Scope of application of the GTCU

"Monzy", represented by Schödl, Jonathan, Alte Plochinger Steige 11, 73230 Kirchheim unter Teck, is the operator of the website "Monzy.app", hereinafter referred to as "Monzy", and thus the contractual partner of the users of this site. By using the website or the services offered, users recognize these terms of use.

1. These Terms of Use contain rules and conditions for the use of the website and the services offered free of charge. Additional terms and conditions may apply to certain specific Monzy services. These are provided in the context of the respective service on the website. Currently, additional terms and conditions only apply to paid services. In the event of contradictions, these conditions take precedence, otherwise the general terms of use apply in addition.
2. The services of the website are aimed both at entrepreneurs in accordance with Section 14 BGB and at natural persons (consumers) in accordance with Section 13 BGB. However, not all services are equally available to entrepreneurs and consumers and there is no entitlement to certain services.
3. These Terms of Use apply exclusively and general terms and conditions of users do not become part of a contract, even if Monzy is aware of deviating or additional terms and conditions of a user and does not expressly object to them.

Monzy's range of services

Monzy is an innovative social media platform that enables users to share and consume content for a fee or free of charge. The platform offers a unique combination of the functionalities of well-known social media services and expands these with options for monetizing content.

1. Content sharing: Content creators can share a wide range of content on Monzy. This can include photos, videos, text contributions or digital artwork. The platform supports a wide range of media formats to enable creative and versatile content presentation.
2. Paid and free content: Unlike other platforms, Monzy allows content creators to offer both free and paid content. Content creators have the freedom to decide individually for each of their contributions whether they are freely accessible or only visible to subscribers.
3. Subscription system: Users can subscribe to content creators to gain access to their exclusive, paid content. This model provides a continuous revenue stream for content creators and allows subscribers to receive new content from their favorite content creator regularly.
4. Shop: In addition to the subscription system, Monzy offers an integrated shop in which digital content such as e-books, tutorials, exclusive videos or photographs can be offered for individual purchase. The sale of physical products is also possible. When selling physical products, the seller is responsible for shipping. This provides content creators with an additional source of income and enables users to purchase specific content without having to take out a subscription.
5. Support through tips: Users have the opportunity to support their favorite content creators directly through financial donations, known as “tips”, which can range from $5 to $100. This offers a flexible form of appreciation and promotes a direct connection between content creators and their community.
6. Interaction and community building: Monzy attaches great importance to interaction between users and content creators. The platform offers various tools for communication and interaction, such as comments, likes and private messages, to promote an active and engaged community.
7. Monzy strives to create a safe and inspiring environment for creative minds to share their passions while monetizing their work. The platform strives to constantly implement new features and improvements to continuously improve the user experience and meet the needs of a dynamic online community.
8. Monzy reserves the right to change, supplement, delete or temporarily or permanently discontinue the design and free services on the website without prior notice. Users are not entitled to any claims for damages or other claims due to changes to the website or the discontinuation of free services.

All users

These terms apply to all users of Monzy, regardless of whether they are content creators or not.

1. Wallet: All users have access to a digital wallet, which is used to carry out transactions on Monzy. The fees charged by the various payment providers are displayed transparently.
2. Referrals: Each user has an individual referral link. The link owner receives a commission for every transaction that takes place via this link.
3. Privacy and Security: Users have the option of viewing their log-in sessions and terminating all sessions if unauthorized access is suspected. Users can also change their password and block certain countries or users.
4. Payments: An overview of all payments made can be viewed by all users. This includes information on the invoice number, recipient, payment gateway, purchase date and purchase type.

Registration

Monzy offers certain services on the Website only to registered users. Monzy may set access criteria and security standards as a prerequisite and make access to all or certain services dependent on the fulfillment of these criteria.

1. Users are obliged to provide truthful and complete information when registering and may not use third-party data.
2. When registering legal entities or partnerships, the person representing them must be authorized to provide this information.
3. Multiple registrations under different usernames are not permitted. Usernames that infringe the rights of third parties or are unlawful or contrary to public decency are not permitted.
4. When registering, the full name (name & surname) and the e-mail are requested. The password must also be set by the user.
5. A username is only set automatically after successful registration. However, this can be edited.
6. In the event of loss or suspected unauthorized use of access data, Monzy must be informed immediately at [email protected].
7. Users should change their password regularly.
8. In addition to registration, users can also register via social log-in.

Become a Content Creator / Verified Accounts

Monzy offers certain services on the Website only to registered users. Monzy may set access criteria and security standards as a prerequisite and make access to all or certain services dependent on the fulfillment of these criteria.

