Herein we provide all information about who we at so.fa.dog are, and how so.fa.dog’s Passion Economy platform and services are provided
1. WHO WE ARE AT SO.FA.DOG
1.1 We are a legal person, established pursuant to the laws of Estonia: so.fa.dog OÜ (hereinafter: so.fa.dog), registry code 14907465, address: Kastiku tee 9, Tallinn 11912, Estonia.
1.2 These Terms and Conditions reflect how so.fa.dog’s Passion Economy platform and services (hereinafter the so.fa.dog platform) work and sets forth the applicable laws and our founding principles. Thus, these Terms and Conditions define our relationship with our Creators and Fans. Understanding these Terms and Conditions is important because, to use the so.fa.dog platform, you accept these terms. If you are unwilling to accept these Terms and Conditions, you cannot use the so.fa.dog platform.
1.3 You may always contact us to enquire about these Terms and Conditions or for any assistance at email@example.com.
2. WHAT WE DO AT SO.FA.DOG AND AS A COMMUNITY, AND HOW
2.1 Platform for Creators and Fans. so.fa.dog provides a platform where Creators can post content and meet Fans, and Fans can access the content, and interact with the Creators and other Fans.
2.2 Community for all. The so.fa.dog platform is established and operates for its community—Creators and Fans—and not for advertisers. Our aim is to bring relevant content close to Fans and make it enjoyable and reasonable for Creators to create and share their content on the so.fa.dog platform in an accessible, easy-to-follow manner, without the distraction of advertisements.
2.3 Inclusive community. For the community to thrive, it is important to keep the community a safe and supportive space for all within our community. This is where our Community Guidelines—rules and recommendations for how to behave on the so.fa.dog platform—come into play. To sum up, the Community Guidelines set forth what kinds of content may not be posted on the so.fa.dog platform and describes the consequences of breaching the Community Guidelines—anyone can always report a community member and their behavior using the in-app reporting feature. so.fa.dog will review all reports and decide whether
there is a violation of our Community Guidelines, and in case of a violation, we may remove the content, suspend or ban the account, and/or notify law enforcement. We hope our users respect the Community Guidelines—just as we respect our users.
3. USE OF THE SO.FA.DOG PLATFORM
3.2 To use the so.fa.dog platform, you must open an account. To open an account, you must:
3.2.1 provide us with truthful information and keep it updated;
3.2.2 be at least 14 years old or have your parent’s/guardian’s permission;
3.2.3 agree to these Terms and Conditions.
3.3 You may always terminate and delete your account.
3.4 Free use
3.5 so.fa.dog may enable the use of the so.fa.dog platform without requiring you to start a subscription or free trials.
3.7 Fees are applicable to both Creators and Fans and may be in the form of so.fa.dog subscription fees, usage fees, processing fees, access fees, one-time fees, donation fees, etc., as presented and explained during your use of the so.fa.dog platform, and are as a standard paid in COINS.
3.8 If you subscribe to the so.fa.dog platform as a Fan, your subscription will continue until modified or terminated. Your subscription may be for the use of the so.fa.dog platform to access a specific Creator or content. Unless you cancel your subscription before your billing date, you authorize us or a relevant third party to charge the subscription fee for the next billing cycle.
3.9 so.fa.dog may offer a selection of subscription plans whose conditions will be disclosed upon signing up or during the use of the so.fa.dog platform or in other communications made available to you, and the fees set forth in the plan description are exclusive of any taxes or levies unless specifically stated otherwise (if Fees are paid in COINS). You can always find details regarding your subscription within the service itself (e.g. so.fa.dog’s mobile application).
3.10 To use the so.fa.dog platform, you must have internet access and a supported device, and you need to purchase a sufficient amount of COINS.
3.11 Free Trials and COINS
3.12 Your subscription may start with a free trial or free COINS. The duration of the free trial period will be specified during sign-up and is intended to allow new users to try the service. We reserve the right to revoke the free trial.
3.13 We will charge the subscription fee for the next billing cycle via an in-app third party payment provider at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period.
