Terms of use

TERMS OF USE OF ANIMOND PLATFORM

These Terms of Use of the Animond Platform (hereinafter referred to as: the „Terms of Use“ or „TUP“) shall govern the rights and obligations related to the use of Animond platform.

Animond platform is available on the website https://animond.co and is the exclusive property of the Društvo sa ograničenom odgovornošću AnimondFond Beograd – Zvezdara, corporate number: 21596094, TIN: 112043589, with its registered seat at the address Dimitrija Tucovića 45/18, Belgrade (hereinafter reffered to as: the „Company“)

The Company shall enable the use of the Animond Platform in the manner and under the conditions described in these Terms of Use.

Animond platform enables users to participate in crowdinvesting campaigns and to invest money in projects in the field of film activities, thus achieving share in the net profit of these projects, i.e. to support the development of film activities in the field of animation with their funds.

1. MAIN TERMS

Certain terms used in these Terms of Use of the Platform shall have the following meaning:

1. “Platform” shall mean “Animond platform” available on the following website https://animond.co;
2. “TUP” shall mean these Terms of Use of Animond Platform;
3. “Company” is the Operator of the Platform – Društvo sa ograničenom odgovornošću AnimondFond Beograd – Zvezdara, corporate number: 21596094, TIN: 112043589, with its registered seat at the address Dimitrija Tucovića 45/18, Belgrade;
4. “User” shall mean any natural or legal person who has registered on the Platform and accepted the TUP, Privacy Policy and Refund Policy;
5. “Investor” shall mean any natural or legal person who has accepted these TUP, Privacy Policy and Refund Policy when registering on the Platform and who has invested money in a particular project in accordance with the provisions of the TUP;
6. “Project” shall mean a specific animated project in the field of film activity in the production process, for the development of which a fundraising campaign is launched on the Platform, through investments.
7. “Crowdinvesting campaign” is a process of raising funds from a large number of legal entities and individuals through Animond Platform by investments, and for the purpose of investing in animated projects in the field of film activity. The minimum and maximum amount of funds required to be raised in order for the campaign to be successful, and the deadline by which the minimum amount of funds needs to be raised shall be determined within the campaign for each individual project.
8. “Beneficiary” shall mean the Owner of the project, being the subject of fundraising through the Platform, and the person the Company has concluded an Agreement on Business Cooperation and Investment with.

 

2. COMPANY DETAILS

The Operator of the Platform is Društvo sa ograničenom odgovornošću AnimondFond Beograd – Zvezdara (hereinafter referred to as: the Company), with the following main details:

Business name: Društvo sa ograničenom odgovornošću AnimondFond Beograd – Zvezdara

Registered office: Republic of Serbia, 11 050 Belgrade – Zvezdara, 45, Dimitrija Tucovića Str., suite no. 18

Company ID number: 21596094

TIN: 112043589

Main activity: 5911 – Motion picture, video and television program production activities

Phone: +381 11 404 8370

Email: office@animond.co

3. SUBJECT AND VALIDITY OF THE TUP

These Terms of Use represent legally binding provisions of the Agreement concluded between: the Company and each individual user of Animond platform in the capacity of Investor. The TUP shall prescribe the terms and conditions of use of the Platform, as well as mutual rights and obligations of the Parties in connection with the investment in projects published on the Platform.

These TUP may not apply to the Agreements on Business Cooperation and Investment concluded directly by the Company as the Investor and Beneficiary – Project Owner.

The Investor shall irrevocably declare that they have full legal and business capacity to agree with these TUP, thus concluding an agreement with the Company. In addition, by accepting these TUP they acknowledge that they have read, understood and accepted these TUP.

The Company, as the Platform Operator, shall reserve the right to amend these TUP at any time and such amendment shall take effect on the day of its publication on the Platform. Any access to the Platform or further use of its content after amendments to the TUP will be considered as consent to such amended or supplemented TUP.

The Company shall reserve the right to modify, supplement or terminate any part of its business operations at any time and without prior notice, including the Platform, or any part of it, service, subpage or services provided through the Platform. This right shall include, but is not limited to, changes in the time of availability, content, availability of new data, method of transmission, as well as the right to access or use the Platform.

The Investor is obliged to use the Platform in accordance with applicable legal regulations and the Company shall be entitled to control the content of the Platform at any time to ensure compliance with these TUP and legal regulations.

