Terms of Use

Flattr closed beta

Terms of Flattr
Terms of our Payment Provider MangoPay


Welcome to Flattr, a product and service provided by Flattr AB, Box 4111, 20312 Malmö, Sweden (“Flattr”, “we”, “our”, or “us”). We have developed the browser extension Flattr ("Extension") which can be downloaded at flattr.com (“Website”) and other domains and / or App Stores. The Extension is a browser add-on that allows users to easily contribute to content they like based on a smart algorithm that measures each individual user’s engagement on the websites he / she visits, and then automatically distributes the right amount of funds to the respective content.

1. Scope: To whom and what do these terms apply?

These terms of use (“Terms”) govern the use of the Extension and the processing of contributions (“Transactions”; Extension and Transactions together “Services”) by contributors, content creators and content publishing companies (all together “Users” or individually addressed “You”). All Users that are natural persons must be of full legal age, meaning at least 18 years (“Adults”). AS A MINOR YOU ARE NOT ENTITLED TO USE FLATTR. Please read these Terms carefully before using Flattr. By opening a Flattr account, You agree to the Terms. If You do not agree to the Terms, do not open an account or use our Services. Your own terms and conditions will only become part of this agreement if we have explicitly agreed upon this in writing.

We can agree with You on additional terms with respect to certain new functions in connection with the Extension. However, we will duly inform You of such additional terms beforehand.

We reserve the right to offer additional services. If we do so, we may provide You with additional terms.

These Terms are aimed at both end users and businesses. End users are persons who conclude legal transactions for a purpose that can be ascribed neither to their commercial nor self-employed professional activities. Businesses are either natural persons, legal entities or legally capable partnerships who exercise their commercial or self-employed professional activities when concluding a legal transaction.

2. When and how do we modify these Terms?

We reserve the right to amend and adapt these Terms with future effect. You can always request the currently applicable version of these Terms via flattr.com/contact, or access them on our website. We will notify You via the email prior to their planned introduction, outlining any new regulations and their effective date. We will allow You a reasonable period of time, equating to at least six weeks, to declare whether they agree to the amended Terms for the continued use of Services. If You do not object within the given time period, which begins on receipt of the notification, the new regulations will be regarded by Flattr as agreed upon. We will advise You at the start of the given time period of Your right of objection, the objection period and the implications of not responding. This amendment mechanism does not apply to changes to major contractual obligations between us and You.

3. What do I need to do to use your Services?

In order to use our Services, You must:

  1. install the Extension to contribute to content and
  2. sign up for an account.

3.1 Installation of the Extension

You can install the Extension on Your desktop browser by clicking on the “Add to” button on flattr.com. Here You will find a list of the browsers we currently support.

3.2 How to sign up and conclusion of the agreement

Registration

You cannot use the Services without registration; the Extension will not be active without registration. You can register and open an account by including the required information truthfully in the signup form and submit this information by clicking the “Sign up” button. We will send You a confirmation of Your registration via email including the confirmation link after You have clicked the “Sign up” button. You will enter into an agreement with us as soon as You have clicked the confirmation link.
If requested by us, You agree to provide us with additional information about You or Your services within a reasonable time. Failure to do so may result in Your account being terminated or suspended.

Payment Account

If you want to contribute or receive contributions, You must open a payment account, which is technically operated by our Payment Provider (Section 8), but integrated in Your Flattr account in our Services.
To open a payment account You must be either:

  • a natural person being an Adult, with capacity to enter into legally binding contracts, or
  • a legal person, resident or registered in a member State of the European Union or in a state that is party to the agreement relating to the European Economic Area, or in a third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism.

Opening a payment account requires additional information, which must be provided by You. For more information on what information is required, please refer to our Privacy Policy.

KYC

Pursuant to the laws for the prevention of money laundering and terrorism financing, the Payment Provider (Section 8) is obliged to identify every User and to collect certain documents and information in this regard for the purpose of receiving money or withdrawing money. This so called “Know your customer” (“KYC”) information is mandatory for contributing and / or receiving contributions. For more information, please refer to our Privacy Policy. KYC might take up to three (3) working days.
We reserve the right to refuse the registration of, or cancel an account at our sole discretion, at any time and for no reason at all.

4. Scope: What we offer to You when You use our Services

Subject of our Services is both (i) the use of the Extension free of charge, including the manual maintenance of flattered content, and (ii) the processing and receiving of contributions (the receiving of contributions subject to valuable consideration).

4.1 Use of our Extension

Both the installation and the use of the Extension are free of charge. The Extension runs in Your browser on Your device and automatically collects the data necessary to flatter content. For further details on data collection and processing, please read our Privacy Policy. Only websites that are on our whitelist and sites you enabled flattr for will receive flattrs based on Your browsing engagement. You can review Your flatters and You can always change them manually in Your account before a transaction has been generated. For further information on how to give flattrs, please read our FAQ.
Upon Your proper registration with our Services, we grant to You the non-exclusive right to access and use our Services for the term of this agreement and only in accordance with these Terms. Our Service is available only to Adults, whether acting on their own behalf or as authorized employees or representatives of an entity. If You do not so qualify, do not attempt to register for, or use, our Services.