3.15 In order to use the so.fa.dog platform and services therein, you need to purchase COINS. In order to purchase COINS, you must provide payment information as the payments are only processed through a third party (Google Play, App Store or a credit card where available) and you agree to the following:
(1) to pay the applicable fees and any taxes (e.g. VAT, GST);
(2) that we may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store (like the Apple App Store, Google Play) where the so.fa.dog platform is made available, for verification, pre-authorization and payment purposes; and
(3) to bear any additional charges that such third-party payment processors may levy on us for processing payments, or on you, as well as any taxes or fees that may apply to your subscription.
You’ll receive confirmation of payment in the relevant app store’s standard format.
If you choose to start a subscription to the so.fa.dog platform or initiate any other Fees, you authorize so.fa.dog to credit COINS that you own. You’ll receive in-platform confirmation about your subscription.
3.16 All payments made are non-refundable and non-transferable except as expressly provided in these Terms and Conditions or in the terms of the respective app store.
3.17 COINS are used for intra-community fees as well as to purchase services, goods, or platform access and for participating in development and evolvement of the community and the so.fa.dog platform in accordance with the bylaws. When purchasing, redeeming or using COINS and if not agreed differently with so.fa.dog, you are aware that:
3.17.1 COINS have no rights, intended uses or attributes outside of use of the so.fa.dog platform or as otherwise expressly referred to in these Terms and Conditions;
3.17.2 COINS are not shares, trust units or partnership interest, and accordingly are not considered equity
interest for the purposes of applicable laws;
3.17.3 a purchase of COINS is non-refundable and cannot be cancelled;
3.17.4 a purchase of COINS involves varied risks that can result in the loss of all amounts paid (e.g. hacking);
3.17.5 so.fa.dog reserves the right to refuse or cancel COIN purchase requests at any time at its sole and absolute discretion. In addition, if you use COINS for malicious purposes, so.fa.dog may freeze or suspend the COINS;
3.17.6 COINS are not backed by other assets that you would have any rights or access to;
3.17.7 other Fans or Creators may receive more COINS for the same amount paid depending on transaction costs, taxes, and geolocation;
3.17.8 so.fa.dog may, at its sole discretion, offer COINS at any price point and/or on any terms that it deems reasonable.
3.18 Payments from so.fa.dog
3.19 As so.fa.dog operates as a community for Creators and Fans to thrive, we ensure that Creators get remuneration for their content. In fact, most of the Subscription fees are paid to Creators to motivate the creation of exciting content for Fans, and only the platform use fee and transaction costs are paid to so.fa.dog.
4. BILLING, COLLECTING AND CANCELLATION
4.1 Payment and collection of any fees may be done in valid currencies or COINS on the so.fa.dog platform. The coins can be purchased, redeemed or used on the so.fa.dog platform.
4.2 Paying and charging
4.3 All amounts are payable and charged for:
4.3.1 one-time payments before the use of the so.fa.dog platform’s specific service (e.g. the Creator’s piece of content);
4.3.2 monthly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the platform you downloaded the application for using the so.fa.dog platform (like the Apple App Store, Google Play).
Payments are non-refundable and we do not provide refunds or credits for any partial periods or unwatched content. In case the payment is not received by so.fa.dog, so.fa.dog may temporarily suspend your access to so.fa.dog platform services.
4.5 You can cancel your subscription at any time, and you will continue to have access to the service through the end of your subscription period. If you choose to cancel your subscription, you must do so before it renews to avoid the fees being billed for the next subscription period. You can cancel the renewal of your subscription at any time through the so.fa.dog platform or the relevant app store (like the Apple App Store, Google Play). You will not receive a refund for the fees you have already paid for your current subscription period (as the so.fa.dog platform is a digital service) and you will continue to receive the so.fa.dog platform as subscribed until the end of your current Subscription period.
4.6 Changes to fees
4.7 We, as well as a Creator, may change subscription fees (including the price of COINS) from time to time; however, any price changes or changes to your existing subscription plans will apply no earlier than from the next billing cycle and in case of disagreement, the subscription will end. For new services, subscription plans, and content, the Creator is free to set the fees.
4.9 All amounts payable to the Creators will be paid by Fans in COINS in real time. On a monthly or by-weekly (or any other agreed) basis, so.fa.dog will redeem the COINS to valid currency and pay the collectable sum to the Creator’s payment service account specified by the Creator.
4.10 so.fa.dog and payment service providers may withhold applicable fees and any taxes in which case you are notified of such withheld fees and taxes. However you are responsible for bearing any additional charges that such third-party payment processors or your country of residence may levy on you (e.g. income tax).