4. REGISTRATION OF THE INVESTOR

In order to use the contents of Animond Platform and gain the opportunity to invest funds, the user must register on the Platform. There are two registration methods available to users:

Method 1:

1. The user accesses Animond web platform.
2. By clicking on the Sign up button, the registration form is displayed.
3. The user enters its name, surname, email address, password and confirms the entry by clicking on Sign up.
4. The user receives a verification email with a link for the system to perform the required authentication.
5. The user gets the opportunity to log in via its email and password.

 

Method 2:

Alternatively, registration is also possible through a Google account.

When registering, the user selects the Continue with Google option, accesses their Gmail account, thus accessing Animond platform.

The Investor undertakes to regularly update their data on the Platform.

The Investor undertakes to provide accurate, complete and valid information in the registration process, as well as during each subsequent update of the account on the Platform.

The Investor acknowledges that they are aware of the fact that it is not allowed in the registration process to use names, nicknames and titles owned by third parties, names of public persons, illegal, harmful, threatening, abusing, harassing, defaming or in any way harmful to children and minors, personal data, bank accounts and credit cards of any third party without their express consent. In case of violation of these rules, the Company shall have the right to deactivate or delete the Investor account.

The Company shall reserve the right to reject registration, as well as to cancel or deny the possibility of further use of the Investor account in case of violation of these TUP or interference with the operation of the Platform.

The Investor is obliged to take care of the security of their user password. The Company is not responsible for cases of misuse of the user password, but will act immediately after the Investor reports any abuse in order to protect the rights of the Investor. The Investor can report such abuse via e-mail to: office@animond.co.

The administrators and moderators of the Platform are in no way responsible for the data published by the Investor and have the right to delete, change or move any content of the Platform at their own discretion and without prior notice.

Any dispute arising from the mutual relations of the Investor and the Beneficiary and/or other users of the Platform shall be resolved exclusively between those parties, whereby the Company is not responsible for any damage that may occur as a result of such relations.

5. INVESTOR LOGIN

Registered users can log in to the Platform in two ways:

Method 1:

1. The user accesses Animond web platform.
2. By clicking on the Log in button, the login form is displayed.
3. The user enters the email and password used in the registration process.
4. After successful authentication, the user is redirected to the home page.

 

Method 2:

In this case, the user logs on to the platform via their Gmail account.

By clicking on the Log in button, and then on Continue with Google, by selecting the Gmail account, the user logs in to Animond platform.

6. INVESTMENT

The Company raises funds through the Platform to invest in the production of animated projects in the field of film, and to make profit from the exploitation and distribution of such projects. The funds are raised in the way of INVESTMENTS.

The Company, as an Investor, has concluded Agreements on Business Cooperation and Investment with the Beneficiaries – authors of the projects funds are raised for. Based on the Agreements concluded, the Company starts raising funds from the Investor in order to invest in selected projects.

The Company publishes projects on the Platform, being the subject of fundraising campaigns launched through investments.

Within each campaign, the Company publishes the following mandatory information on the Platform:

I Information on the project the campaign is launched for:

• Project title
• Genre
• Duration
• Direction
• Scenario
• Producers
• Production house
• Project value
• Deadline for project completion

 

II Campaign details:

• Start date and end date of the fundraising campaign.
• Minimum amount of funds to be raised no later than the end of the campaign for the fundraising campaign to be successful.
• Maximum amount of funds that can be raised on the basis of investments.
• Rights of the Company based on the concluded Agreement on Business Cooperation and Investment with the Beneficiary – Owner of the Project and successfully completed investments, in terms of the Company’s share in the net profit of the project.
• Definition of the net profit of the project and the method of distribution of the net profit of the project with the Investors.

 

The data published as regards individual projects are binding for the Parties (Company and Investor), and shall apply as Special Terms of Use of the Platform.

7. INVESTMENT PROCEDURE

In order for the user to invest in a particular project, they shall first register and log in to the Platform.

After registration and login, the user gets the opportunity to invest in one or several available projects. In order to invest, the user chooses the Invest option within one or several projects. Within each of the projects, bilaterally binding data on the project and investment terms are provided.

The user then fills in the desired amount of investment, comes to the payment form and enters the following details:

• Name and surname
• Address of residence (city, postal code and country)
• Telephone number
• E-mail

 

The amount of the bank commission, any exchange rate gain or loss and other costs of this monetary transaction shall be borne by the Investor.

It is not possible to make any transaction until the user checks the option to agree to the Terms of Use of the Platform, Privacy Policy and Refund Policy. By agreeing with the TUP, Privacy Policy and Refund Policy, as well as upon successful transfer of money from the user’s account to the Company’s special purpose account, the Parties have concluded an Investment Agreement with rights and obligations defined by these TUP, Privacy Policy, Refund Policy and the rights specified within the selected project.

