Terms of Service

BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, MAKING A PAYMENT THROUGH OR OTHERWISE USING THE THANKSFORDONATION PLATFORM, YOU (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT; AND (2) CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN YOUR JURISDICTION, IF HIGHER), HAVE FULL LEGAL CAPACITY AND HAVE ALL CONSENTS REQUIRED UNDER APPLICABLE LAW, INCLUDING FOR THE PURPOSES OF DATA PROTECTION LAW. OTHERWISE, REGISTRATION ON AND USE OF THE PLATFORM IS PROHIBITED.

IF, UNDER THE LAWS OF YOUR COUNTRY, YOU ARE PROHIBITED FROM USING THE PLATFORM OR ANY PART OF IT, OR OTHER LEGAL RESTRICTIONS APPLY TO YOU, YOU DO NOT HAVE THE RIGHT TO USE IT. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF THE PLATFORM OR THE RELEVANT PART OF IT IN THE TERRITORY OF YOUR COUNTRY IN VIOLATION OF THE RELEVANT LEGISLATION.

The ThanksForDonation Terms of Service (the “Agreement”) consist of: (I) these Terms of Service (the “Terms”); (II) the Complaints Policy set out below; (III) the Refund Procedure available at https://thanksfordonation.com/refund; and (IV) the Author Agreement available at https://thanksfordonation.com/creators, which applies to Users acting as Authors. The Privacy Policy (https://thanksfordonation.com/privacy) and the Cookie Policy (https://thanksfordonation.com/cookies) describe how we process personal data and are incorporated by reference.

1. Introduction and interpretation

1.1. These Terms govern your use of the ThanksForDonation Platform and your agreement with us.

1.2. “Platform” means the online platform ThanksForDonation hosted at https://thanksfordonation.com and its subdomains, which (i) enables registered Authors to: create and maintain a public Author page with a unique link; receive Support Payments from other Users for the support and development of the Author’s creative, educational or professional activity; where such functionality is made available on the Platform, offer other Users access to Author’s Content, digital products or services on terms determined by the Author; receive notifications of payments; and withdraw funds using the withdrawal methods provided; and (ii) enables any User to: view public Author pages; make Support Payments to Authors; leave messages for Authors; and, where such functionality is available, acquire access to Author’s Content.

1.3. “Company” (also referred to as “we”, “our”, “us”) means Thanksflow Limited, a company registered in England and Wales under company number 17440173, with its registered office at Office 20371, 182-184 High Street North, East Ham, London, England, E6 2JA, which owns the rights to the Platform and provides access to the Platform.

1.4. “Website” means the Internet site at https://thanksfordonation.com.

1.5. “User” (also referred to as “you” or “your”) means any person who uses the Platform in any way, including, but not limited to: viewing materials and information posted on the Platform; making a payment through the Platform; registering on the Platform; using a Personal Account; filling an Author page with information; interacting with Authors; sending a web link to the Platform to a third party; submitting forms; and taking other actions available within the Platform.

1.6. “Business User” means any individual or legal entity using the Platform in a commercial or professional capacity, including any Author.

1.7. “Author” (also referred to as “Creator” or “Recipient”) means a User registered on the Platform as an Author who has a public Author page, receives Support Payments through the Platform and, where applicable, offers Author’s Content to other Users via the Platform. Authors include content creators, bloggers, video and live-broadcast creators, musicians, artists, writers, educators, online schools, experts, and other individuals and legal entities engaged in creative, educational or professional activity.

1.8. “Supporter” (also referred to as “Customer”) means a User who makes a Support Payment to an Author and/or acquires access to Author’s Content through the Platform.

1.9. “Personal Account” (also “Account”) means the Author’s protected account area on the Platform, accessed with Credentials, which contains the Author’s page settings, balance, transaction records, notification tools and withdrawal tools.

1.10. “Credentials” means sign-in information for the Personal Account (username or e-mail address and password) and any access tokens or links issued by the Platform for the Author’s tools.

1.11. “Content” means any material uploaded to the Platform or created on the Platform by any User, including profile and display names, avatars, cover images, descriptions, links, nicknames, messages, text, images, and any other material whatsoever.

1.12. “Author’s Content” means content, digital products and services (for example, exclusive materials, lessons, consultations, courses) that an Author offers to Supporters via the Platform, where such functionality is made available on the Platform, on the terms determined by the Author.

1.13. “Prohibited Content” means content and purposes that are prohibited on the Platform in accordance with Section 8 of these Terms.

1.14. “Support Payment” (also referred to as “tip” or “donation”) means a voluntary, unconditional and unsolicited payment made by a Supporter to an Author via the Platform to express the Supporter’s approval of and support for the Author’s activity. A Support Payment is not a payment for any goods, services or Content, is not a charitable donation, and does not create any obligation of the Author or the Company to provide any counter-performance to the Supporter. A message attached to a Support Payment is a communication addressed to the Author and does not change the nature of the payment.

1.15. “Service Contract” means a legally binding services agreement between an Author and a Supporter on granting the Supporter access to Author’s Content (where offered), concluded directly between them via the Platform. Under a Service Contract the Author grants the Supporter a non-transferable, non-sublicensable and non-exclusive licence to access and view the relevant Author’s Content for a fee and a period determined by the Author. The Company does not set the terms of the Service Contract and is not a party to it.

1.16. “Agency Agreement” means the legally binding agreement between an Author and the Company under which the Author appoints the Company as the Author’s paying agent to collect Support Payments and Author’s Fees from Supporters and remit them to the Author, on the terms set out in the Author Agreement (https://thanksfordonation.com/creators).

1.17. “Author’s Fee” means the amount paid by a Supporter to an Author for access to Author’s Content under a Service Contract, in cases where access is granted on a paid basis.

1.18. “Company’s Fee” (also referred to as “Agency Fee” or “Service Fee”) means the fee paid by the Author to the Company for acting as the Author’s agent in collecting and accepting payments from Supporters on behalf of the Author and for providing access to the Platform. The relationship for withholding the Company’s Fee arises solely between the Author and the Company without the participation of Supporters.

1.19. “Supporter Payment” means any payment made by a Supporter through the Platform: (i) a Support Payment, and/or (ii) an Author’s Fee under a Service Contract.

1.20. “Payment Provider” means an independent, duly licensed third-party payment institution, acquirer, electronic money institution, bank, instant-transfer scheme operator or crypto-asset service provider engaged by the Company to accept, authorise and process Supporter Payments and to execute withdrawals to Authors.

