Terms of Use

General Terms and Conditions of Business and Use of Influnate GmbH These GTC will become effective on 25.05.2021.

§ 1 General
(1) By registering with Influnate, the user agrees to the General Terms and Conditions of Business and Use listed here. These govern the contractual and usage relationship between the operator of the Influnate platform, Influnate GmbH, Friedrichstraße 186, 10117 Berlin and the users of Influnate. Influnate objects to any deviating terms of use of other parties.

(2) Influnate enables an overarching transaction network across 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 (including content creators) without spending a lot of time. Starting with the first post, Influnate offers a content creator the opportunity to receive financial support for his posts. This means that the quality of social media posts can now also be rewarded by means of a financial contribution and not exclusively via likes and reposts. With the help of Influnate, payments can be sent and received.
Payments can be sent and received with the help of the INFLUNATE app. INFLUNATE is an independent contractor in this process. INFLUNATE does not have a banking licence for the banking industry. For payment processing, INFLUNATE uses the payment processing service provider MANGOPAY, whose main business activity is the issuing of e-money and the services associated with the issuing of e-money.

Definitions

Disbursement: refers to the withdrawal of e-money from the e-wallet to the bank account deposited by the user.

Bank account: means the User's personal bank account held by the User with a third party payment service provider.

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

E-Money: Electronic money is digital cash stored on an electronic device or remotely on a server. E-money denotes 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 deposited here, comparable to cash positions.

Deposit: denoted the topping up of the e-wallet.

Recipient: Person receiving a donation.

Fee: means the payment received by INFLUNATE from Users for the use of the services of the INFLUNATE App.

Credit: denotes the amount of e-money deposited in the INFLUNATE app.

KYC-Process: 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 the payout.

User: designates the user of the INFLUNATE app.

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

Platform: refers to the INFLUNATE app.

Post: Specific post by a person on a social media platform.

Sender: means a person who directs a donation.

Donations: means a financial contribution from a user of the INFLUNATE App.

Transaction: A transaction describes the deposit, transfer of a donation, receipt of a donation or withdrawal of an amount from the e-wallet to a bank account.

Payment order: refers to creating and sending a post in the comment function of a social media platform.

Payment service provider: means the payment service provider MANGOPAY.

Two-factor authentication:
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 functionality of Influnate

Influnate provides an overarching donation network via the most popular social media platforms and transfers the donations instructed by the users to the recipients. Influnate offers the user the possibility to transfer these donations 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.

The contractual service of INFLUNATE consists in granting the use of the INFLUNATE app for sending and receiving donations via social media platforms, as well as in the payment of the donations to a bank account. The use of INFLUNATE is only possible for legally competent persons over the age of 18, provided they have at least one active social media account and a bank account.

Conclusion of contract

The user registers on the website www.app.influnate.com

The prerequisite for this is a valid e-mail address and a password to be set by the user. The user shall state his or her first name and surname when registering.

The user can register via a Google user account or a Twitch user account. The user can access his Influnate user account with the login data of his Google or Twitch user account.

INFLUNATE sends the user an automatic confirmation by e-mail after receipt of the registration. This e-mail contains a hyperlink via which the user verifies the e-mail address he has provided. By clicking on a verification link, the user assures that all information provided by him/her is correct.

By registering, the user makes an offer to conclude a user contract. The user contract comes into effect with the successful registration. Within the scope of registration, the user agrees to these General Terms and Conditions of Use and the General Terms and Conditions of Use for Payment Services of the payment service provider MANGOPAY.

Creating an e-wallet

After registration, the user is redirected to the INFLUNATE app and an e-wallet is created.

To create an e-wallet, further information is requested from legal entities and organisations.

Legal person:
Company name
E-Mail
Commercial register number
Postal address, postcode, city, region, country of registered office

First and last name of the managing director
Date of birth of the managing director
Nationality of the managing director
Country of habitual residence of the managing director
Postal address of the managing director, postcode, city, region, country of habitual residence

Organisations/individual companies:
Name of the organisation/sole proprietorship
E-Mail
Postal address, postcode, city, region, country of registered office

First and last name of the person authorised to represent the company
Date of birth of the authorised representative
Date of birth of the authorised representative
Country of habitual residence of the authorised representative
Postal address of the person authorised to represent, postcode, city, region, country of habitual residence

After completing the registration, the user will automatically receive two e-wallets. The user will now automatically receive one e-wallet in euros and one e-wallet in US dollars.

The user can choose in the user account which functions he wants to use. The user can change this setting in his user account at any time.

