Patron Terms of Use and Privacy Policy

This Patron Terms of Use and Privacy Policy explains how Subless, Inc., a Delaware Corporation, (“Subless” “we,” or “us”) collects, uses, and discloses information about you, a “Patron”, and the terms you must accept when you: utilize our technology; set a budget with which to fund Creators; and browse Partner websites while signed into our application (the “Service”).  By using the Service, you consent to our Patron Terms of Use and Privacy Policy. If you do not consent to this Patron Privacy Policy and Terms of Use,  simply do not use our Service.

 

TERMS OF PARTICIPATION.  You, a Patron, are someone who sets aside money each month to give to Creators whose content you enjoy and the Partner websites that host this content.  Our Service enables you to automatically distribute that money to the Creators and Partners on a monthly basis.   While using Subless, you may also receive additional bonuses from Creators and Partners that are only available to Patrons. 

The benefits you get from being a Patron can change based on how our content Creators and Partners use Subless. Some Creators may use Subless as a convenient tipping system, while some Partners may paywall their content and drop the paywall for Subless users. You can see the details of the Creators and Partners you are funding on your personal Subless profile page, as well as in the receipt sent to you after each successful payment. You can view your active subscription and billing history on your membership page.

ESTABLISHING AN ACCOUNT.  To become a Patron: create an account, set your monthly budget to give Creators and Partners, and start browsing the web.  Subless will charge you once a month at the budget amount you set. Whenever you visit a Partner site and view Creator content, Subless will automatically add those Creators and Partners to the list of those that will get a portion of your monthly budget.   Only a Subless account is needed, and no account is necessary for the Partner or Creator sites. At the end of the month, we will split your budget payment among the Creators and Partners you visited based on how much you visited them.  We take a 2% fee for making it all happen.

 

PAYMENTS.  You set the amount of your monthly payment (Minimum $5.00USD), which will be deducted when you establish and account, and then every following month on the same day of your signup.

Stripe charges a fee for each transaction, which will be deducted from your total payment before distribution. Details on the size of that fee are subject to Stripe’s pricing, which can be found here.

If you are located in the jurisdiction in which we are required to charge and collect tax (e.g. VAT or sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription. Subless remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.

Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Subless does not control this charge and you should contact your bank for more information.

 

PAYMENTS TO CREATORS AND PARTNERS:  When a Patron views Creator content on a Partner’s website, Subless records both the Creator whose content was viewed, and the Partner site on which they were viewed. At the end of the month, Subless:

  • Takes a 2% fee from the Patron’s monthly budget

  • Splits the remaining 98% of the user’s monthly budget among the Creators and Partners  that Patron visited, based on how much they visited them

Partners receive 20% of the funds garnered by a piece of content they host and Creators receive 80%.  For example, if an art piece garnered $10 from Patrons who viewed that art piece on a given Partner website, then the Creator of the art piece would receive $8, and the Partner would receive $2.

REFUNDS. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted at our sole discretion.

 

ACCOUNT CANCELLATION.  You may cancel your Subless membership at any time. Canceling your membership means you will not be charged again when a new month starts. The remainder of the months’ funds may be prorated, with the remaining amount split among the Creators you visited.  You can delete your account here. We can disable your account at our discretion.  You can permanently delete your account at any time by going to your account page.  We can terminate or suspend your account at any time at our discretion.

 

WHAT IS REQUIRED OF YOU TO USE THE SERVICE.  Use of the Service requires the creation of a Subless user account ("User Account").  You are required to accurately complete and maintain the User Account and to provide us with all required information. 