1.21. “VAT” means value added tax and any other tax imposed in addition to or in substitution for it, and any equivalent or similar indirect tax, charge, duty, impost or levy in the United Kingdom, the Member States of the European Union or any other jurisdiction.

1.22. “Tax” includes all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable.

2. Purpose of the Platform, general principles of its work and the role of the Company

2.1. The Platform is an international creator monetisation and audience-support platform for content creators, bloggers, artists, musicians, educators, online schools, experts and other authors. Our purpose and primary objective is to empower Authors to receive support from their audience, monetise their activity and make genuine connections with their fans and followers in one place.

2.2. Using the Platform, Users are enabled, using the software and hardware of the Platform, to make Support Payments to Authors and, where applicable, to enter into Service Contracts with Authors. The Platform is used solely to connect Authors and Supporters and to act as the Author’s paying agent in accordance with the Agency Agreement. The Platform’s role in relation to funds is limited to receiving Supporter Payments through Payment Providers in the currencies and by the methods available on the Platform (including bank cards, instant bank transfers and cryptocurrency) and remitting them to Authors, less the Company’s Fee.

2.3. As the provider of the Platform, the Company does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Author’s Content, does not participate in any communications between Authors and Supporters, and does not endorse any Author, Supporter or Content.

2.4. The Company is not a party to, and does not become a party to or participate in any other way in, any contractual relationship between Users. The responsibility for performance of any Service Contract, including any refund in case of its breach, is borne solely by the Author who has concluded the relevant contract with the Supporter. Users alone are responsible for their Content.

2.5. If you choose to use the Platform, your relationship with the Company is limited to being an independent third party, and not an employee, agent, joint venturer or partner of the Company for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of the Company.

2.6. The Company is not acting as an insurer, guarantor, trustee, attorney, intermediary, beneficiary or agent in any capacity for any Author or Supporter, except as expressly set out in the Agency Agreement. The Company is not a bank, credit institution, electronic money issuer, payment institution or investment firm; payment services (acceptance, transfer and payout of funds) are provided by duly licensed Payment Providers. The Company does not offer exchange between crypto-assets and fiat currency and does not hold or safekeep Users’ crypto-assets.

2.7. The Company has no control over and does not guarantee: (i) the existence, quality, safety, suitability for particular purposes, or legality of any Content uploaded to the Platform by a User, or the conformity of any Author’s Content to a Supporter’s expectations; (ii) the truth or accuracy of any Author’s descriptions, statements or promises; or (iii) the performance or conduct of any User or third party. You should always exercise due diligence and care when deciding whether to support an Author or to enter into any kind of relationship with other Users. All information about Users on Author pages is provided by the Users themselves.

2.8. The Company IS NOT: responsible for actually providing access to any Author’s Content or fulfilling any Service Contract; involved in authorising how or when an Author provides any service to a Supporter; a party to the delivery of any Author’s services; in control of or influencing the amounts or prices set by Authors; legally required to issue a VAT invoice, receipt or bill to a Supporter in respect of a Service Contract between an Author and a Supporter; providing customer care or support in relation to the performance of a Service Contract; legally obliged or liable for any service provided by an Author to a Supporter; responsible for any issues that arise during the processing of payments where third-party Payment Providers are involved.

2.9. By accepting these Terms, the User declares their understanding that any interaction of Users with each other (including Authors) through the Platform is carried out by the Users independently, that the Company does not participate in such interaction and is therefore not responsible for the actions of Users in relation to each other. Authors enter into direct relations with Supporters and are responsible for any obligations they undertake towards them. The role of the Platform and the Company is only to collect payments from Supporters and remit them to Authors, without interfering in the relations between them.

2.10. Subject to your compliance with these Terms, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable licence to use the Platform within its purposes and functionality.

2.11. Use of the Platform by Supporters is free of charge; the Company’s Fee is payable by Authors under the Agency Agreement. Where an Author has configured that part or all of the Company’s Fee is to be covered by the Supporter, the resulting total amount is displayed to the Supporter before confirmation of the payment. Fees of Payment Providers, banks and payment networks (including currency conversion fees) may be charged additionally under their own rules. The Company reserves the right to introduce or change fees for the use of the Platform or certain features at any time by amending these Terms.

2.12. Due to the nature of the Internet, the Company cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. The Company may restrict the availability of the Platform or certain areas or features thereof if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. The Company may improve, enhance and modify the Platform and introduce new services from time to time.

2.13. The Platform may contain links to third-party websites or resources (payment interfaces, social networks, video and streaming platforms, messengers and others) (“Third-Party Services”). Such Third-Party Services are subject to different terms and privacy practices. The Company is not responsible or liable for the availability or accuracy of such Third-Party Services, or for their content, products or services. Links to Third-Party Services are not an endorsement by the Company. If the User decides to access any Third-Party Service, the User does so entirely at the User’s own risk.

3. Registration on the Platform, Personal Account and verification

3.1. Public Author pages may be viewed by any User, and making a Support Payment does not require registration. The following functionality of the Platform is available only to Users who have registered as Authors and have a Personal Account: configuring the Author page; receiving notifications of payments; viewing the balance and transaction records; submitting withdrawal requests; and other functionality if such is provided on the Platform.

3.2. Registration as an Author is carried out by submitting an application via the Website contact form or another channel indicated by the Company and providing the details requested by the Company (including a display name, a description of the Author’s activity, and the address of at least one public page of the Author on a social network or other platform). Following review of the application, the Company may create a Personal Account for the Author and issue Credentials. The Company may refuse registration at its discretion where this does not contradict mandatory law.

3.3. By creating an Account, you acknowledge that: (i) if you are an individual, you will use your Account only for yourself and not on behalf of third parties, unless you have obtained our prior written consent; and (ii) if you are a legal entity, your employees and authorised representatives will use your Account only for your benefit and not on behalf of third parties, unless you have obtained our prior written consent. You are solely responsible for all activity that occurs in your Account.

3.4. To receive withdrawals, and, where required by the Company or a Payment Provider, to activate the Author page, you will need to go through an identity verification procedure (KYC) by providing the Company with certain information about yourself. All information you provide must be complete, accurate and truthful. If this information changes, you must update it promptly. You authorise the Company to make enquiries, directly or through third parties, that the Company deems necessary to verify your identity or to protect you and/or the Company from fraud, money laundering, terrorist financing or other financial crime, and to take any actions that the Company deems necessary based on the results of such enquiries.