The user assures that the data deposited for the e-wallet are always up-to-date and correct. INFLUNATE shall not be liable for any damage resulting from incorrect 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) authorised and supervised in accordance with the provisions of the CSSF (Commission de Surveillance du Secteur Financier).

In order to be able to withdraw 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 withdrawal.

INFLUNATE transmits the data to MANGOPAY for KYC verification.

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

Loading the e-wallet

Credit is recorded in the form of e-money in the e-wallet.

The e-money balance is created either by the user using the "Deposit Money" function on the Influnate platform or by another Influnate user sending e-money to the user as part of a transaction (donation).

A deposit of funds is made by specifying the desired amount and selecting the currency.

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

The data is transmitted to MANGOPAY using SSL encryption. Users of credit cards can save the payment information for the respective credit card and thus access the information during the next deposit process without re-entering the credit card information.
Der Nutzer achtet darauf, dass er den Einzahlungsvorgang mittels Kreditkarte nicht durch die Aktualisierung des Browsers unterbricht.

The balance in the e-wallet describes the amount in e-money that is 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 in the user account.

Trigger donation - Send donation

Donations can only be triggered if the e-wallet has at least the donation amount as a credit balance.

The user sends the donation by entering "@influnate" in the comment section under a post on a social media platform and then the desired amount in EURO or US dollars. As soon as the comment is sent with the correct description, the transaction of the instructed amount will be made, unless the user has activated the 2FA in the Influnate app. As far as the user has activated 2FA for sending donations, the transmission of the transaction data will be executed upon successful completion of the 2FA - process.

The sender of the donation gives Influnate the order to transfer e-money from the sender's e-wallet to the recipient's e-wallet. The payment orders are generally commissioned immediately. A period of one day applies for the execution. Within this period Influnate, as a technical service provider for MANGOPAY, will transmit the payment order.

To the extent that the E-Wallet does not have sufficient funds, Influnate will not execute the transfer of the data and the user will be displayed a notification of insufficient funds in the Influnate App. The transaction will be displayed to the user as "Transaction being processed". As long as the sender's e-wallet has sufficient funds, the transaction will be made automatically.

If the sender sends a donation to a recipient who does not have an Influnate user account, this transaction will be displayed as "Transaction being processed" in the sender's user account.

Donation received via social media platform

A donation can be received by both a user registered with INFLUNATE and a content creator not yet registered. 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 the INFLUNATE homepage. The content creator can now register with INFLUNATE and the donation will be automatically credited to his or her e-wallet after the registration process has been completed.

Donations received in the e-wallet

Recipients who have an e-wallet will have donations automatically credited to their e-wallet.

When the donation is received, the recipient receives a notification in the INFLUNATE app.

Donations can either remain in the e-wallet in the INFLUNATE app or be paid out by the user to the bank account deposited by the user after successful completion of the KYC process.

Receive money via payment link

The user receives a personalised payment link in the Influnate app. To do this, he must assign himself a user name. This username is visible to everyone when using the payment link. The payment URL is personalised by means of the user name, which is added to the end of the payment link.

This personalised 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 the Influnate web app for login or registration.

Insofar as the sender of the money is already the holder of an Influnate E-Wallet, the amount of money selected by the sender will be automatically debited from his E-Wallet after selection and confirmation and credited to the recipient's E-Wallet.

Insofar as the user creates a personalised Payment Link, he grants Influnate permission to make the personalised Payment Link publicly accessible on the respective social media platform when used by the user. The user undertakes not to use a misleading user name. The Payment Link must not suggest that it is connected to 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 the terms of use.

Pay out credit

Before the first payment of credit to a bank account deposited by the user, the user is obliged to go through a KYC process with the payment service provider MANGOPAY. For this purpose, the date of birth, nationality and country of residence of a user who is registered as a private individual are requested. The requirements and the course of the KYC process are based on MANGOPAY's regulations. MANGOPAY decides independently on the KYC process, INFLUNATE has no influence on the decision of MANGOPAY in connection with a KYC check.

For payout, the user enters the payout amount and confirms the payout.

Withdrawals of credit balances are free of charge for the user. The maximum amount that can be withdrawn from the user's account is the credit balance shown in the user account.

Security - Two-factor authentication (2FA)

The user can optionally define an additional security level for his transactions. To do so, he activates the 2FA in his user account under "Security settings". With activation of the 2FA, the user must verify each payout by means of an OTP app. The user can optionally add the verification of each individual donation.

For the 2FA, a password (OTP) is sent to the user by e-mail. This e-mail contains a link to the OTP verification. There, the user must enter the OTP and can thus finalize the transaction.