When realizing any money transaction, the Investor may be asked to provide information on the credit card number, the expiration date of the card, the name of the user, the address of the card user and any other details. By accepting these terms of use, the Investor shall warrant that they have the legal right to make payments via the respective credit card, i.e. from the provided bank account.

8. DISTRIBUTION OF NET PROFIT REALIZED FROM THE PROJECT

The Investors shall pay the funds to a special purpose account of the Company. The Company may not use the funds contrary to their purpose during the campaign, i.e. the Company may only return the funds from the special purpose account to the Investors under the terms provided by these TUP, as well as pay commission and transfer funds to the Beneficiary when the requirements prescribed by these TUP are met.

If, by the day marked as the end of the fundraising campaign for a particular project, the required minimum amount of funds is raised or if the maximum amount of required funds defined by the introductory provisions of the Agreement (SUSPENSIVE CONDITION) is raised before the specified deadline, 95% of raised funds are transferred from the Company’s special purpose account to the account of the Beneficiary, whereas 5% of the funds paid are transferred to the account of the Company as a fee/commission for the mediation services performed during fundraising. By paying these funds, the Company shall acquire:

• the agreed share in the ownership of the project which remains exclusively in the property of the Company and
• the right to the agreed percentage of revenue generated by the exploitation and distribution of the animated project (NET PROFIT), which profit is shared with the Investors in accordance with the provisions of these TUP and individual conditions prescribed for each specific project. The Company’s share in the realized net profit of the project, as well as the method of calculation of the net profit are published on the Company’s Platform within the presentation of each individual project.

 

Unless the required minimum amount of funds for a certain project is raised by the day marked as the end of the fundraising campaign, the Company shall notify the Investor of the failure of the conducted campaign. The notice shall be sent in writing to the e-mail address of the Investor. At the same time, the Company invites the Investor to declare within 8 days after the date of receipt of such notification whether they want to redirect their investment to another project, in which case the agreed conditions shall change according to the newly-selected project or to waive their investment, in which case funds from the Company’s special purpose account shall be returned to the Investor’s account, less the related bank costs. Accordingly, the contractual relationship shall cease to be valid.

If any specific project makes net profit, the Company undertakes to distribute its share in the realized net profit of the project as follows:

1. The Company undertakes to first pay the received funds as the realized share in the net profit of the project to the Investors up to the level of invested funds in the specific project. Payments are made to Investors as a percentage proportional to the share of each investment in the total amount of funds invested in the project.

When making each payment as the return of invested funds to the Investors, the Company shall retain the amount of 2.5% of the calculated amount referred to in the previous paragraph as the commission for the services of mediation and administration of the investment realized.

2. After the return of the invested funds to the Investors, all future payments as the realized share in the net profit of the specific project are divided as follows:

30% of the realized net profit belongs to the Company, while the remaining 70% shall be distributed to the Investors in proportion to the share of their investment in the total amount of funds invested in the project.

The Investor’s share in the specific project is determined by dividing the amount of funds invested by an individual Investor in the project by the total amount of funds invested in that Project.

After the return of the investment to all Investors who have invested money in the specific project, the Investors will be entitled upon each subsequent payment of net profit to the amount obtained by the following formula: Investor’s share in the investment * (70/100 * actual share of the Company’s net profit in the project).

The return of invested funds and payment of realized profit to the Investors shall be made only and exclusively under the condition that the specific project realizes net profit and that the Beneficiary transfers the realized and agreed percentage of net profit to the Company’s account.

All payments provided for in this Article shall be made by the Company under the conditions provided for in the previous paragraph of this Article, on a quarterly basis, no later than 8 (eight days) after the date of delivery of the Quarterly Report on Project Revenues to the Investors.

9. SUBMISSION OF REPORTS

The Company undertakes to submit to the Investors quarterly reports containing the following information:

• Overview of all elements required to determine the realized net profit of the project, the total amount of realized net profit of the project, share in net profit belonging to the Company and overview of payments made to the Company’s account by the Beneficiary in accordance with the Company’s rights under the Agreement on Business Cooperation and Investment.
• Calculation of the amounts paid to the Investor.
• Calculation of commissions belonging to the Company.

 

The Investors shall have the right to receive quarterly reports with the above-described details that relate exclusively to the projects the Investor has invested in.