3.5. By agreeing to these Terms, at the time of registration or at any time thereafter, the User agrees that in certain cases it may be necessary to conduct a background check on the User, including verification of the User’s identity, and authorises the Company to conduct such checks directly or with the involvement of third-party service providers, and/or using third-party databases and other sources. The Company reserves the right to monitor and review on an ongoing basis any information provided by the User as necessary to comply with any applicable law, regulation, sanctions, embargo, legal process or request of competent authorities. The User authorises the Company to conduct the necessary investigations in order to: (i) protect the Company, its business partners and counterparties from any illegal actions; (ii) act in case of suspicion of money laundering, terrorist financing, fraud or other illegal activities carried out through the Platform; (iii) verify the information provided by the User (including, but not limited to, age, residential address and payment information) against third-party databases and other sources; and (iv) comply with applicable law. The User agrees to cooperate with all reasonable requests of the Company and authorises the Company to maintain records of this information.

3.6. For the correct fulfilment of Tax and compliance obligations by all participants of these relations, the Company has the right to additionally request and receive from Users during registration and subsequently, and the Company may seek independently, information about: (i) the residence of the User, which may be identified by the billing address; the IP address of the device used or any method of geolocation; bank details such as the location of the bank account used; the mobile phone country code; a utility bill; or other commercially relevant information; (ii) a valid VAT registration number and tax identification number of the User’s jurisdiction; (iii) whether the User carries out economic activities or is a Business User, in particular certificates of incorporation, directors and shareholders, registered address, constitutional documents, an extract from the register of companies, a certificate of tax residence, etc.; and (iv) for identification purposes: a passport, national identity card, driver’s licence, residence permit, bank account information, and a selfie while holding the photo ID.

3.7. Documents and information specified in clause 3.6 shall be provided upon request of the Company within a period not exceeding five (5) calendar days. The User’s failure to submit the requested details and documents shall be equivalent to the provision of incomplete information during registration. The User expressly agrees that if the Company is unable to verify their identity (regardless of the reason), or if the User fails to provide the required information, or if there are reasonable grounds to suspect that the User’s activities are fraudulent and/or criminal in nature, or that the User’s use of the Platform may damage the Platform’s reputation, the Company reserves the right to deny the User access to the Platform and its resources, suspend such access or fully terminate it, suspend or delete the User’s Personal Account at any time, and withhold withdrawals pending completion of verification.

3.8. A User may have only one Personal Account on the Platform, unless the Company has given prior written consent otherwise. Re-registration using an e-mail address previously used for an Account that was terminated by the Company is not permitted.

3.9. The fact of registration on the Platform means that the User accepts the public offer of the Company set out in these Terms and enters a legally significant relationship with the Company on the conditions set out herein, regardless of whether the User acts as an individual or as an authorised representative of a legal entity.

3.10. When you register with and use the Platform, you make the following commitments to us: if you previously had an account on the Platform, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies; you will make sure that all information that you submit to us is truthful, accurate and complete; you will promptly update any of the information you have submitted to us as and when it changes; you are responsible for all activity on your account even if, contrary to these Terms, someone else uses your account; and you will comply in full with these Terms.

3.11. If the Company has reason to believe that any User provides false and/or incomplete information about themselves, or that information in the documents provided is inconsistent with the information specified during registration, the Company shall be entitled, at its discretion, to suspend or delete the User’s Personal Account and terminate the use of the Platform by such User (in respect of a Business User — under the terms and within the timeframes established by applicable law). In this case, the Company allows the Business User to clarify the facts and circumstances within the framework of the internal complaint-handling process referred to in the Complaints Policy.

3.12. Any registered User shall be solely responsible for the security (effectiveness against guessing) of the chosen means of access to the Personal Account and shall ensure their confidentiality. The User shall not transfer Credentials, access tokens or links to any third parties under any conditions and shall be solely responsible for all actions (and their consequences) performed within the Platform through their Personal Account. The combination of Credentials is the means of the User’s simple electronic signature: all actions performed using the User’s Credentials shall be considered performed by the User.

3.13. The User must immediately notify the Company at legal@thanksfordonation.com of any case of unauthorised access to the Platform using the Personal Account, as well as of any breach (or suspected breach) of confidentiality of their Credentials. For basic security, the Company recommends that the User always log out of the Personal Account after use.

3.14. The Company shall be entitled to suspend or delete the User’s Personal Account, and to prohibit the User from accessing the Platform using any other Personal Account, in case the User violates the provisions of this Agreement or other terms entered into with the User. The Company shall maintain the confidentiality of the User’s Credentials known to the Company.

3.15. If the User no longer wishes to use the Platform, the User may request deletion of the Account by contacting legal@thanksfordonation.com. For an Author, the Account will remain open until pending payments, disputes, set-offs and withdrawal requests are settled, following which the final payment will be made and the Account deleted. Deleted accounts and content cannot be recovered. Once the Account has been deleted, the Company may deal with the User’s Content in accordance with the Privacy Policy (including by deleting it).

4. General rights and obligations of all Users and the Company

4.1. Any User has the right to use the Platform only if the User is of legal age to do so (including for registration on the Platform and making payments) under the laws of the country of residence, is at least 18 years old, and has all necessary consents in full compliance with applicable laws, including for the purposes of data protection laws. A representative of a legal entity shall be authorised to use the Platform on behalf of the legal entity by its constituent documents or a power of attorney. If this is not the case, registration on and use of the Platform is prohibited. If you are not permitted to use the Platform by the laws of your country, you shall not use it and shall bear individual liability for any use in violation of applicable law.

4.2. Before using the Platform, any User must read these Terms carefully. By accessing and viewing pages of the Website, making a payment, submitting forms, registering on the Platform, or using the Platform in any other way, you confirm that you: (i) meet the criteria specified in clause 4.1; and (ii) have read these Terms, understood all their conditions without exception, accepted them and given your unconditional consent to the Terms governing your access to and use of the Platform, as well as your interaction with other Users within the Platform.

4.3. Any User must immediately stop using the Platform in any way if the User: has not read or does not fully understand the Terms; considers the legal regulation of the relations between themselves and the Company to be unacceptable; has not reached the appropriate age and/or has not obtained the approvals required under applicable law; does not understand the result or consequences of their actions upon acceptance of these Terms; does not agree with the Terms (or any of their conditions); or is not an authorised representative of the legal entity on behalf of which they use the Platform.

4.4. When using the Platform, the User must fully comply with these Terms, with the applicable laws of any country from which the User accesses the Platform, and must respect the rights and legitimate interests of other Users and third parties. When interacting with the Company and other Users, the User shall be guided by the principles of good faith, reasonableness and decency.

