General Terms of Use

MECENA TECH, S.L. (hereinafter referred to as "Mecena") is the legal owner of the website and the App (hereinafter referred to as the "Platform") hosted on the domain, and it is possible to download the App via the App Store for Apple devices and Google Play Store for Android devices.However, THE SERVICES FOR OPENING PAYMENT ACCOUNTS ARE NOT DIRECTLY PROVIDED BY MECENA, but are offered in collaboration with SWAN IO BRANCH IN SPAIN (hereinafter, "Swan"), an entity with an electronic money license authorized with the number (CIB) 17328 by the French Prudential Control and Resolution Authority (ACPR) and with the number (BE Code) 6724 by the Bank of Spain, and subject to the supervision of these authorities. Therefore, these terms of use are exclusively applicable to the use of the Platform, and not to the payment account and its respective functionalities that you will access by using Mecena's Platform. You can access Swan's terms and conditions through the following link.

Access and browsing through the Platform requires the acceptance of these terms and conditions. This document includes the following:
- General terms of use (hereinafter, the “General Terms of Use” or “GTU”);
- Platform usage license;
- Common terms.

If you have any questions, you can contact us through the channels designated for this on our website, or by sending an email to the following address: [email protected]. For more information about MECENA's corporate identity, please consult our Terms. We will refer to you as the “User” throughout this text.

1. Purpose

These GTU establish the conditions governing access to and use of the Platform in any of its versions and/or updates. The current GTU consists of the following texts:
- Legal Notice
- Platform usage terms.
- Other terms and conditions provided in: (i) privacy policy and (ii) cookie policy.

By using the MECENA Platform, you acknowledge having read, understood, and accepted all the conditions stated here. Furthermore, you declare that you have the capacity (and are of legal age) to accept these GTU (including all specific conditions depending on the type of service requested by the User). MECENA is exempt from liability in case the User has provided false or incorrect data when filling out any request or registration form. In any case, the User will be solely responsible for this. If the User does not agree with all the terms and conditions of these GTU or does not have sufficient capacity to accept these GTU and/or be bound by them, they should not use the Platform.

2. Registration and access to the platform

To access the Platform's services, Users must go through the registration process. In this process, Users must first prove that they are content creators (hereinafter, “Content Creator” or “Content Creators”). In this regard, they must meet at least one of the following criteria based on the platform/s on which the User operates to be considered a content creator:

Be a resident of a country where the YouTube Partners Program is in force.
Be part of the YouTube Partners Program.
Comply with YouTube's Monetization Policy.

Be part of the Twitch Affiliates Program.

Be part of the TikTok Creator Fund, for which the following will be required:
- TEN THOUSAND (10,000) followers and have accumulated
- ONE HUNDRED THOUSAND (100,000) views in the last 30 days.
- Be over EIGHTEEN (18) years old.
- Reside in Spain, France, Germany, or the United Kingdom.

Users must verify that they meet at least one of the above requirements. To do this, they must provide their username on these platforms in the format “@user”. Mecena will validate that the User meets the requirements on the platform chosen by them, and if they meet the requirements, the User will move on to the next stage of the registration process.

2.1. Personal and Legal Information

You will be asked to provide:
- Your full name;
- Your date of birth;
- Your country of residence; and
- Your complete address.
- You must certify: if the User creating the account is the Content Creator or if they are their representative, they must prove whether they are constituted as a legal entity or operate as a freelancer. If constituted as a legal entity, the following information must be provided:

- Company name;
- Tax Identification Code;
- (optional) VAT;
- Tax Identification Number of the company;
- Corporate purpose;
- Description of the company, its services and/or products;
- and Estimated payments that will be made through the Platform.

Finally, you will be asked to provide:
- An email address used to access the Platform;
- Your phone number;
- Access password for the Platform. This password must have at least EIGHT (8) characters, a combination of uppercase and lowercase letters, as well as special characters. You should AVOID USING PERSONAL INFORMATION SUCH AS YOUR NAME, BIRTHDAY, OR ADDRESS.

Once all the requested information is entered, the User must confirm that everything is correct before proceeding to the next phase.

2.2. Two-factor authentication operated by SWAN

The Platform uses a two-factor authentication system in collaboration with SWAN. You must enter your phone number again. By clicking on the “next” button, you accept SWAN's terms and conditions. These terms and conditions will be accessible at the time of acceptance and will be referred to you via email once you complete the two-factor authentication process. You will receive a numeric code via SMS that you must enter, after which you will be given the option to create a security code consisting of SIX (6) numbers. After completing the above, you will be given the option to enable the use of biometric data to access the Platform and not have to use the previously generated code. In this regard, you can enable the fingerprint scanner or facial scanner based on the features of your mobile device. Finally, you will be redirected to the Platform's login screen, where you can log in and access MECENA's services. MECENA is exempted from any liability arising from the operation or use of this service, with SWAN being responsible for this.

2.3. Validation of the User's identity document

This process is carried out through a Platform managed by SWAN, MECENA is exempted from any liability arising from the operation or use of this service, with SWAN being responsible for this.