 

USE RESTRICTIONS.  You agree not to do or attempt to do any of the following:

  • Use the Service if you are under eighteen years of age;

  • Use the Service to harm, threaten, or harass any person or organization;

  • Damage, disable, overburden, interfere with or impair use of the Service;

  • Enable unauthorized third-party applications to access or interface with the Service;

  • Harass, threaten, demean, embarrass, bully or otherwise harm any other Service user;

  • Use slurs, derogatory or explicitly violent language;

  • Utilize a credit or debit card that does not have adequate credit available or use a card belonging to another person without permission;

  • Share your password or otherwise authorize a third party to access or use the Service,

  • Sublicense or transfer any of your rights under these Patron Terms of Use and Privacy Policy;

  • Modify, copy or make derivative works based on the Service;

  • Otherwise use the Service in any manner that exceeds the scope of use granted to you in these Patron Terms of Use and Privacy Policy; or

  • Use unauthorized software or hardware to access or modify the Service.

 

WE CAN CHANGE OUR SERVICE.  The features in our Service are subject to change.  We will provide you notice of such changes by any reasonable means, including our posting of a notice on our website or contacting you via email.

FRAUDULENT CREATORS AND PATRONS.  Our Partner sites can offer varied benefits for subscribing via Subless. We attempt to screen for fraudulent Partners, but cannot guarantee the identity of Partners, the Creators whose content they host, nor the validity of any claims they make. We appreciate your help reporting suspicious Partner pages so we can keep our Service working for Creators making quality content.

 

PERSONAL INFORMATION WE COLLECT ABOUT YOU WHEN YOU SET UP AN ACCOUNT AND USE OUR SERVICE.   At Subless, we value your privacy and are committed to protecting your information in compliance with all applicable privacy and data protection laws. This Terms of Use and Privacy Policy describes the personal information protected under applicable privacy and data protection laws, which we collect or process about you or that could identify you when you use our Service, and how and why we collect or process it.   Such information may include your contact information such as your name, shipping address(es), phone number and email address; your Subless username and password; and demographic information like your birthday and gender identity. We collect and otherwise process this Personal Information to establish and manage your Subless account and send you surveys when permitted under applicable law.

 

HOW WE COLLECT PERSONAL INFORMATION.  We collect Personal Information about you when you provide it to us directly. For example, you may provide Personal Information to us when you communicate with us using any means, create an account with us, use our Service, complete forms on our Service, seek technical or customer support from us with respect to our Services, submit questions or complaints to us, and otherwise provide us Personal Information about you.  We collect and otherwise process this Personal Information to (1) tailor your experience when accessing or using our Service; (2) operate and manage our business (including developing, maintaining and supporting our Service); (3) provide you marketing and other information; (4) Comply with applicable law; (5) establish, exercise or defend our legal claims and rights; and, (6) for any other purpose(s) set forth in any consent you provide. We do not collect or store information on any users who do not have Subless accounts.

 

WHY WE COLLECT PERSONAL INFORMATION. We also collect Personal lnformation about you when you use our Service because it is necessary to provide functionality to you and to recognize you when you use different devices to access our Service.  This Personal Information is also used for business purposes, such as identifying trends; developing or enhancing our Service; updating security protocols, and refining marketing messages we think may interest you.

 

NON-IDENTIFIABLE INFORMATION.  We may collect and use non-identifiable Personal Information for any purpose to the extent permitted by applicable law when you interact with us in any way.  We modify your Personal Information and make it non-identifiable as being yours, but still available for use in the functioning of our Service and for use in aggregate form. Examples of the Personal Information we capture include information that you input into the Service, notifications triggered by alert, your settings and your activities associated with your use of our Service (e.g. how frequently you use our Service, your user preferences, and particulars of your Service usage).  All usernames, passwords, and location data you input into our Service are de-identified.  If we are required to treat non-identifiable Personal Information differently under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information, including to pursue our legitimate business purposes, operate, manage, and promote our business (including developing, maintaining and supporting our Service.

 

EMAIL.  We may send you emails related to your account, billing issues and other business purposes.

 

USE OF PERSONAL INFORMATION BY SERVICE PROVIDERS.  In non-identifying form, we share your Personal Information with third-party entities, business partners or others that provide services or perform functions on our behalf so that we may operate and manage our business, including but not limited to providing our Service to you.  These service providers include entities that provide us with marketing and surveys; data hosting, storage retrieval and analytics services; email and shipping services; legal functions and process; and control and compliance processes.  We operate in the United States but our service providers are in various countries throughout the world.