4.5. When using the Platform, the User shall not: make any attempts to gain unauthorised access to any part or functionality of the Platform or to any network connected to it; use any algorithms, methods, processes or devices to obtain unauthorised access to third-party information, to copy or track any part of the Platform, or to obtain materials or information by any means not specifically provided through the Platform; represent themselves as another person or representative of an organisation; post information on behalf of a third party without appropriate permission; post advertising materials, including links to websites or referral links, without prior approval from the Company; post materials in violation of third-party rights, including intellectual property rights; post information that may mislead other persons; insult, defame, humiliate or threaten other Users or third parties, or damage their business reputation; post, publish or distribute any illegal, obscene or harmful information, information that provokes or promotes inter-ethnic conflicts, wars, riots or public unrest, or that incites racial, ethnic or religious hatred; promote criminal or illegal activities using the Platform, including the financing of terrorism or extremism, prostitution, escort services or the provision of sexual services; post instructions for committing criminal acts or suicide, or information that may harm the health or development of minors; illegally collect, distribute or process the personal data of other Users and third parties; distribute software viruses, trojans, corrupted files or any other elements of a destructive or misleading nature; post restricted-access information (state or commercial secrets, private information of third parties); use the Platform in any other illegal activity or in violation of any local, national or international law; copy or reproduce Author’s Content without the Author’s permission; post images or videos containing scenes of cruelty or violence; create multiple Personal Accounts; harvest contact information of other Users to send spam; make unsolicited offers, advertisements or send junk mail or spam; decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Platform; or use any automated program, tool or process (web crawlers, bots, spiders, scripts) to access the Platform or to extract or scrape Content or information from it.

4.6. The restrictions and prohibitions referred to in clause 4.5 apply to any Content, as well as to any materials uploaded to or posted on the Platform by any User.

4.7. Messages attached to Support Payments and nicknames entered by Supporters shall relate to the support of the Author and shall not contain profanity, insults, threats, discrimination on any basis, advertising, links to malicious or unlawful resources, personal data of third parties, or Prohibited Content. Authors may moderate, hide, or refrain from displaying any message at their discretion. Such messages are not private correspondence; the Company may review them for compliance with these Terms and applicable law.

4.8. If the Company has reason to believe that the User has violated any of the provisions of this Section 4 (or any other restrictions provided for by the Agreement), the Company shall be entitled, at its discretion, to suspend or delete the User’s Personal Account and terminate the use of the Platform by such User (with prior notification of a Business User within the time limits established by applicable law). In this case, the Company allows the Business User to clarify the facts and circumstances within the framework of the internal complaint-handling process referred to in the Complaints Policy.

4.9. The Company may, but is not obligated to, moderate or review any Content to verify compliance with these Terms and/or applicable law. The Company may at any time delete any materials posted by the User or suspend access to any Content which the Company becomes aware may not comply with these Terms and/or applicable law, whilst we investigate the suspected non-compliance, without needing to obtain any consent from the User and without prior notice. The User shall at its own cost promptly provide the Company with all reasonable assistance in an investigation. The Company will not be responsible for any loss suffered by the User arising from the suspension of access to Content or any other steps which the Company takes in good faith to investigate any suspected non-compliance or illegality.

4.10. If we suspend access to or delete any of the Content, the Company will notify the User via e-mail or an electronic message to the Personal Account. Upon termination of the Personal Account, the Company may deal with the Content in any appropriate manner in accordance with the Privacy Policy (including by deleting it), and the User will no longer be entitled to access the Content.

4.11. The Company can investigate any suspected or alleged misuse, abuse or unlawful use of the Platform and cooperate with law enforcement agencies in such investigation. The Company can disclose any information or records in our possession or control about your use of the Platform to law enforcement agencies in connection with any investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

4.12. Other than Content (which is owned by or licensed to Users), all rights in and to the Platform and its entire contents, features, databases, source code, design and functionality are owned by the Company and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret and other intellectual property laws.

4.13. The Company is the sole and exclusive owner of any anonymised data relating to your use of the Platform, and such anonymised data can be used by the Company for any purpose, including for commercial, developmental and research purposes.

4.14. Self-dealing and artificial activity are prohibited, including: making payments to one’s own Author page from one’s own or controlled payment instruments or accounts; using stolen, borrowed or fraudulently obtained payment instruments; using bots or automated systems to generate payments or interactions; wash trading; laundering of funds through the Platform; and any other manipulation of statistics, rankings or revenue. The Company may require confirmation that recorded payments are genuine; inability to confirm may be treated as fraudulent use of the Platform.

4.15. The User cannot transfer their rights or obligations under this Agreement without the Company’s prior written consent. The Company’s rights and obligations under this Agreement can be assigned or transferred by the Company to others, for example if changes in the Company’s ownership occur (as in a merger, acquisition or sale of assets) or by law. In addition, the Company may delegate the performance of any obligations under this Agreement to any third party, but will remain responsible to the User for the performance of such obligations.

5. Support Payments, Service Contracts and payment processing

5.1. Each Author may provide Supporters with the opportunity to make Support Payments via the Author’s page. The amount (subject to the minimum and maximum limits set by the Author, the Company or the Payment Providers), the currency and the payment method are chosen by the Supporter from the options available on the Author’s page.

5.2. The Supporter accepts and agrees that Support Payments by their nature are voluntary, unconditional and unsolicited, that they are not a payment for any Content, goods or services, are not a charitable donation, and are intended to express the Supporter’s approval of and support for the specific Author. Support Payments are final and non-refundable, including in the event that the Supporter is dissatisfied with the Author’s activity, the Author does not respond to the Supporter, or a message is not displayed, except as expressly provided in the Refund Procedure or required by mandatory applicable law. For the avoidance of doubt, Support Payments are made independently of and not in connection with any Service Contract.

5.3. Where the Author’s Content functionality is made available on the Platform: the Author’s offer to grant access to paid Author’s Content on the terms reflected on the Author’s page is recognised as a public offer to Users; the Supporter accepts it by paying the Author’s Fee; the Author determines at their discretion the Author’s Fee and the period of access; access is provided at the time of successful payment, and the Author’s service is deemed rendered at the time of payment and grant of access; the Author warrants that they possess all rights necessary to license the relevant Author’s Content to the Supporter; and the licence granted does not result in the Supporter acquiring any rights in or to the Author’s Content.

5.4. By making a Supporter Payment, the Supporter authorises the Company, acting as the Author’s paying agent, to collect, hold and process the Supporter Payment and any applicable VAT, to deduct the Company’s Fee, and to pay out the sums due to the Author as described in the Agency Agreement. Receipt of a Supporter Payment by the Company (through its Payment Providers) as the Author’s agent discharges the Supporter’s payment obligation towards the Author.