2.4. Password recovery

If the User loses their password, they can use the password recovery service. They must click on the text “Forgot your password?”, and they will be given the option to enter the email address with which they registered on the Platform. After doing this, MECENA will give the option to enter a new password that can be used to access the Platform again.

2.5 Mandate Form

You authorize MECENA to send instructions to Swan to debit your account and Swan to debit your account in accordance with the instructions from Swan. This mandate is only intended for business-to-business transactions. You are not entitled to a refund from your bank after your account has been debited, but you are entitled to request your bank not to debit your account up until the day on which the payment is due.

Required information:
Internal Direct Debit payment mandates must include the following information; otherwise, the mandate is considered invalid.

- Mandate Title: B2B Internal Direct Debit Mandate
- Mandate Reference: Mecena Monthly Fee.
- Payment type: Recurring.
- Creditor Information:
- Merchant name: Mecena Tech, S.L.
- Account Holder Address: Avenida de Brasil, 17, Entreplanta, 28020, Madrid.
- Debtor information: Debtor's Account Number, Debtor's IBAN.

3. Private Area

In the private section of the application, you will have access to 4 distinct areas:
(i) the initial zone;
(ii) the accounting area;
(iii) the services area;
and (iv) the cards area.

3.1. Initial Zone

In the initial zone, the User will have access to the following information:
Account balance;
Recent transactions;
Income breakdown; and
Expense breakdown.

The User can access the following functionalities:
- Funds transfer. Users can select the recipient and must provide the following details, based on whether it's an individual or a company.
- Add funds. Necessary information will be provided to the User to transfer funds to their MECENA account.
- Request funds. Users can ask third parties to send funds to their MECENA account.
If it's an individual, they must provide (i) their email address and (ii) the full name of the individual.
If it's a company, they need to provide (i) the company name, (ii) their email address, and (iii) their tax identification number.

3.2. Accounting Area

In the accounting area, there will be a distinction between the income and expense zones. In the income zone, you can view: Incomes broken down by (i) platform; (ii) brand agreements; (iii) memberships and monetization services; (iv) affiliate program; (v) sales of merchandise, products, and/or services; and (vi) other sources. In the expense zone, you can view: The total expenses incurred, a percentage breakdown by expense category, and a breakdown of taxes saved by the User.

3.3. Services Area

From the services area, you can access (i) the "Tax Bucket" service; (ii) the "+ Than Funding" service; and (iii) entry to MECENA's Discord community.

3.4. Tax Bucket

The Tax Bucket service allows you to save TEN (10), FIFTEEN (15), or TWENTY (20) PERCENT (%) of the income received through MECENA. The purpose is to allocate these saved funds for future annual tax payments.

3.5. + than Funding

This service is ONLY COMPATIBLE with Users who are Content Creators on YouTube. + than Funding allows the User to receive support from their fans for their creative projects, which are then paid back by the User using funds generated from their YouTube channel over a specific time period. MECENA centralizes this process within the application.It's a highly customizable service. The User can choose based on their needs: (i) the amount to receive; (ii) amounts to pay periodically based on their YouTube earnings; and (iii) the contract duration. MECENA will handle the repayment process to fans automatically based on the terms set by the User during contract setup. This service has its terms of use, which can be viewed on the MECENA Platform once it's available to Users.

3.6. Discord Community

The Mecena Discord community will operate under the server rules established therein and the terms and conditions of Discord.

3.7. Cards Area

The cards area allows Users to request both (i) a virtual debit card linked to their MECENA account, and (ii) a physical debit card, which they can customize with predetermined or personal designs, and which will be delivered to their residence. This service is provided by SWAN through the Platform, with SWAN being responsible for it. It has its terms and conditions, which can be viewed on the Platform.

4. Platform Use License

4.1. License

MECENA grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the platform, subject to compliance with this License of Use. This license prohibits certain activities. For example, you can't sell, license, modify, or interact with the platform in unauthorized ways. The license doesn't transfer ownership rights; all rights remain with MECENA.

4.2. Intellectual and Industrial Property

Industrial Property
Distinctive signs on the platform belong exclusively to MECENA or, if applicable, third parties. Unauthorized use of these signs by users is prohibited.

Content like texts, photos, logos, and more, as well as the platform as a whole, are protected by intellectual property laws. Unauthorized exploitation or manipulation of this content is forbidden.

Domain Names
Domain names belong exclusively to MECENA, and any misuse will be pursued by law. Any infringement should be reported via email.

4.3. Accessibility

Only users interested in MECENA's information and services can access the platform. Illegal activities or those against public order are not allowed. MECENA can block users suspected of misconduct or providing false information.

4.4. Platform Use

Users must:
- Use the platform lawfully.
- Keep login details confidential.
- Stay updated with the platform's terms and conditions.
- Avoid commercial exploitation or competitive activities.
- Not harm, overload, or disrupt the platform.
- Not reverse-engineer or decode MECENA's code.
- Not violate MECENA or third-party rights.

4.5. Liability

MECENA provides the platform "as is" without warranties. Although security measures are in place, full protection against breaches or viruses is not guaranteed. MECENA is not responsible for third-party sites linked on the platform or any misuse by users. Users are responsible for their own equipment and connectivity.