 

HOW WE SECURE PERSONAL INFORMATION.  We use appropriate administrative, organizational and technical safeguards to protect information from loss, misuse, and unauthorized access, disclosure, alteration and destruction in light of the nature of the information processed. Personal Information transmitted through our Service is encrypted when transmitted. Please note that no data transmission or storage system is guaranteed to be entirely secure.  We use appropriate administrative, organizational and technical safeguards to protect information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. 

 

THIRD-PARTY SOFTWARE.  Our Service may include or provide links to third-party software components (“Third-Party Components”). If you utilize these Third-Party Components, you agree to be bound by applicable third-party licenses. 

 

NO WARRANTIES.  EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OUR SERVICE  IS PROVIDED "AS-IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE OUR Service AT YOUR OWN RISK.  WE DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT.  WE DO NOT MAKE ANY WARRANTIES THAT OUR SERVICE OR ANY DATA OR REPORTS PROVIDED BY US WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.  WE ALSO DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE.

 

LIABILITY LIMITATIONS.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SUBLESS’ AFFILIATES, LICENSORS, AND SUPPLIERS HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO OUR SERVICE, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER, INCLUDING DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE OUR SERVICE, AND ANY CONSEQUENTIAL, UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION WHETHER THE CLAIM OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.   

 

HOLD HARMLESS.  Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Subless, our affiliates, licensors, and suppliers from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from any information you submit, post or transmit through our Service; your use of our Service; your violation of this Privacy Policy and Terms of Use; or your violation of any rights of any other person or entity.

 

TERMINATION.   You may terminate your use of the Service by simply ceasing your use of the Service. However, it is important for you to note that we may retain all of your Personal Information associated with your use of the Service as long as it is required or permitted by applicable law, (b) your rights to use the Service will terminate, and (c) the terms and conditions found in this Terms of Use and Privacy Policy shall survive such termination and continue to apply to the parties. Notwithstanding the foregoing, if your use of the Service is terminated for any reason, we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials (including Personal Information), without any obligation to provide any further access to such materials.

 

GOVERNING LAW/FORUM.  These Terms of Use and Privacy Policy shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without reference to choice of law principles. If a dispute arises between you and Subless with respect to these Terms of Use and Privacy Policy, we shall first attempt to resolve such dispute(s) through good faith negotiation. If such disputes cannot be resolved within thirty (30) days, we shall exclusively refer the dispute(s) to arbitration by serving written notice of its intention to arbitrate the dispute to the other party. The arbitration shall be conducted in accordance with the American Arbitration Association (“AAA”) for resolution through binding arbitration by a single arbitrator pursuant to AAA’s rules applicable to commercial disputes, as amended from time to time. All arbitrations shall take place in Allegheny County, Pennsylvania.  

 

SEVERABILITY.  In the event that any arbitrator or court holds any provision of these Patron Terms of Use and Privacy Policy to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these Terms of Use and Privacy Policy will remain in full force and effect and enforceable according to their terms.

ASSIGNMENT.  We may assign these Patron Terms of Use and Privacy Policy in whole or in part at any time without notice. You may not assign these Patron Terms of Use and Privacy Policy or transfer any rights to use our Service. 

 

CHANGES TO OUR PATRON TERMS OF USE AND PRIVACY POLICY.  From time-to-time, we may change our Patron Terms of Use and Privacy Policy. We will post any changes on our Service’s website. If we change our Patron Terms of Use and Privacy Policy significantly, we will notify you by adding a prominent notice on our Service or by sending you an email notification as required by applicable law. To the maximum extent permitted by applicable law, any changes will become effective when we post the updated Patron Terms of Use and Privacy Policy on our Service’s website, and your use of our Service following these changes means that you accept the updated Terms of Use and Privacy Policy.