5.5. After confirming the payment parameters, the Supporter is redirected to the Payment Provider’s interface. Identification, fraud-prevention checks, strong customer authentication (including 3-D Secure), charging, currency conversion, issuer and network fees, and card data processing occur solely on the side of the Payment Provider and/or the Supporter’s bank. The Company does not request or store full bank card numbers, CVC/CVV codes or online banking credentials.

5.6. A payment is deemed successful once the Company receives the Payment Provider’s confirmation that the payment has been completed. Until such confirmation is received, the payment is deemed incomplete and no obligations of the Company or the Author arise in respect of it. A success message shown in the Platform interface is informational; the final accounting of the payment is based on the Payment Provider’s data.

5.7. The Supporter shall use only payment instruments belonging to them or which they are duly authorised to use, and shall not make payments using stolen, borrowed or fraudulently obtained payment instruments or funds of unlawful origin. The Supporter is responsible for all payments made using their payment instruments.

5.8. Information in the Platform interface (minimum amounts, available currencies and methods, indicative fees) is informational; the final payment conditions are shown by the Payment Provider at checkout. The amount displayed before confirmation includes any portion of the Company’s Fee allocated by the Author to the Supporter.

5.9. The Company may refuse to process, suspend or reverse any payment, and may restrict the availability of payment methods, where fraud, use of unauthorised payment instruments, sanctions or anti-money-laundering risks, chargeback risk, or a breach of these Terms is suspected, or at the request of a Payment Provider or a competent authority.

5.10. Users shall independently fulfil their obligations regarding Author’s Content, Author’s Fees and Support Payments. Any refunds are governed by the Refund Procedure.

6. Tax obligations of the parties (the Company, Supporters and Authors)

6.1. The Company strongly recommends that all Users seek professional advice to ensure they are compliant with the local Tax and VAT rules, based on their circumstances.

6.2. Unless expressly indicated otherwise, the Author’s Fee is indicated without VAT, which, where applicable, is added to the price and charged at the current rate in accordance with this Section 6.

6.3. THE AUTHOR OR THE SUPPORTER IS SOLELY RESPONSIBLE FOR THE TAXATION OF ALL TRANSACTIONS BETWEEN THE AUTHOR AND THE SUPPORTER, EVEN THOUGH THEY WERE MADE VIA AN INTERMEDIARY – THE COMPANY. FOR VAT PURPOSES, THE SUPPLIER (PROVIDER) OF ANY SERVICE TO THE SUPPORTER IS EXCLUSIVELY THE AUTHOR AND NOT THE COMPANY IN ANY CASE.

6.4. Only the Authors themselves may authorise charging Supporters in respect of access to Author’s Content, authorise the provision of access, and set the terms of Service Contracts. The Company is only a technical and payment intermediary that provides access to the Platform and a payment collection service on behalf of the Author. The Company: (1) does not set, either directly or indirectly, any of the terms under which a service is provided by the Author to the Supporter; (2) is not, either directly or indirectly, involved in authorising the charge to the Supporter; and (3) is not, either directly or indirectly, involved in the ordering or provision of the Author’s services. Thus, USERS (NOT THE COMPANY) ARE RESPONSIBLE FOR VAT IN RELATION TO THE PROVISION OF SERVICES TO THE SUPPORTER.

6.5. Support Payments, being voluntary and made without any counter-performance, are generally not consideration for a supply for VAT purposes. Nevertheless, the Author is solely responsible for determining the tax treatment of Support Payments received (including income tax, corporate tax and social contributions) under the law applicable to the Author, and for reporting and paying any Taxes due.

6.6. If the Supporter is located outside the United Kingdom and the European Union, the transaction will be treated as outside the scope of UK and EU VAT. Taxation of such transactions is carried out in accordance with the applicable tax laws of the Supporter’s country, and the Users (both Author and Supporter) are solely responsible for the assessment, accounting and payment of the relevant taxes, without any participation of the Company.

6.7. If the Supporter is located inside the United Kingdom or the European Union, it is the sole responsibility of the User (either the Author or the Supporter, depending on their tax status and the volume of the Author’s taxable supplies) to account for VAT and pay it according to the applicable VAT legislation. The Author has to provide the Supporter and, on request, the Company with an invoice that clearly states the name and VAT identification number of the Author (if applicable) as the actual provider of the service, the scope and cost of the service, and the amount of VAT (or an indication of the reverse charge, where applicable).

6.8. The Author agrees to keep copies of all VAT invoices and VAT returns in connection with the Author’s earnings on the Platform and to provide the Company with copies of such documents within fourteen (14) days of a written request. The Author must comply with all provisions of VAT legislation and make, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required by VAT legislation.

6.9. If you are an Author who is not required to register for VAT in your country, you should monitor the level of taxable sales that you make to ensure you have not exceeded the VAT registration threshold. It is your responsibility, as a taxable person, to monitor whether you have exceeded that threshold.

6.10. The Company may withhold from amounts payable to the Author any amounts it is required by law to withhold, and may report information about Authors and their earnings to tax authorities where required by applicable law, including rules on reporting by digital platform operators.

7. Content of the Company

7.1. The User acknowledges and agrees that the Platform and any content that the Company itself posts on or through the Platform, including any trademarks, logos, service names, design, software and all associated intellectual property rights, are the exclusive property of the Company and/or its licensors or suppliers. The Company’s content may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.

7.2. The User may not use any metatags or any other hidden text utilising “ThanksForDonation”, “Thanksflow” or any other name, trademark, or product or service name of the Company without the Company’s prior written permission. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

7.3. Names, logos and trademarks of payment systems, banks, Payment Providers and other services may be displayed on the Platform solely to indicate an available payment method. Such display does not imply affiliation, sponsorship, endorsement or a joint venture unless expressly stated.

8. Content of Users and Prohibited Content

8.1. By uploading, publishing or making available Content on the Platform and/or using the Platform in connection with Content, the User represents and warrants that: (i) the User is the creator and owner of the Content or otherwise has sufficient rights and authority to grant the rights specified herein; (ii) the Content at all times complies with these Terms; and (iii) the Content does not and will not: violate any applicable law, rule or regulation, or infringe any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; slander, defame or libel any other person; contain any viruses, adware, spyware, worms or other harmful or malicious code; or contain any confidential information of the Company or third parties without authorisation. The Company reserves all rights and remedies against any User who breaches these representations and warranties.