1. Verification for content creator status
   • To obtain Content Creator status, you must verify your account in accordance with the verification guidelines described below.
2. Verification guidelines
   • To verify yourself as a person and obtain the status of a Content Creator, you must submit a “Verification Request” on our website (monzy.app/settings/verify).
3. The “Verification Request” requires the upload of three images:
   • The front of your identity card.
   • The back of your identity card.
   • A selfie in which you hold up your ID.
4. The uploaded images must be in high quality and legible. They must clearly display your name, date of birth and other relevant information.
5. Account creation via social-login: Users who create their account via a social-login must note that the names transmitted by the social media platform may not always match the actual, legally valid names of the users.
6. Requirements for the name:
   • Matching with ID data: Users are obliged to enter their full name (first name and surname) in their profile so that it matches the details on their official ID card.
   • Correction of different names: If the name adopted through the social-login does not match the official ID, the user is obliged to correct this information immediately in their profile. This includes the correction of nicknames, pseudonyms, or other deviating names.
7. Verification of the account: The account will only be verified if the full name in the profile matches the details on the official ID. A mismatch may result in the verification being rejected or the account being blocked
8. Processing of the verification
   • After you have submitted the “Verification Request”, our team will review the information submitted. This process may take some time, and we reserve the right to request additional information or documents to confirm your identity.
   • We will treat and protect your data in accordance with our privacy policy.
9. Acceptance and content creator status
   • If your verification is successful and all required information has been checked, you will receive the status as a Content Creator on our platform.
   • With the status of a Content Creator, you receive certain benefits and access to extended functions on our platform, which are described at below.
10. Access to the dashboard: Once their account has been successfully verified, content creators are provided access to a dashboard. This dashboard serves as a central overview page for various performance indicators and revenue sources.
11. Contents of the dashboard:
    • Revenue overview: The dashboard shows a detailed overview of the Content Creator's revenue. This includes net income after deduction of all fees and expenses.
    • Revenue sources: Various sources of revenue are recognized separately, including:
      • Subscriptions: Display of total revenue from active subscriptions.
      • Tips: Overview of the income from tips given by users.
      • Pay-per-view : List of income from pay-per per-view content.
    • Active subscriptions: Display of the current number of active subscriptions that the content creator has
    • Revenue periods: Ability to filter and view receipts by different periods, including the current month, previous month and current year.
    • Transparency: The dashboard ensures transparency by detailing the composition of revenue per transaction under “Payments received”.
    • Withdrawal options: The “Balance” area in the dashboard shows the amount that the content creator can have paid out.
    • Updating the information: The information in the dashboard is updated regularly to ensure an accurate and up-to-date representation of the Content Creator's performance and finances.

Contents on monzy

The Monzy platform allows users to create, share and consume various content. The content guidelines are designed to foster a positive, creative and respectful community.

1. Responsibility of the content creators: Content creators on Monzy are fully responsible for the content they share on the platform. They must ensure that their content adheres to Monzy's guidelines and does not infringe any copyright, trademark or other rights of third parties. Content creators should also ensure that their content is ethical and socially responsible.
2. Type of content: Monzy allows a wide range of content including, but not limited to, photography, digital art, videos, blogs, podcasts, and tutorials. Content that promotes violence, hate speech, discrimination, harassment or other forms of harmful behavior is strictly prohibited. Nudity and pornographic content are also expressly prohibited.
3. Copyrights and intellectual property: All content shared on Monzy must be the intellectual property of the content creator or shared with the express permission of the author. Copying and sharing content without permission is prohibited and may result in the suspension or deletion of the user's account.
4. Moderation and enforcement: Monzy reserves the right to moderate and remove content that violates the platform guidelines. This may happen unexpected, especially in the case of serious or repeated offenses.
5. Reporting system for content: Monzy users are encouraged to report content that they consider inappropriate or offensive. Monzy will take such reports seriously and take appropriate action to ensure the security and integrity of the platform.
6. Data protection and personal information: The publication of private or confidential information without consent, including but not limited to addresses, telephone numbers and private correspondence, is strictly prohibited. Monzy is committed to protecting the privacy and security of its users.
7. Adherence to these guidelines ensures that Monzy remains a platform where creativity and positive interactions take center stage. By promoting respectful behavior and respect for intellectual property, every user contributes to a healthy and inspiring community.

Monetization on Monzy

Introduction to the monetization options: Here is an overview of the various options Monzy offers content creators to monetize their content. These options are designed to support and promote the creative work of creators.