Chargebacks of donations

If the recipient of a donation is already the holder of an e-wallet, the sender cannot reverse a donation within the Influnate app after the payment order has been submitted.

If the recipient is not the holder of an e-wallet and the recipient also does not create an e-wallet with INFLUNATE within 14 days, the sender can reverse the donation at any time via the INFLUNATE app.

In dieser Zeit wird der Status „Transaktion wird verarbeitet“ im Nutzerkonto des Senders angezeigt.

If the recipient does not hold an e-wallet within 14 days, Influnate will arrange for a credit to the sender's e-wallet in the amount sent by the recipient.

Minimum amount of the donation - sending limit

The minimum amount of a donation is 1.00 EUR or 1.00 US Dollar.
The maximum amount of a donation is 2,500.00 EUR or 2,500.00 US dollars.

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 respective donation amount.

The transaction fees are due immediately. Influnate will deduct the fee immediately from the donation before crediting the difference to the recipient.

Duties of care

The user undertakes to handle the log-in data with care and not to pass them on to third parties. If a person other than the owner of the user account gains access to a user account and unauthorised payment is made, this shall be at the expense of the user.

The user must refrain from any activity which is likely to 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 use of the INFLUNATE App, as well as the automatic reading, blocking, overwriting, modifying, copying of data and/or other content.

Obligation to notify

If the user discovers the misuse, loss or theft of his user identification or any other unauthorised use of his INFLUNATE user account, he shall inform INFLUNATE immediately:

This notification is made:

  • directly by e-mail to the following address: info@influnate.io

INFLUNATE shall immediately block the user account.
Influnate informs MANGOPAY immediately about the blocking. The incident is stored, date and time are recorded. A written confirmation of this blocking the user receives by e-mail by Influnate.

Rules of conduct for users

The user undertakes not to violate any applicable law when using Influnate. He ensures not to use the platform to finance illegal or immoral content. Influnate does not assume an inspection and control obligation.

Prohibited activities include, but are not limited to:

  • the provision of false or misleading data,
  • sending and receiving payments where there are reasonable grounds to believe that the money originates from fraudulent or other prohibited or criminal activities,
  • the violation of applicable law, in particular regulations on the financing of terrorism and money laundering.

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 offer can not or only partially be used.

The user undertakes not to make any disruptive interventions of any form on the system of Influnate. Electronic attacks on Influnate (including all hardware and software used to operate the platform) or on individual users are prohibited.

In particular, the following interventions are prohibited:

  • Hacking attempts (bypassing and/or overriding security measures)
  • Denial of service attempts, i.e. attempts with a large number of generated requests to the INFLUNATE server to prevent it from carrying out the activity, to slow it down or make it inaccessible;
  • Checking, scanning or testing the vulnerabilities in the system.

If a user violates these Rules of Conduct, the duties of care in § 18 and/or the duty of disclosure in § 19 and Influnate becomes aware of this, Influnate reserves the right to block the user's account temporarily or completely or to refuse the transmission of Allocation Data. The user will be informed of the blocking by e-mail and will be given a reasonable period of time to transfer the balance in the e-wallet to a bank account. He shall delete his user account in case of a final blocking. Influnate will initiate a deletion of his e-wallet with MANGOPAY.

Use of the services

Influnate shall ensure a high accessibility of its services. Excluded from this are times in which the server cannot be reached due to technical or operational reasons beyond Influnate's control, in particular in the event of force majeure and 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 the course of using the services require this.

INFLUNATE is entitled at any time to change individual services or to discontinue them temporarily or permanently. In the event of a change or discontinuation of the services, INFLUNATE shall grant the user the possibility of transferring the credit balances in the e-wallets to the bank accounts deposited in each case within a reasonable period of time.

Liability

Influnate shall be liable without limitation for damages arising from injury to life, body or health as well as for damages based on 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 the contract, for such damage which is based on a slightly negligent breach of material contractual obligations by it or one of its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on.

Influnate shall not be liable for any reductions due to exchange rate fluctuations.

Termination of the contract of use

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

Termination by INFLUNATE is possible subject to a notice period of one month to the end of the month, unless the termination is for good cause (breach 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 the possibility to debit existing credit.

INFLUNATE will immediately terminate the contractual relationship between the user and MANGOPAY in the event of a deletion on the part of the user or a termination on the part of INFLUNATE.

Insofar as a user dies or is no longer legally capable, the representatives shall contact Influnate in order to bring about a termination of the use of the Services.

