General terms and conditions
Tapwriter’s General Terms and Conditions for Using the Offer at www.tapwriter.ch
Version: November 12, 2019
1. General
1.1 Scope
These General Terms and Conditions (GTCs), along with the privacy policy, definitively govern all rights and privileges between Tapwriter Media GmbH (“operator” or “we”) and any users of the website we operate at www.tapwriter.ch and the content and other services provided there (“platform”). You are considered to have accepted these GTCs and the privacy policy as soon as you use and/or sign up on the platform. If you do not accept these GTCs or the privacy policy, you are not permitted to use or sign up for the platform.
The platform can be used in a variety of ways. These GTCs and the privacy policy apply to all types of platform use, including by visitors, users, members, Tapwriters and supporters (cf. section 2.2 of these GTCs).
1.2 Changes to the GTCs
The operator can change these GTCs at any time. If we change the GTCs and you have signed up with us, we will inform you by email 30 days before the changes take effect. If you do not cancel your account as per section 8.1 of these GTCs within 30 days of such a notification, you will be considered to have accepted the amended version of the GTCs. You are bound by the currently applicable version of the GTCs each time you use the platform.
2. Service offer
2.1 Platform description
We provide the platform for people to publish content and consume other people’s content at no charge. People who buy a membership or who are verified as Tapwriters gain access to additional content and functions. However, the content provided does not come from the operator; it comes from users, members and Tapwriters.
2.2 Various user roles and service offered to them
People who do not sign up can consume some of the content provided on the platform at no charge (visitors).
People who do sign up can both consume and publish publicly accessible content on the platform at no charge (users).
Users who acquire a paid membership on the platform can consume all of the content (public and exclusive) that is available on the platform and use additional functions. They also get a certain number of credits that they can use to support Tapwriters (members).
Users who apply to become Tapwriters and who the operator verifies as Tapwriters can consume all content provided on the platform and use additional functions. In particular, they can earn money in the form of credits from members. The operator forwards credits received from members to Tapwriters minus platform fees in accordance with section 5.2 of these GTCs and the price list (Tapwriters).
People can support the operator financially regardless of their user role. The operator is not tax-exempt (supporters).
3. Sign-up and verification requirements
3.1 Signing up as a user
To become a user, you need to create an account on the platform. You must meet the following requirements to create an account:
- be at least sixteen (16) years old,
- Provide complete, correct information
- Accept these GTCs and the privacy policy
3.2 Signing up as a member
To become a member you need to create an account on the platform as described in section 3.1 of these GTCs and then buy a membership. You can use the member offer to the extent and at the prices that are valid at the time you enter into the contract. This contract begins when your payment is confirmed or when you first access the paid functions.
3.3 Applying to become a Tapwriter and verification
To become a Tapwriter, you need to create an account on the platform as described in section 3.1 of these GTCs. In addition, you need to:
- Provide complete, correct information in the application form
- Send us valid proof of your status as a freelancer from the responsible social security agency
- Accept the obligation to declare and pay statutory contributions to social security, occupational benefits schemes and tax authorities for income that you receive as a freelancer on the platform; and to fully compensate the operator within 30 days if the responsible institutions for social security, occupational benefits or taxes require the operator to pay on your behalf.
- Accept these GTCs, the privacy policy and the constitution.
If the requirements of this section 3.3 of the GTCs are met, the operator will issue the applicant a temporary verification for four weeks, during which the applicant will be identified as an “Upcoming Tapwriter” on the platform. If the applicant does not violate the constitution or the provisions of these GTCs during that time, they will automatically receive the status of Tapwriter at the end of the four weeks.
4. Obligations of all users
4.1 Updating personal information, validity of notifications sent to provided contact address
The information you provide when signing up or applying must be kept current, complete and correct at all times. You must update your account immediately if any of this information changes.
Notifications from the operator are considered to have been duly delivered upon being sent to the email address provided in your account.
4.2 Exclusive personal use of account
An account may only be used by the person who signed up for it. Users are not permitted to give other people access to the login information for their account or to share an account with another person.
4.3 Password and responsibility
Login information (including passwords) must be kept secret and must be protected against unauthorized access by third parties. You can change your password in the account settings at any time.
You are fully responsible for all published content, communication and transactions that originate from your account.
4.4 Requirements for content and communication
You agree to only publish content and other communication on the platform if it does not violate applicable laws or third-party rights. In particular, you agree to not publish any content that:
- Can be considered obscene, offensive, defamatory, threatening, indecent, pornographic, glorifying violence, harassing, unsuitable for minors, racist, seditious, discriminatory or hurtful to competition, or that contains calls for violence or other crimes, or that is considered reprehensible in some other way;
- Violates personality rights and/or other third-party rights (such as patent rights, copyrights, trademark rights, trade secrets);
- Is not pertinent or not related to the content being commented on;
- Contains or presents viruses or unrequested mass mailings (spam);
- Invites readers to participate in chain letters, pyramid schemes or offers of free shares and/or pursues commercial or other professional purposes.
You agree to only publish content on the platform if you have created it yourself or if you have received permission to publish it from the rightsholder. We can ask you at any time to provide documents that show you have sufficient rights for specific content.