1. Paid and free content: Content creators have the freedom to decide individually for each of their contributions whether it should be accessible to all users free of charge or only to subscribers
2. Flexibility in pricing: The pricing for paid content is completely flexible, enables a wide range of content and supports the generation of income from exclusive content.
3. Subscriptions: Users can take out a paid subscription to their favorite content creators to gain access to exclusive content.
   • Pricing: Content Creators set their subscription fees, with Monzy providing pricing guidelines and recommendations.
   • Guidelines for subscriptions:
     • Minimum and maximum amounts: All subscriptions are subject to a minimum of 5 USD and a maximum of 100 USD to ensure a fair balance between content creators and consumers.
     • Freedom in pricing: Within these limits, content creators can set their prices and put together attractive packages for consumers.
     • Design of subscription options
     • Frequency of subscriptions: Content Creators can choose the frequency of their subscriptions (weekly, monthly, every 3⁄6 months, annually).
     • Customization options and individual pricing: A toggle button can be used to activate or deactivate frequencies and set individual prices.
     • Discounts for longer periods: Discounts can be offered for longer subscription periods to encourage long-term loyalty.
4. Shop:
   • Digital products: The ability to sell digital products such as e-books, tutorials, exclusive videos or artwork.
   • Physical products: The seller is responsible for fulfillment and shipping.
5. Livestreams: Access options for livestreams: Selection options for the accessibility of livestreams (paid, free for subscribers, free for all).
6. Responsibility and change of access options: Content creators are responsible for the content and can change the access options up to the start of the stream.
7. Pay-per-view: The Pay per-view option can be used for news, posts in the feed and live streams so that users have to pay for access.
8. Tips for content creators: Financial contributions: In addition to subscriptions and direct sales, users can support content creators through tips, which provides a flexible way to express appreciation for their work.
9. Revenue department and fees: Monzy retains a percentage of the revenue generated by the platform as a service fee. The exact amount of the fees and the distribution of revenue are communicated transparently and currently amount to 80 percent Creator minus the transaction fees and 20 percent Monzy. Transaction fees for PayPal are 3 percent of the amount plus 0.35 in the respective currency and for Stripe 3.3 percent and 0.35 in the respective currency.

Acceptance of payments

All income that you generate will be credited to your account in the amount of 80% of the purchase amount less the transaction fees. You can find a transparent breakdown of the adjusted income for each transaction under the question mark button (example below) in your account at: monzy.app/my/payments/received.

1. Payment Responibility: Sellers are responsible for the payment of any direct or indirect taxes, including GST, VAT or income tax, that may apply to them depending on their domicile, location or otherwise under the provisions of their jurisdiction. Sellers represent and warrant that they will at all times fulfil and comply with their obligations under the income tax laws of their jurisdiction.
2. Appointment as a restricted collection agency: Seller hereby appoints Monzy as Seller's limited authorized collection agent solely for the purpose of accepting payments (through its payment service provider, if applicable) from Buyer and remitting such payments to Seller. Seller agrees that any payment made by Buyer to Monzy shall be deemed to be a direct payment to Seller. The Buyer's payment obligation to the Seller shall be fulfilled upon receipt of the payment by Monzy (or its payment service provider, if applicable), and Monzy (through its payment service provider, if applicable) shall be responsible for remitting the funds to the Seller in the manner described in these Payment Terms. If Monzy (through its payment service provider) fails to remit such funds to the Seller, the Seller shall have recourse only against Monzy and not directly against the Buyer. Seller agrees that Monzy may describe or otherwise reproduce the terms and conditions contained herein in any terms and conditions, receipts, disclosures or notices, including but not limited to receipts, provided to Buyers that Monzy deems necessary or appropriate.
3. Payment Services: Monzy works with payment service providers to collect payments from buyers, transfer such payments from buyers to sellers, and hold funds associated with Monzy balances. All payment services in the context of the withdrawal of funds on the Monzy platform are carried out by Monzy's payment service providers.
4. Withdrawal of sales: To withdraw your earnings calculated in accordance with the rules set out above, you must have an account with at least one of the Monzy payment service providers for the withdrawal methods listed below. All funds eligible for withdrawal will be held in your name in an account with a Monzy payment service provider. All payment services, including withdrawal services, are provided by the Monzy payment service provider.
5. Revenue is only released for payment on the revenue side after a security period of 7 days after the order has been marked as completed.
6. If an order is cancelled (for whatever reason), the amounts paid will be credited back to the buyer's Monzy balance.
7. Sellers can withdraw their earnings via one of Monzy's payout options as follows:
   • Withdrawal request: The Content Creator can enter the desired withdrawal amount in the “Withdrawals” section of the account at monzy.app/settings/withdrawals. The payout request is initiated by clicking the “Make withdrawal” button.
   • Payout method and fees: The payout option stored under "Pay-out Method" in the Content Creator's account shall be used for the payout. When using the respective payment interface, fees may be incurred, which are deducted from the payout amount or charged separately to the Content Creator.
   • Processing status: Once the payout request has been submitted, it is assigned the status “pending”. The request remains in this status until it is checked and approved by the administrator.
   • Approval by the administrator: The administrator has access to all payout requests in the backend. The request is approved by selecting the "Mark as paid" option. Only after this approval is the payout amount transferred to the Content Creator via the selected payment interface.
   • Status change after approval: As soon as the payout request has been approved by the administrator and the transfer has been initiated, the status of the request changes to “paid”. Payments can only be made up to the amount available to you.
   • The withdrawal fees depend on the withdrawal method.
   • Withdrawals are final and cannot be cancelled. We can not reverse this process once it has begun.
     • All currency exchange services in connection with such withdrawals will be carried out by Monzy's payment service providers. Your Monzy balance will always be derived from its $ value and therefore the amount of your Monzy balance in local currency may change daily according to exchange rate fluctuations and will include conversion fees. Sellers always have the option to withdraw their earnings in $.
     • Sellers may withdraw their earnings from deactivated accounts after a security period of 90 days following full verification of ownership of the account in question from the date the last payment was received in their account and subject to approval by Monzy.
   • Payment methods: Only PayPal according to the rules for PayPal described above.