8.2. The User shall never upload, post, display or publish on the Platform, and shall never use the Platform to collect, transfer, receive or make payments for or in connection with, any of the following (“Prohibited Content”): firearms, weapons, ammunition, explosives, military equipment or any items restricted or prohibited by law; illegal drugs, drug paraphernalia, psychotropic substances and their precursors, nitrous oxide, unlicensed medicines, tobacco products and electronic cigarettes; the financing of war, armed conflict, paramilitary, extremist or terrorist activity; content that promotes self-harm, suicide, abuse or exploitation; escort services, sex trafficking, prostitution, online sexual services or webcam services; sexually explicit, pornographic or erotic content, nudity, sex products, or other adult content (adult content is not permitted on the Platform); content featuring or referring to individuals under 18 years old in any sexualised context or otherwise endangering minors; content involving individuals without their written consent to use their name or image; personal data or private or confidential information of any other person without their express written consent; deep fakes or other manipulated media designed to mislead, deceive or misrepresent individuals or situations; financial pyramids, Ponzi schemes, schemes promising guaranteed returns, multi-level marketing, unlicensed gambling, betting, lotteries, sweepstakes, binary options, unlicensed investment, credit, insurance or crypto-asset services; fraudulent activities or misleading financial claims; money laundering or the evasion of sanctions; counterfeit, stolen, pirated or otherwise unauthorised materials, goods or accounts; government identity documents or forged documents; high-risk file hosting used for infringement; spam, unsolicited commercial e-mails or other unwelcome advertising; political campaign fundraising where prohibited by applicable law; third-party commercial activities, contests, sweepstakes or advertising without the Company’s prior express consent; hate speech, extremist content, or content promoting discrimination; the sale of accounts or automated promotion services; malware, hacking or fraud tools and services; and any other goods, services, content or purposes prohibited by applicable law or by the rules of the Payment Providers and payment card schemes.

8.3. The Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by a User or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. Your use of the Platform shall be at your own risk. The User is solely responsible for ensuring that their Content complies with all legal acts.

8.4. Enforcement of the Content or conduct rules set forth in these Terms is solely at the Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce them in other instances. These rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules.

8.5. The Company is not liable for any statements, representations or Content provided by Users on any Author page or other interactive area of the Platform. The Company does not endorse any Content or any opinion, recommendation or advice expressed therein, and expressly disclaims all liability in connection with Content.

8.6. Although the Company has no obligation to screen, edit or monitor any Content, the Company reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Platform at any time and for any reason without notice. The User is solely responsible for creating backup copies of any Content the User posts on the Platform.

8.7. Any use of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of the User’s rights to use the Platform. At all times the Company reserves the right to delete or block any Content in case of any breach or alleged breach of these Terms and, in case of repeated violations, to block the Personal Account.

8.8. If an Author uploads Content which shows anyone other than or in addition to the Author, the Author warrants that each such individual is a consenting adult, that the Author has verified their identity and age, has obtained and keeps a record of their express, prior and fully informed written consent to appear in the Content and to its posting on the Platform, and will provide supporting documents as the Company may request. The Author is solely responsible for any arrangements with such individuals, and agrees to hold the Company harmless from any claims arising from such Content.

8.9. Each party to these Terms acts as a separate and independent controller of the personal data that it processes in connection with these Terms and is obliged to comply with applicable data protection legislation. The User, when disclosing personal data of third parties to the Platform, is obliged to ensure that there is a sufficient legal basis for such disclosure and further processing, and that the data subjects have been duly informed. Authors shall use the data of Supporters received via the Platform (nicknames, messages) only for interaction within their own audience and not for any unlawful purposes.

9. Promotions and advertising

9.1. Any promotions, giveaways, contests or similar activities administered or conducted by a User using the Platform (“Promotions”) are subject to the following rules: (i) the User may carry out Promotions only to the extent permitted by applicable local law and is solely responsible for ensuring that the Promotions comply with all applicable legal obligations and restrictions as well as with these Terms; (ii) the User, at their own expense, is solely responsible for all aspects of the Promotion, including its execution, administration and operation, drafting and posting official rules, selecting winners, issuing prizes and obtaining all necessary permissions and approvals; (iii) the Company is not responsible for and does not endorse or sponsor any Promotion, and the User may not indicate that the Company is a sponsor or co-sponsor of a Promotion; (iv) the Company has the right to remove any Promotion from the Platform for any reason.

9.2. Promotions and any advertising placed by Users shall not: prejudice respect for human dignity; include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; encourage behaviour prejudicial to health or safety or to the protection of the environment; cause physical, mental or moral detriment to any person; exploit the inexperience or credulity of persons or their trust in others; unreasonably show persons in dangerous situations; or advertise cigarettes and other tobacco products, electronic cigarettes, illegal drugs, prescription-only medicines, illegal gambling, or alcoholic drinks in a manner that encourages immoderate consumption.

9.3. Users are solely responsible for compliance with the legislation on advertising in their country of residence, including proper labelling of advertising and reporting on it. In case the Company is held liable for violations committed by the User when placing advertisements, the Company has the right to recover damages from the User in full, including by withholding them from the amounts to be remitted to the Author.

9.4. The Company may mention public Author pages in Platform listings, demonstrations of functionality, marketing materials or the Company’s social media accounts, unless the Author objects by notice to legal@thanksfordonation.com.

10. Intellectual property rights – ownership and licences

10.1. The User confirms that they own all intellectual property rights (examples of which are copyright and trademarks) in the User’s Content or that the User has obtained all necessary rights to their Content which are required to grant licences in respect of the Content to the Company and other Users, in any territory in which the Platform is accessible.

10.2. If the User distributes or makes available any Content through the Platform, the User hereby grants to the Company a worldwide, non-exclusive, royalty-free, transferable and sublicensable (to the Company’s service providers) right and licence, for the period of use of the Platform and thereafter to the extent necessary for record-keeping, dispute resolution and the defence of legal claims, to use, host, store, reproduce, adapt, format, translate, publish, display and otherwise use the User’s Content to the extent necessary for the operation, promotion and improvement of the Platform. The User grants the Company the right to use the name or nickname that the User submits in connection with that Content.

10.3. This licence allows the Company, for example, to display the Author’s page and materials, to display Supporters’ nicknames and messages in notifications and in the Author’s tools, to create previews and thumbnails, and to use Content for other normal operations of the Platform. The Company will never sell the User’s Content to other platforms, though the Company may transfer any licence you grant to us in the event of a sale of the Company or its assets to a third party.