4.2 Processing and receiving of contributions

The main part of our Services is the contribution to content, which is free of charge for the User contributing, but is subject to the fee for the Users receiving the contributions as stated in Section 6 of these Terms.

4.2.3 Contributions

To contribute, You need to choose a monthly budget, which You can change at any time before the end of a calendar month. Based on Your specific surfing engagement, manual flattrs and Your manual changes and / or restrictions – if any – Your monthly budget will be automatically contributed to the respective Users. Normally contributions will take place on the first of each month. In the event of a technical reason, it may happen a few days later (“Contribution Date”). If during a given month a User has not engaged on any flattrable site, the respective monthly contribution amount will remain in the User’s Flattr account.

4.2.3 Refunds

Until the contributions have been transferred to the respective receiving Users, the User can refund his budget by sending a refund request via the contact form at least three (3) working days before the Contribution Date. For sending the request, the User must be logged in and use our contact form in order to ensure that he / she is the legitimate account owner.

4.2.4 Receiving contributions

As a User receiving contributions, You need to add one or more websites or one or more social accounts (find out more) containing content which can be subject to flattrs. In order to withdraw any money received You must add a valid bank account to Your profile and verify Your account (KYC).

4.3 Availability of our Services

Our Services will be available for use ("system uptime") 24 hours a day, 365 days a year with 96% availability on average ("SLA"). If maintenance work is necessary and if our Services are not available for maintenance reasons, we will duly inform You. Disruptions to our Services for maintenance reasons will not be counted as part of SLA time. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which our Services cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeure, fault of third parties, etc.

5. Your obligations when using our Services

5.1 Payment of transaction fees

Users receiving contributions are obliged to pay the transaction fee as stated in Section 6 of these Terms, which will be automatically deducted from Your account.

5.2 Not permitted use

You are responsible for keeping Your login credentials, including Your password, confidential. This means that You do not give it to anyone else, that You do not permit or enable third parties to gain knowledge of it and that You take the necessary steps to guarantee its confidentiality. If Your credentials are lost or misused, or if You suspect that they have been lost or misused, You must notify us of this immediately via our contact form to make sure that Your account is blocked immediately.

Additionally, You agree not to use our Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Flattr. By way of example only, and not as a limitation, You agree not to use our Services:

  1. to add any website or social account which provides, supports or promotes illegal content, as but not limited to content that is infringing upon third party’s IP rights, libelous, defamatory, obscene, abusive, offensive, profane or otherwise violates any law or right of any third party;
  2. for any illegal or unauthorised purpose. If You are an international user, You agree to comply with all local laws regarding online conduct and acceptable content;
  3. to use any information obtained from our Services in order to contact, advertise to, solicit or sell to any User without their prior explicit consent;
  4. sell or otherwise transfer Your profile.

In addition, You agree that You will not use our Services on behalf of, or at the request or instruction of, any third party. Furthermore, You will not request any third party, pay or otherwise attempt to influence any third party to manipulate or otherwise affect our Services in any manner.

5.3 Types of websites not permitted

Please note that You are not permitted to flattr or to add some websites for legal reasons. Websites that are not permitted to be flattred or added are websites which include or promote:

  • Hate speech, which includes:
    • content that incites hatred or promotes violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation / gender identity;
    • assaults the human dignity of others by insulting, maliciously maligning an aforementioned group, segments of the population or individuals because of their belonging to one of the aforementioned groups or segments of the population, or defaming segments of the population;
    • denial of the Holocaust.
  • Hacking / cracking content and warez or the promotion of those.
  • Sale of products that are replicas or imitations of designer goods or otherwise protected by intellectual property rights.
  • Online gambling or online casino-related content, sale of alcohol or sale of prescription drugs.
  • Pornographic or highly suggestive content or images that violate the applicable laws.
  • Sale of weapons or ammunition.
  • Anything that facilitates or promotes copyright infringement.
  • Extreme violence.
  • Promotion of illegal drugs or drug paraphernalia.
  • Any other content that is illegal, promotes illicit or harmful activity, or infringes on the rights of others. This includes in particular sites that provide “how-to” information on bomb-making, lock-picking and similar topics.
  • Defamatory or libelous content.
  • Distribution of viruses, malware.

5.4 Breaches of Your obligations

If You breach any part of Section 5.2, we have the right to immediately terminate Your access to our Services. Any other rights we may have shall remain unaffected.

We are also entitled to immediately suspend or withdraw Your right to make any transactions from Your payment account where:

  • we have reasonable grounds to believe that there may be a breach in the security of Your account details;
  • we suspect the unauthorized or fraudulent use of Your account details, or due to European or national law applying to us.