Transparency and reporting

Monzy provides content creators with detailed reports and analyses in the account that give them insights into their revenue, subscriber numbers and the sales success of their products. This transparency helps content creators to effectively plan and adjust their content and monetization strategies.

1. Legal compliance: Content creators are responsible for ensuring that all monetized content complies with legal requirements. This includes compliance with copyright regulations, tax laws and other relevant regulations.
2. Monzy's monetization options are designed to give content creators maximum flexibility and control over their content and revenue, while ensuring a fair and transparent platform for all users.
3. Monzy strives to continuously develop new features and monetization options to meet the needs and desires of the community.

Use of the website / restrictions on use

The website and its services are protected by copyright and developed by Monzy. Users may not use any brand names, logos, domain names or other distinctive signs, in particular the name "Monzy", without a written license from Monzy.

1. Users may only use retrieved information and results within the scope of these terms of use. The content of other users or companies may not be copied, distributed or otherwise made publicly accessible without authorization.
2. Users must refrain from any behavior that could impair access to or use of the website.
3. Users are obliged to inform Monzy if they become aware of false, misleading or infringing content.

Setting content

Users must be truthful when posting content and respect the rights of third parties, such as trademark, copyright and personal rights. Content that glorifies violence, is discriminatory or otherwise unlawful or immoral is prohibited.

Rights of use for the posting of content

When users upload content to the Monzy website, they grant Monzy the transferable, simple, spatially and temporally unlimited right to use this content. This includes the right to make the content publicly available on the website or other websites, as well as to make the necessary reproductions (such as storing on servers of Local, Amazon, DigitalOcean, and Wasabi).

1. In addition, Monzy may edit the content, for example by shortening or editing texts, creating image sections or reducing images to thumbnails.
2. Monzy is also entitled to include user content in its own editorial content, e-mail newsletters, print media (such as newspapers, advertising brochures) and to use it in lists such as “Featured Creators”. The rights also include the duplication, public accessibility and reproduction of the content via various end devices and networks, including transmission to mobile end devices via UMTS, podcasting, RSS feed or XML interface as well as the reproduction of the content on the website by streaming.
3. Furthermore, the user grants Monzy the right to publish, reproduce and distribute the content as a physical work (e.g., in book form, on CD-ROM or DVD).
4. If the content uploaded by the user does not enjoy copyright protection or no other property rights exist, Monzy may use this content freely, provided that no mandatory legal provisions, in particular data protection regulations, conflict with this.
5. The rights granted also apply beyond a possible termination of the user relationship, whereby Monzy is not obliged to exercise these rights.
6. Other users or searchers may use the posted content to a limited extent, for example by reading texts or viewing images, which includes temporary storage of the content. However, any further use is generally not permitted.

Prohibited activities on Monzy

Monzy endeavors to ensure a safe, respectful and legal environment for all users. To achieve this, certain activities on the platform are strictly prohibited. Failure to comply with these guidelines may result in various actions including, but not limited to, temporary suspension or permanent deletion of the user's account.