Force majeure

Events of force majeure which make it impossible or not insignificantly difficult for INFLUNATE to fulfil its contractual obligations shall entitle INFLUNATE to temporarily suspend the fulfilment of its obligations for the duration of the hindrance.

Changes to the general terms of use

INFLUNATE reserves the right to amend these General Terms and Conditions of Use and Business at any time with effect for the future if there is an objective reason for doing so. This shall be given in particular if INFLUNATE extends/changes its range of services or in the event of a change in the legal situation. INFLUNATE shall notify the user of a change in good time in advance and grant him a reasonable period to object to this change. If the user does not object within this period, this shall be deemed to be consent. In the notification of the planned amendment INFLUNATE shall make special reference to the significance of the cancellation period. In all other respects, the statutory provisions shall apply.

Notice Art 14 ODR Regulation

In the event of a dispute, consumers have the possibility to contact the portal "Your Europe" at https://europa.eu/youreurope/citizens/index_de.htm to conduct an online conciliation procedure with the involvement of a recognised conciliation body. The EU online dispute resolution platform is available at https://ec.europa.eu/consumers/ord/ to reach.

This online conciliation procedure is not a mandatory prerequisite for recourse to the ordinary courts, but represents an alternative form of dispute resolution.
Influnate is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final provisions

The invalidity of a provision of these General Terms and Conditions of Business and Use shall not affect its validity in other respects. In the event of a dispute, an invalid provision shall be replaced by a valid provision that comes as close as possible to the invalid provision and is in the interest of the parties.

This online conciliation procedure is not a mandatory prerequisite for recourse to the ordinary courts, but represents an alternative form of dispute resolution.

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

Information on the distance selling contract / right of withdrawal

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

Right of withdrawal
If the user is a consumer, he/she may revoke the declaration directed towards the conclusion of the contract of use as follows:

Cancellation policy:
The user may revoke the contractual declaration to conclude the user contract within 14 days without stating reasons by means of a clear declaration. The period begins after receipt of this declaration on a durable medium (letter, telephone, e-mail), but not before conclusion of the contract and not before fulfilment of the information obligations pursuant to Article 246b § 1 paragraph 1 in conjunction with § 1 paragraph 1 numbers 7-12, 15 and 19 as well as Article 248 § 11 paragraph 1 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period if the declaration is made on a durable data medium.

The revocation is to be addressed to:
INFLUNATE GmbH,
Friedrichstraße 186,
10177 Berlin,
Telefon: 036165353865

E-Mail: info@influnate.io

Consequences of withdrawal:
In the event of an effective revocation, the services received by both parties are to be returned. INLFUNATE will delete the user account of the user and obtain a deletion of the e-wallet at MANGOPAY.

General Terms and Conditions of Participation of INFLUNATE GmbH

§ 1 Scope of application and organiser

These Terms and Conditions of Participation govern the conditions for participation in prize draws. The description and the procedure of the competition take place within the framework of the respective competition action.

These terms and conditions apply when persons participate in competitions and invitations to tender issued by INFLUNATE GmbH, Friedrichstraße 186, 10117 Berlin.

By participating in the respective competition, these terms and conditions are accepted.

§ 2 Participation

Persons over the age of 18 are eligible to participate. Employees of INFLUNATE GmbH and employees of cooperation partners who are/were involved in the creation and processing of the competition are excluded.

§ 3 Winning and notification

The prizes are described in the respective competition promotion.

The winners will be selected at the latest one week after the closing date according to the random principle stated in the competition description.

The winners will be notified via the social media comment function or in a separate information on the part of INFLUNATE and requested to send an e-mail to the address given there, in which the personal data is submitted truthfully and completely. This data will be used to send the prize.

If no e-mail is received from the winner within the period stated in the e-mail from INFLUNATE, the claim to the prize shall lapse.

The prize is non-transferable and cannot be exchanged or paid out in cash.

The winner accepts a replacement prize, insofar as circumstances exist for which INFLUNATE is not responsible. 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 when the prize is handed over to a transport person. INFLUNATE is not liable for delivery damage.

§ 4 Data protection information on the competition

When you enter one of our competitions, we process the following data depending on the competition:

  • E-Mail
  • Name
  • Adress

We process the personal data for the purpose of carrying out and processing the competition, e.g. to determine whether you are eligible to participate and, if necessary, to send you the prize. Participation in the competition 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 General Data Protection Regulation (DSGVO).

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

§ 5 Early termination

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

§ 6 Exclusion of participants

INFLUNATE is entitled to exclude participants for breaches 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 may be subsequently withdrawn.

§ 7 Final provision

German law shall apply. Legal recourse to review the draw is excluded.