Where possible and reasonable, we will inform You in advance that we are intending to do so and the reasons for these actions. If such advanced information is not possible or reasonable, we will inform You at the earliest opportunity after and in any event within the time that You would expect a transaction to take place.

Apart from that, we will not inform You where this would compromise our reasonable security measures or is otherwise contrary to any applicable law, rule or regulation.

Where the reasons for our actions then cease to exist, we will then either reinstate Your access to Your account or issue you with new account details as soon as practicable.

6. What are our fees?

The use of the Extension is free of charge.

When receiving contributions, we charge a transaction fee of 10% of Your total monthly received contributions. This fee includes all payment provider fees.

All fees are gross prices including the applicable value added tax, if any.

7. Term and termination of this agreement

The use of our Services shall be concluded for an indefinite term. Both parties have the right to terminate the agreement with prior written notice (electronic means is sufficient) of one (1) week until the end of a calendar month.

The right to terminate the agreement for just cause remains unaffected.

Deletion of Your Account and withdrawal of budget

For a full deletion of Your account and all data related to it, Your payment account must be empty. All budget of the months in which the termination took place will be contributed according to these Terms. If there is any money in Your payment account which cannot be contributed, You must withdraw Your budget first. Until all budget is contributed or withdrawn we will block Your account for use, but are not entitled to delete Your data due to payment regulatory provisions.
Following Your withdrawal of the money, the credit balance of the account will be transferred without undue delay, to the User’s bank account after deduction of any fees due and payable to Flattr. After having transferred the respective amount to the bank account of the User, we as well as the Payment Provider have no more obligations towards You.

8. Use and Terms of Payment Provider

For contributions we use the external third party platform MangoPay, SA, seated in Luxembourg (“Payment Provider”). All transactions in connection with the contributions are carried out by, and in the sole responsibility of, the Payment Provider. Therefore, You must enter into a Framework Agreement for Payment Services (“Payment Provider Agreement”) with the Payment Provider. By opting the Payment Provider Agreement and / or clicking the sign up button, You agree to the terms and conditions of the Payment Provider Agreement.

9. Indemnification

You will indemnify us from all claims, including damages claims, asserted against us by other Users or other third parties, including public authorities, due to violations of their rights due to or arising out of:

  • any User’s activities, practices, websites and services of any sort whether performed directly or indirectly;
  • any violation of the Terms or applicable law by the User;
  • the infringement by the User of any intellectual property rights or other rights of any person or entity.

You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.
The above-mentioned obligations will only apply if You are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.

10. Warranty in connection with defects

We are only liable for defects in connection with our Services provided; the impairments are not due to the restrictions in availability (SLA) described in Section 4.3.

A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. Where contributions cannot be made, You must not pay any fee under these Terms.

You must immediately inform us of the defect via our contact form.

You are not entitled to claim damages due to a defect with our Services, or due to a circumstance for which we are not responsible – either existing when you sign the agreement or occurring thereafter.

Further claims and rights for defects to our Services – other than those explicitly named in this Section 10 – will not be recognized except if we are held liable for them by statutory provisions.

11. Limitation of liability

11.1 Free use of the Extension

Our liability for use of the free Extension is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.

11.2 Use of the contribution of Services

We will be liable as follows for use of all Services in connection with the contributions:

  1. Claims for compensation on the part of the User are excluded from these Terms. Exceptions to this exclusion of liability are claims for compensation on the part of the Company for loss of life, bodily injuries, damage to health, the violation of essential contractual obligations (cardinal obligations) or damages resulting from a deliberate or grossly negligent breach of duty on the part of Flattr, its legal representatives or agents. Cardinal obligations within the meaning of these Terms are the obligations that ensure the proper execution of the agreement and the fulfilment of its purpose and the observance of which the users can therefore regularly rely upon.
  2. In case of a breach of fundamental contractual obligations, we are only liable for contract-typical, foreseeable damage caused by simple negligence, except claims made by Users for compensation resulting from loss of life, bodily injury or damage to health.
  3. The regulations outlined in this Section 11 (2) and (3) also apply to legal representatives and agents of Flattr if the claims are made directly against them.

12. Miscellaneous

12.1 Governing law and dispute resolution

These Terms shall be governed by Swedish law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The Swedish courts will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the terms or their subject matter or formation (including non-contractual disputes or claims).
In any action or proceeding to enforce rights under the terms, the prevailing party will be entitled to recover the costs of the proceedings including, but not limited to, any reasonable legal fees and costs.

12.2. Governing language

These Terms are drawn up in the English language and may be translated into any language other than English provided that the English text will in any event prevail.

12.3 Severability

Should any individual provision of these Terms be or become invalid and / or contrary to the statutory provisions, this will not affect the validity remaining terms of these Terms. In place of the invalid, unenforceable term, the parties shall mutually agree on such valid commercial terms which the parties would reasonably have agreed otherwise. The above mentioned provision will apply correspondingly in the case of omissions in these provisions.

May 8th, 2017