4.12 so.fa.dog and the so.fa.dog platform are subject to different applicable laws regarding the identification of Creators and Fans, tax identification, compliance, fraud, chargebacks and resolution of payment disputes, and this may mean delays in bill charging and collection. In these cases where this affects receipt or payment, or withholdings thereof, we shall inform you accordingly.
5. INTELLECTUAL PROPERTY
5.1 so.fa.dog retains any intellectual property rights that we have in our content. Nothing in these Terms and Conditions grants you any right to use any of our trademark, logo, source code, or other creations for any purpose except for promotional use of the content you have created on the so.fa.dog platform.
5.2 so.fa.dog gives access to content created by the Creators as well as by Fans. Creators and Fans making available content are responsible for ensuring that it does not infringe any rights of others.
5.3 If you have made content available on the so.fa.dog platform, you retain all copyrights to that content; however, you grant us a non-exclusive, free, perpetual, irrevocable, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display, communicate to the public or prepare derivative works of your content to allow us to operate so.fa.dog as a content platform. Your license to us does not allow us to exploit content for any other reason, including selling it to third parties. 5.4 By making content available, you may affix information on how other Creators and Fans may reuse your content. If no such information is affixed, it is presumed that no other use except viewing and interacting with the content on so.fa.dog is authorized.
5.5 If you think someone has or we have infringed your intellectual property rights, you can send us notice of said infringement and we will take appropriate action.
6. LIABILITY, WARRANTY, INDEMNITY
6.1 We provide the so.fa.dog platform using reasonable skill and care; however, we do not proactively review or control the content posted on the so.fa.dog platform. If we or the content on the so.fa.dog platform do/does not meet the quality level expected or the content disturbs you, you agree to notify us, and we will work with you and/or the content owner to try to resolve the issue. The views expressed in the content do not reflect our views as our aim is to make different content from different Creators and Fans accessible.
6.2 The so.fa.dog platform is provided “as is” and we do not make any commitment about the so.fa.dog platform (including the content, functioning of applications or availability thereof, or ability to meet your needs) except as provided under applicable laws.
6.3 The COINS are sold on an “as is” and “as available” basis without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, quiet enjoyment, satisfactory quality, and all warranties arising from the course of dealing with, usage of, or trade practice, and that the use of the COINS will be uninterrupted.
6.4 We will not be responsible for any losses, unless they’re caused by our breach of these Terms and Conditions or as mandated by applicable laws (e.g. gross negligence, willful misconduct). To the extent permitted by applicable laws, our liability for damages is limited to the amount of money we have earned through your use of the so.fa.dog platform.
6.5 You will indemnify us for all losses and liabilities, including legal fees, that arise from these Terms and Conditions or relate to your use of the so.fa.dog platform, including any content. We reserve the right to exclusive control over the handling of any claims received. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
6.6 If any of your actions are contrary to these Terms and Conditions or in any way illegal or harmful to us or others, we may hold you responsible by deleting or making content unavailable, suspending or terminating your account, as well as presenting a claim for any and all damages created by you.
7. APPLICABLE LAWS, DISPUTES
7.1 You must also comply with all applicable third-party terms of service when using the so.fa.dog platform, such as providers of payment (like the Apple App Store and Google Play) and internet access providers.
7.2 The laws of Estonia are applied to these Terms and Conditions. In certain cases, you may be able to apply the laws of the country of your residence.
7.4 These Terms and Conditions and any referenced policies are the entire agreement between you and us and supersede all prior agreements. If any provision is held to be unenforceable, then that provision is modified
to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force.
8. CHANGES TO THE TERMS AND CONDITIONS
8.1 Changes. We may change these Terms and Conditions. If we make a material change, we will provide you with reasonable advance notice and the opportunity to review the changes. If you do not agree to the new terms, you should stop using the so.fa.dog platform. You can also end your relationship with us at any time by deleting our applications and the so.fa.dog platform and applications from your devices and ask us to delete all content and information we have about you.
8.2 Validity and changes. We always want to be clear about any changes we make, thus all major changes of any version at any point in time of these Terms and Conditions are set forth herein:
|24.05.2021||24.05.2021||Original T&C of the so.fa.dog Passion Economy platform|