4.6. Indemnification

MECENA can restrict users who violate its terms from accessing the platform. Users must compensate MECENA for any damages, losses, or costs arising from non-compliance with the platform's use license.

4.7. Modifications

MECENA may change or restrict aspects of the platform without notice. Updates are essential for fixing issues or making improvements. Users must apply updates to continue using the platform. MECENA is not liable for issues arising from failure to update the platform.

5. Common Terms

5.1. Validity Period

The Terms and Conditions (T&C) will remain in force until the end of the relationship between the Platform and the User, whether this is due to the termination of the service or any other reason. Provisions that by their nature should remain in force after the expiry of the T&C will continue to do so. MECENA may terminate the T&C at any time at its sole discretion, by notifying the user using any available means.

5.2. Safeguard and Interpretation

If any provision of these T&C is declared illegal, invalid or unenforceable by any competent authority, it shall be interpreted as closely as possible to its original intent. In any case, such a declaration regarding one or more clauses will not affect the validity of the remaining provisions.

5.3. Partial Invalidity

The User agrees that, if any provision of the T&C is declared illegal or unenforceable, such provision will be removed from the T&C. In this case, the remaining part of the provision in question will continue in full force. The failure to enforce or remedy a breach of a particular provision of the T&C does not immediately constitute a waiver to enforce or remedy a breach of any other provision of the T&C, whether similar in nature or not.

5.4. Links

5.4.1. Links to Other Websites
Should the Platform display links to other websites through various buttons, links, banners, or embedded content, MECENA advises that these are managed by third parties. MECENA lacks the human and technical resources to pre-emptively know, control, or approve all information, content, products, or services provided by other platforms linked from the Platform.

As a result, MECENA cannot assume any responsibility for any aspect related to the Platform or website to which a link might be established from the Platform. This includes, but is not limited to, their operation, access, data, information, file quality, and reliability of their products and services.If Users become aware of any illegal activities or content that goes against morality or public order on these third-party websites, they should immediately notify MECENA so that the link can be disabled as soon as possible.

Under no circumstances does the establishment of a link from the Platform to another external website imply any form of relationship, collaboration, or dependence between MECENA and the party responsible for the external website.

5.4.2. Links to MECENA's Channel on Other Platforms and Social Networks
MECENA provides Users with linking tools and applications that allow access to the Platform's channels and pages on various third-party platforms and social networks (e.g., Twitter, Facebook, etc.). The sole purpose of these links on the Platform is to facilitate user access to these channels on various platforms and social networks.

Establishing these applications does not imply any relationship between MECENA and the owner, manufacturer, or distributor of the linked platform. The activation and use of these applications may require the User's identification and authentication (login/password) on corresponding platforms, external to the Platform and beyond MECENA's control.

As MECENA may have limited control over content hosted on these channels, the User acknowledges and agrees that MECENA assumes no responsibility for the content or services they may access on such pages, or for any other material available on them.

5.4.3. Links on Other Websites to the Platform
MECENA does not authorize linking to the Platform from websites containing illicit, illegal, degrading, obscene material or any content that violates laws, morality, public order, or generally accepted social norms.

However, Users may establish links directing to the Platform, provided they adhere to specific conditions, such as not reproducing Platform content, not creating a browser or border environment around Platform sections, and more.MECENA does not have the means to know, control, or approve all information, content, products, or services provided by other websites that have links directing to the Platform. Therefore, MECENA assumes no responsibility for any aspects related to the website that establishes the link to the Platform.

5.5. Responsibilities and Guarantees

MECENA cannot guarantee the reliability, usefulness, or truthfulness of all the information and/or services and content on the Platform. Consequently, MECENA does not guarantee or take responsibility for several aspects, including the continuity of the content, the absence of errors or viruses, the invulnerability of the Platform, or damages caused by anyone breaching the terms.

However, MECENA declares it has adopted all necessary measures, to its best ability and the current state of technology, to ensure the Platform's operation and minimize system errors.

5.6. Suspension of the Platform

MECENA reserves the right to suspend, modify, restrict, or interrupt access to the Platform, with or without prior notice, for Users who breach any of the terms specified.

5.7. Data Protection

In accordance with Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights, all personal data collected during the use of the Platform will be treated according to the Privacy Policy which every User should expressly accept to use and register on the Platform.

5.8. Confidentiality

All communications between MECENA and the User are considered confidential. Furthermore, any information or documentation of any kind exchanged between the parties will also be treated as confidential.

5.9. Language

The language applicable to these GCUs is Spanish. The English version here provided is only for the courtesy and convenience of Users. In the event of any contradictions between the versions, the Spanish version shall prevail.

5.10. Applicable Legislation and Jurisdiction

The terms specified in the T&C are governed and interpreted by Spanish law. In the case of a dispute between the User and MECENA, the parties will submit to the Courts and Tribunals of the city of Madrid, Spain.

Mecena Tech, S.L © 2023 - All rights reserved. Unauthorized reproduction or distribution of any section or content from the Platform is strictly prohibited.