10.4. Whilst the Company does not own the User’s Content, the User grants the Company the limited right to submit notifications of infringement (including of copyright or trademark) on the User’s behalf to any third-party website or service that hosts infringing copies of the User’s Content. The Company is under no obligation to do so and does not monitor infringements of the User’s Content.

10.5. To the extent permitted by applicable law, the User waives any moral rights to object to derogatory treatment of their Content solely to the extent necessary to allow the Company to format, resize, crop or add technical elements to the Content when operating the Platform. This waiver does not affect the User’s ownership of the intellectual property rights in the Content.

10.6. Any User or third party who believes that any part of the Platform (including materials on Author pages) violates their intellectual property rights should send a notice of infringement in accordance with the Complaints Policy using the contact details published on the Website.

10.7. No implied licences or other rights are granted to the User in relation to any part of the Platform, save as expressly set out in the Agreement.

11. Liability of the parties

11.1. Liability of the Company. To the maximum extent permitted by applicable law, the Company, its subsidiaries, officers, employees, owners, representatives and agents will not be liable for: any Content posted, stored or uploaded by a User or any third party; any acts or omissions of any User (including any promise, statement or conduct of an Author) or other third party; any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity the User may encounter; any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, goodwill or reputation, or loss of anticipated savings arising from or in connection with the use of the Platform; loss of data or information, including any Content; indirect or consequential loss or damage; any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with the User’s inability to use the Platform or reliance on any content stored on it; any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware or other technologically harmful material; the copying, distribution or reposting of Content by another User or third party; any disclosure or publication of the User’s personal information by other Users or third parties without the User’s consent (“doxing”); acts or omissions of Payment Providers, banks and payment networks, payment refusals and delays, currency exchange differences and third-party fees; the non-display or delayed display of any message or notification; or any failure or delay by the Company in complying with any part of the Agreement arising from events outside the Company’s reasonable control, including acts of God, hostilities, acts of public authorities, communications or power failures, large-scale outages of payment systems, cyber attacks, theft, destruction or unauthorised access to the Company’s records, programs and services. If there is any such failure or delay, the Company will contact the User as soon as reasonably possible and take steps to minimise its effect.

11.2. The Company is not liable for any losses of the User related to the use or non-use of the Platform, regardless of whether the Company could have foreseen the possibility of such losses, to the extent permitted by law.

11.3. The Platform is provided “as is” and “as available”. The Company does not represent or warrant that information, Content or materials on the Platform are accurate, complete, reliable, current or error-free. No advice or information, whether oral or written, obtained by the User from the Company or through the Platform will create any warranty not expressly stated herein.

11.4. The Company is under no obligation to monitor Content or to detect breaches of the Agreement. The Company makes no promises or guarantees of any kind that any Author will make a particular sum of money (or any money) from their use of the Platform.

11.5. The Company does not promise that the Platform is compatible with all devices and operating systems. The User is responsible for configuring their information technology, device and computer programs to access the Platform and should use their own virus protection software. The Company is not responsible for the availability of the Internet, or for any errors in the User’s connections, device, equipment or software.

11.6. The Company’s total liability to the User for any claims arising out of or related to this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to 100% of the total Company’s Fees actually received by the Company in connection with the User’s transactions on the Platform during the three (3) months preceding the event giving rise to the claim, but in any event no more than GBP 100 (one hundred pounds sterling).

11.7. The Platform or elements, pages or functionality of the Platform may be partially or completely unavailable from time to time due to routine maintenance or other technical works. In this case, the Company shall be under no obligation to notify Users and shall not be liable for the non-receipt of information by them.

11.8. The User acknowledges that once Content is posted on the Platform, the Company cannot control and will not be responsible to the User for the use which other Users or third parties make of such Content. Deleting an Account will not of itself prevent the circulation of any Content which may have been recorded by other Users or third parties before the deletion.

11.9. Nothing in the Agreement excludes or limits the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law. If you are a consumer, nothing in the Agreement affects your statutory rights that cannot be waived or limited by contract under the law of your country of residence.

11.10. Liability of the Users. The User will be liable to the Company and will indemnify the Company for any loss or damage (including loss of profit) the Company suffers as a result of any breach of any provision of the Agreement by the User. The User agrees to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, licensors and Payment Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the User’s breaches (for example, violation of the rights of any third party, any violation by the User of the Agreement or any other applicable agreements in relation to the use of the Platform), the User’s Content, Promotions or Service Contracts, or any breach of the representations, warranties and covenants made by the User herein.

11.11. The Company reserves the right, at the User’s expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify the Company, and the User agrees to cooperate with the Company’s defence of such claims. The Company will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.

11.12. The User (including any Author) understands that they use the Platform as it is, at their own risk. The Company does not warrant that the User will achieve any results through the use of the Platform. The User shall be solely responsible for the content of any data created, uploaded and maintained by the User within the Platform. The Company does not exercise prior censorship of the information posted by Users.

12. Modification, termination and suspension of the Agreement

12.1. The Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time (for example, to reflect updates to the Platform, changes in the law or requirements of Payment Providers).

12.2. If the Company changes these Terms, the Company will provide the User with notice of these changes by posting the updated version on the Platform with a new “Last updated” date and, where the Company considers appropriate, by e-mail or a message in the Personal Account. Please check these Terms and related documents periodically for changes. The User’s continued use of the Platform after the posting of changes constitutes the User’s binding acceptance of such changes. The current version of the Terms is available at https://thanksfordonation.com/offer. In respect of Business Users, changes that affect them take effect no earlier than fifteen (15) days after notice, except where a shorter period is required by law, is necessary to address an unforeseen and imminent danger related to fraud, malware, spam, data breaches or other cybersecurity risks, or where the Business User confirms acceptance earlier.

12.3. Each party may terminate this Agreement at any time by sending the other party a notice by e-mail (to legal@thanksfordonation.com in the case of the Company, and to the e-mail address provided by the User in the case of the User). Termination does not release the parties from obligations arising before termination (including the consequences of initiated payments, disputes, set-offs and settlements).

12.4. The Company may immediately, in its sole discretion, terminate this Agreement or suspend access to the User’s Account if: (i) the User has committed a material breach of the User’s obligations under these Terms or related documents; (ii) the User has violated applicable laws, regulations or third-party rights; (iii) the Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Company, Authors, Supporters or third parties (for example, in the case of fraudulent behaviour); or (iv) such action is required by a Payment Provider, a payment card scheme or a competent authority.