1. Illegal activities: Any use of the Platform for illegal purposes is prohibited. This includes, but is not limited to, the publication or promotion of illegal activities, the sharing of illegal content or participation in illegal transactions.
2. Spamming and harassment: Spamming, unsolicited advertising, harassment, or stalking of other users is prohibited. Monzy is committed to creating an environment in which all users feel comfortable and respected. To enforce this prohibition, the “Report User” and “Restrict User” features are provided to each account as anti-harassment tools.
3. Fraud and deception: Any form of fraud or deception towards other users or the platform itself is prohibited. This includes falsifying identities, feigning false facts or misleading other users.
4. Copyright infringement: Uploading, sharing or distributing content that infringes copyrights, trademark rights or other intellectual property rights is strictly prohibited. Users are responsible for ensuring that they own or have obtained the necessary rights for all shared content.
5. Offensive or dangerous content: Content that promotes violence, hate speech, discrimination or other forms of dangerous or offensive behavior is not permitted. Monzy reserves the right to remove such content and to take appropriate action against the user.
6. Violation of data protection regulations: The publication or disclosure of personal information without consent, including but not limited to private addresses, telephone numbers or e-mail addresses, is prohibited.
7. Manipulation of the platform: Any attempts to manipulate, disrupt or impair the functions of the platform, including but not limited to hacking, injecting malware or circumventing security measures, are prohibited.
8. Monzy is actively committed to monitoring and ensuring compliance with these guidelines. Users are encouraged to report suspicious or irregular activity so that Monzy can take appropriate action to maintain the integrity and security of the platform.

Warranty and liability of Monzy

Monzy would like to point out that the content published on the website is not checked either before or after publication. Therefore, information may be incorrect, inaccurate, or misleading and may infringe the rights of third parties or be unlawful.

1. Monzy assumes no liability for the accuracy, timeliness, correctness, completeness, quality, or legality of the available content. Users are responsible for checking the information obtained for its suitability for the intended purpose.
2. Liability claims against Monzy regarding damage caused by the use or non-use of any information provided free of charge or using incorrect or incomplete information are excluded, unless there is evidence of willful intent or gross negligence for Monzy.
3. The relevant statutory conditions shall apply to defects in chargeable services and liability arising from the breach of obligations under chargeable contracts.

Liability of the user

The user bears sole responsibility for the content uploaded by him to the Monzy website.

Any liability of Monzy in this context is excluded. If claims are made against Monzy by third parties due to legal violations or illegal content uploaded by a user, the user must indemnify Monzy against all claims by third parties, including court and legal fees in the statutory amount, unless the infringement was unavoidable for the user. The user is obliged to provide Monzy with all necessary information for a defense against such claims.

Cancellation and account blocking on Monzy

Monzy attaches great importance to compliance with its guidelines and conditions to ensure a safe and respectful platform for all users. Therefore, the cancellation of user agreements and the blocking of accounts are essential components of platform management.

1. Cancellation by the user: Users have the right to cancel their membership with Monzy at any time. They can delete their account via the settings in their profile. After cancellation, access to paid content and services will be terminated and there is no entitlement to a refund of fees already paid.
2. Blocking and deletion by Monzy: Monzy reserves the right to block or delete user accounts if violations of the terms of use, the terms, and conditions or other platform guidelines are detected. This includes, but is not limited to, illegal activities, copyright infringements, harassment of other users, fraud or manipulation of the platform.
3. Procedure for blocking or deletion: Before an account is blocked or deleted, a warning or notification is usually sent to the user concerned, unless the offense requires immediate action. Users have the opportunity to comment or clarify the facts before a final decision is made.
4. Consequences of account suspension or deletion: If the account is suspended or deleted, all content created by the user will be removed from the platform. There is no entitlement to restoration of the account or the content. There is also no entitlement to a refund of fees already paid.

Amendements to the GTCU

Monzy reserves the right to change the terms of use at any time and without justification. New conditions will be sent to registered users by e-mail and are considered accepted if the user does not object within four weeks of receipt of the e-mail. The objection must be made in text form.

1. In the event of an objection, both the user and Monzy may terminate the user agreement immediately.
2. Changes that introduce new obligations for users are excluded from this.
3. Non-registered users are subject to the terms of use valid at the time of their visit or use of services.

Final provisions

These terms of use apply to entrepreneurs in accordance with the law of the Federal Republic of Germany.

This also applies to consumers, provided that there are no mandatory statutory consumer protection regulations to the contrary. For users who are merchants, special funds under public law or legal entities under public law, the registered office of Monzy is the exclusive place of jurisdiction. Should parts of these terms of use be invalid, the rest remains valid. The invalid provision shall be replaced by a legally effective provision that comes closest to the economic and actual intention.