some content published via Fundabit. Content stored on decentralized systems may not be removed, but only delisted which makes it more difficult to be found for others. However, we will use reasonable efforts to make your content inaccessible.
Subject to your compliance with these Terms, we grant you a non-exclusive, personal, worldwide, non-transferable and revocable limited license to access and use the current version of the Fundabit platform.
Fundabit is in early development. You understand that you will be using an early version, which we are providing on “as is”, “as available” basis without warranty of any kind (see paragraph Disclaimers and Limitations of Liability below).
You may not obtain or attempt to obtain unauthorized access to the platform or any information that does not belong to you through any means not intentionally made available by us for your use.
You also agree not to misuse the platform, for example, by interfering or accessing it using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using Fundabit:
You can control most communications from Fundabit. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the platform and your account, and you may not be able to opt-out from receiving them.
You bear the sole responsibility to determine if any action or transaction related to Fundabit have tax implications for yourself.
As part of creating your user account, you will need to connect it to an Ethereum address (public key). We recommend you store your private key with a third-party wallet or vault service (i.e. MetaMask) and safeguard it using a strong a password. You, not Fundabit, are responsible for maintaining the confidentiality of your private key that controls your public key, and for properly storing and backing them up.
If your private key or your credentials to access the third-party service is forgotten, lost, stolen, or made available to others, you could permanently lose control of your user account or your public key and its cryptocurrency. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You may not authorize any other person to access or use your user account on your behalf. You are fully responsible for all activities that take place using your account, including activities by others using your member account with or without your knowledge or permission.
You acknowledge that Internet transmissions are never completely private or secure and that any information you send or receive via Fundabit may be read or intercepted by others, even if a particular transmission is encrypted.
You may end your legal agreement with Fundabit at any time by deactivating your accounts and discontinuing your use of the platform. It is envisaged that updated versions of Fundabit will offer the functionality to self-deactivate user accounts. For the current version, however, we require you to send an according request to email@example.com.
Accessing and using the platform, and transferring ETH to the connected wallet/public key has certain risks. The risks you understand and accept are:
You acknowledge that, while we endeavour to make Fundabit available at all times, certain maintenance and upgrades will be required from time to time, resulting in the delay, suspension, or termination it. The platform may also be unavailable from time to time for reasons beyond our control. We do not guarantee, represent, or warrant that your use of Fundabit will be uninterrupted or error-free, and you agree that it may become unavailable, and we may suspend use of the platform for indefinite periods of time, or terminate the platform at any time, without notice to you and for any reason.
To the maximum extent permitted under applicable law, you acknowledge that we have no obligation to furnish any maintenance and support services for the platform.
We will not be liable for any loss or damage of any kind caused by any distributed denial-of-service attack, virus, or other technologically harmful content that may infect your computer equipment, computer programs, data or other proprietary content due to your use of Fundabit or to your downloading of any content from it, or on any website linked to it.
You understand and agree that the platform and surrounding services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Fundabit Entities” refers to Fundabit, its parents, affiliates, related companies, officers, directors, developers, employees, agents, founders, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE FUNDABIT ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Fundabit Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the platform or any content; (ii) any harm to your computer system, loss of data or cryptocurrency/-tokens, or other harm that results from your access to or use of the platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the platform; and (iv) whether the platform and the surrounding services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Fundabit Entities or through the platform, will create any warranty or representation not expressly made herein.
THIS DISCLAIMERS OF WARRANTIES CLAUSE WILL SURVIVE THE TERMINATION OF THESE TERMS AND OF YOUR USE OF THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FUNDABIT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, CRYPTO-TOKEN, CRYPTOCURRENCY, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FUNDABIT ENTITIES EXCEED THE GREATER OF ONE HUNDRED EURO (EUR 100) OR THE AMOUNT YOU PAID FUNDABIT, IF ANY, IN THE PAST SIX MONTHS FOR THE PLATFORM GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FUNDABIT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THIS LIMITATION OF LIABILITY CLAUSE WILL SURVIVE THE TERMINATION OF THESE TERMS AND OF YOUR USE OF THE PLATFORM.
We reserve the right to update, modify, or otherwise make changes to these Terms at any time. Any changes to these Terms will be posted to the platform. A notification may also be sent to the email address you have provided to us. Any changes to these Terms will take effect and be binding on you from the time of posting the changes to the platform. If you continue to use the platform following any changes to these Terms, you will be deemed to have accepted the changes and the updated version of these Terms. If you do not agree with the changes, please stop using the platform and delete or request the deletion of your user account to the platform. Please ensure that you refer to these Terms on a regular basis to check for any changes.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Fundabit’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
The applicable law is German law. Any dispute regarding these Terms or the platform is personal to you and us and will not be brought as a representative action, class action, or any other type of representative proceeding. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective disputes on a consolidated or representative basis. Any dispute arising out of or in connection with Fundabit shall be finally settled by the ordinary courts of Berlin, Germany. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
You agree to indemnify and defend us from and against any and all claims, losses, expenses brought by a third party that arises out of your breach of your obligations, warranties or representations under these Terms or relate to your use of Fundabit.
Infrequent and awesome