12.5. If the Company suspends access to the User’s Personal Account or terminates the User’s agreement with the Company, the Company will inform the User about it (in the case of a Business User — with a statement of reasons, to the extent required by applicable law). During any period when access to the Personal Account is suspended, any payments to the User which would otherwise be due during the period of suspension will be suspended.

12.6. After termination of this Agreement, the User is not entitled to a restoration of the User’s Account or any Content. If the User’s access to or use of the Platform has been limited, the Personal Account has been suspended, or this Agreement has been terminated by the Company, the User may not register a new Account or access and use the Platform through an account of another User.

13. Governing law, dispute resolution and miscellaneous

13.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or formation, or your use of the Platform, are governed by the law of England and Wales, without regard to conflict of law provisions. If you are a consumer resident in another country, you will also benefit from any mandatory provisions of the law of your country of residence that cannot be derogated from by agreement.

13.2. The pre-trial claim procedure is obligatory. Any claim relating to the Company or the Platform shall first be sent to legal@thanksfordonation.com in accordance with the Complaints Policy, and shall be reviewed within thirty (30) calendar days of receipt.

13.3. To the extent permitted by applicable law, any claim or suit which you have concerning the Company (including those arising out of or related to your Agreement with us) must be filed within one (1) year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to it (whichever is earlier), or be permanently barred.

13.4. The courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your Agreement with us or your use of the Platform. If you are a consumer, you may also bring proceedings in the courts of your country of residence where mandatory law so provides.

13.5. If any provision of this Agreement or any guidelines is held to be illegal, void or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

13.6. Upon termination of this Agreement, any provision which, by its nature or express terms, should survive will survive such termination or expiration (including provisions on settlements, set-off, liability, indemnities, intellectual property, confidentiality and dispute resolution).

13.7. Only the English version of this document has legal effect. Any translations of this document into other languages are provided for your convenience only.

13.8. Any actions performed using the Credentials and/or the User’s Personal Account are considered to be performed by the User. Any messages sent using the User’s Personal Account or the e-mail address provided by the User to the Company are considered to be sent by the User.

13.9. Any e-mails sent from an address with the domain name @thanksfordonation.com are considered to be sent by an authorised representative of the Company. Notices sent by the Company to the e-mail address provided by the User are deemed properly given when sent.

13.10. This Agreement, together with the documents referred to herein, constitutes the entire agreement between the User and the Company regarding the use of the Platform and supersedes all prior arrangements and correspondence on the same subject. The Company’s failure to act upon a breach by the User does not waive the right to enforce the Agreement later. Section headings are for convenience only and do not affect interpretation.

13.11. Contact details of the Company: Thanksflow Limited, Office 20371, 182-184 High Street North, East Ham, London, England, E6 2JA, United Kingdom; company number 17440173; e-mail for legal notices, claims, complaints and data protection matters: legal@thanksfordonation.com; general enquiries: hello@thanksfordonation.com.

II. Complaints Policy

This Complaints Policy was developed in accordance with the requirements of fairness and transparency, including, where applicable to Business Users established in the European Union, Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services.

Whether or not you are a User of the Platform, you can use this Complaints Policy to alert us to any complaint that you have relating to the Platform. If you have a complaint about the Platform (including any complaint about Content appearing on the Platform, the conduct of a User, or a payment), please send your complaint to legal@thanksfordonation.com including your name, contact details, a description of your complaint and, if your complaint relates to Content, the URL of the Author page to which your complaint relates. If you are unable to contact us by e-mail, please write to us at: Thanksflow Limited, Office 20371, 182-184 High Street North, East Ham, London, England, E6 2JA.

Following receipt of your complaint of illegal or non-consensual Content, infringement of intellectual property rights, or other breaches of our Terms: (1) the Company will take such steps as we consider appropriate to investigate your complaint within a timescale that is appropriate to the nature of your complaint; (2) if we require further information or documents from you, we will contact you to let you know; (3) we will in good faith investigate your complaint within fourteen (14) business days; (4) in case of a complaint of copyright or other exclusive rights infringement, we shall suspend the remittance to the Author of amounts relating to the Author page or Content in question and shall redirect the claim to the Author; (5) the term for consideration of the claim by the Author is ten (10) business days from the date of its receipt from the Company, during which the Author may submit to us evidence of the legitimacy of the use of the Content in question; (6) if we are satisfied that the Content is illegal or non-consensual or infringes the rights of third parties, we will remove such Content and notify you of our decision by e-mail; (7) if we are satisfied that the Content is not illegal or infringing, we will notify you of our decision by e-mail; (8) if we suspend access to any of your Content or your Account, you may request a review of our decision by contacting legal@thanksfordonation.com; (9) if the recipient of a notice of claimed infringement believes that the notice is erroneous or false, they may submit a counter-notification, the information in which must be accurate and truthful, and they will be liable for any misrepresentations; (10) it is the strict policy of the Platform to terminate the accounts of repeat infringers.

Complaints of Supporters concerning payments (duplicate charges, incomplete transactions, refunds) are handled in accordance with the Refund Procedure (https://thanksfordonation.com/refund).

If you are a User of the Platform, you warrant that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your Account.

Business Users may submit complaints to legal@thanksfordonation.com about: any alleged non-compliance by us with any obligations affecting you; technological issues relating directly to the Platform which affect you; or measures taken by us or our conduct that relate directly to the Platform and which affect you. Following receipt of such a complaint we will: (1) consider your complaint and the follow-up measures that we may need to implement (including asking you for further information or documents) to adequately address the issue raised; (2) process your complaint within a reasonable time, taking into account the importance and complexity of the issue raised; and (3) communicate to you in plain and intelligible language by e-mail or by message to your Personal Account the outcome of the internal complaint-handling process.

If your complaint as a Business User is not resolved to your satisfaction through our internal complaint-handling process, you may access mediation by contacting the Centre for Effective Dispute Resolution (CEDR), 100 St. Paul’s Churchyard, London EC4M 8BU, United Kingdom, https://www.cedr.com. You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation will not affect our or your rights to commence legal proceedings at any time before, during or after the mediation process, as set out in these Terms.

Alternative dispute resolution for consumers: the Company is not obliged and does not undertake to participate in dispute resolution proceedings before a consumer arbitration board or other alternative dispute resolution entity, unless required by mandatory law. Consumers may contact the consumer protection authorities of their country of residence.

Card disputes: a Supporter may contact their issuing bank under the bank’s procedures. However, initiating a chargeback in respect of a Support Payment without grounds provided in the Refund Procedure may be contested by the Company and the Payment Provider with the evidence of the voluntary nature of the payment, and may result in restriction of access to the Platform.