Tapwriters also agree to comply with the constitution’s Tapwriter standards.
4.5 Operator does not monitor content
The operator is not obliged to review content that users, members or Tapwriters publish on its platform. However, we are entitled to review, remove or edit content at our own discretion.
4.6 Consequences of violating user obligations
If there are indications that a user has violated their obligations as described in section 4 of these GTCs, the operator is entitled to delete or edit content, block or delete their account, and/or disclose their identity to the person whose rights were violated by their content or to the government agency responsible for such matters, or to revoke the Tapwriter’s verification.
5. Financial matters
5.1 Platform fees
We finance the platform through membership fees and by retaining a percentage of amounts paid to Tapwriters. The percentage depends on the level of revenue and can be found in the price list that appears on the website.
5.2 Requirements for Tapwriter disbursements
Tapwriters can initiate a disbursement from their balance when their balance is CHF 50.00 or more.
We are entitled to retain or make deductions from balances if a Tapwriter has violated their user obligations or for the purpose of covering, offsetting or securing against costs or losses associated with demands for payment to social security, occupational benefits schemes or tax authorities.
6. Copyright and other intellectual property rights
6.1 Rights to the platform and software
The platform, the software it contains and their design are and remain the intellectual property of the operator or third parties, protected by copyright or other laws.
6.2 Rights to content
Published content is and remains the intellectual property of the users, members or Tapwriters who have published it, or of a third party, protected by copyright and other laws. This intellectual property must only be used for the purposes described in these GTCs. Any other use is prohibited.
6.3 Right to publish on the platform
When a user, member or Tapwriter composes content on the platform, they give us a non-exclusive license to publish that content on the platform, including everything that is reasonably connected with its publication, such as storing, displaying, reformatting and distributing it.
6.4 Rights of use
All published content is available to visitors, users, members and Tapwriters exclusively for personal, non-commercial use.
Reproduction, dissemination, commercialization and any other use of content in any form whatsoever is only permitted with the advance written permission of the writer or the operator.
Downloading storage media, printing and any other reproduction of website content for personal or private use is permitted on the condition that copyright notices referring to the author must also be reproduced. Apart from the above use by third parties, all rights remain with the author.
7. Liability and indemnity
7.1 Liability for contents
The operator does not create the published content itself, nor does it conduct content reviews. We therefore cannot provide any warranty for the substance, correctness, legality or quality of content, nor for compliance with user obligations on the part of users, members and Tapwriters. The operator’s warranty and liability are excluded within the scope of the law. The responsibility for content lies with the users, members and Tapwriters whose accounts were used to upload that content.
7.2 Indemnity
If users, members, Tapwriters, third parties or government agencies lodge claims against the operator because content has violated their rights, applicable laws or the user obligations as described in section 4 of these GTCs, the user, member or Tapwriter from whose account the content was uploaded agrees to indemnify and compensate the operator for all claims, losses and costs (including court costs and attorney fees).
7.3 Exclusion of liability for availability and security
We strive to keep the platform available around the clock, but we are not liable for temporary non-availability. The platform or certain functions may not be available temporarily, or may only be available to a limited extent, because of maintenance or for other reasons without enabling users to lodge claims against the operator.
It is impossible to guarantee that data and content will be transferred securely over the internet. Although we regularly take steps to protect your data and content, we cannot offer any guarantee for the security of your data and content. All data and content are transmitted at your own risk.
8. Termination of use and changes to status or offer
8.1 Deleting an account
You have the right to delete your account at any time without giving a reason. You can terminate your account in your profile settings. Your password will no longer be valid after we receive your request to close your account. Upon terminating your account, we will delete any data that we do not need to retain to fulfill and process an existing legal relationship, to defend against any claims (due to violations of third party rights, applicable laws or user obligations), for evidence, or to meet statutory retention requirements.
When you delete your account, you will lose any membership fees that you have paid and any remaining credits that you have. You will not be reimbursed.
Tapwriters will be paid the balance that remains on their account, subject to section 5.2 para. 2 of these GTCs.
8.2. Termination a Membership
Memberships end when the contract duration you chose expires; they do not renew automatically. After your membership ends, your account will return to user status and you will no longer be able to access paid functions.
Any credits on your account from your membership will remain there for three months. Users who buy a new membership during that time will be able to access their credits again. If the user does not reactivate their membership within three months, the credits will expire and be deleted.
8.3 Changes to status or offer for Tapwriters
The operator is entitled to revoke a Tapwriter’s verification at any time, without giving a reason. When a Tapwriter’s verification is revoked, their status changes to user. Similarly, the operator reserves the right to change, suspend or cancel its offer for Tapwriters.
We hereby exclude any claims for compensation against the operator in the event of such changes.
9. Final provisions
9.1 Applicable law and place of jurisdiction
Swiss substantive law applies to these GTCs and the contractual relationship with the operator. The ordinary courts for 8006 Zurich, Switzerland, are exclusively responsible for disputes.
9.2 Severability clause
If individual provisions of these GTCs are or become void or incomplete, the remaining provisions of these GTCs will not be affected.