The Investor shall receive these quarterly reports no later than 30 days after the end of the respective quarter.

The Company undertakes to submit to the Investors regular annual financial reports no later than 15 days after the date of submission of the report to the Business Registers Agency.

The reports are submitted to the Investor in electronic form to the Investor’s e-mail address.

The Investor is obliged to keep as trade secret all information about the Company marked as confidential, as well as information and documentation forwarded to them in accordance with the previous paragraphs of this Article of the TUP (except data or documents published by the Business Register within the annual financial statements of the Company).

10. SALE OF SHARES

For the avoidance of doubt, the Parties acknowledge that in case of successful fundraising campaign, only the right to shares in the Company’s net profit realized in the specific project is transferred to the Investor under the conditions defined by these TUP, whereby the Company shall remain the sole owner of shares in ownership of the specific project.

The Company has the right to independently make a decision on the sale of shares in the ownership

of the specific project. In that case, the realized fee for the share sold is divided between the Company, which is entitled to 50% of the fee realized, and the Investors who have invested their funds in the project which is the subject of sale, who shall share the remaining 50% of the fee in proportion to their investment share in the total amount of funds invested in the project. Upon payment of compensation to the Investors on the basis of the Agreement on Transfer of Shares to Third Party – Acquirer, the contractual relationship with the Investors shall cease to be valid as well as the Investor’s rights to share in the distribution of profits of the specific project that was the subject of sale.

11. COMPANY RESPONSIBILITY AND RISK DETAILS

The Company has formed a Committee consisting of financial experts and experts in the field of film who select projects for investment. The Committee primarily selects projects of award-winning authors with elements of gap funding, degree of completion of at least 75%, which are supported by Film Centers, all in order to minimize risk and increase the probability of investment success, i.e. project profitability.

The Company undertakes to act with the care of a good expert when selecting projects to be funded and to select projects with minimal risk of failure / unprofitability according to the Company’s expert committee, but the Company is not responsible if the project fails to make any profit despite all the efforts and expert judgment.

The Company is not responsible for the success of the investment, nor for the return on investment.

By accepting these TUP, the Investor acknowledges that they are ready for a potential loss of the entire invested amount if the project, being the subject of investment, fails to make any profit or if the Beneficiary fails to pay the profit to the Company and agrees that in such case they may have no right to demand any return.

For the avoidance of doubt, the Parties shall agree that this contractual relationship does not have the character of any Loan Agreement.

12. TERM AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP

The contractual relationship between the Company and the Investor based on the manner defined in Article 6 of these TUP, shall be terminated in the following cases:

• In case the required minimum amount of funds is not raised by the day marked as the end of the campaign, whereby the Investor declares that they do not want the funds to be redirected to another project,
• Upon expiration of statutory deadlines for the validity of copyrights,
• In case the Company sells its share in the ownership of the project to a third party.

 

This contractual relationship may be terminated:

• Through mutual agreement of the Parties;
• Through unilateral termination of either Party in case the other Party violates the provisions of this Agreement, with a notice period of 30 days after the date of sending the statement of unilateral termination by registered mail to the other Party.

 

In case of unilateral termination of the Agreement, the Company is obliged to return to the Investor the amount of the investment made in case of termination before the end of the campaign and payment of funds to the Beneficiary. If the Agreement is terminated after the end of the campaign and payment of funds to the Beneficiary, the Company is obliged to calculate and pay the corresponding part of the realized net profit to the Investor, which is due and realized by the date of termination, all in accordance with Article 7 of these Terms of Use. If the termination is a result of violation of the provisions of the TUP by the Investor, causing damage to the Company, the Company shall have the right to reduce the amount of the investment, i.e. the realized profit that would belong to the Investor until the day of termination of the Agreement, by the undisputed amount of damage and to keep such amount. In the event that the specified amount is not sufficient to settle the damage, the Company may realize the difference up to the full compensation in court.

13. WAIVER OF REMOTELY CONCLUDED AGREEMENT

Since the Investment Agreements are concluded electronically in the manner prescribed by the Terms of Use of the Platform, the Agreements concluded are considered remotely concluded.

Pursuant to Article 28 of the Law on Consumer Protection, the Investors hall have the right to waive any agreement concluded remotely, i.e. outside the business premises within 14 days, without specifying the reasons and additional costs, except for costs under Article 34 and 35 of the Law on Consumer Protection.

The Investors hall exercise the right to waive the agreement based on a statement that could be made on a special form for waiver of the agreement concluded remotely, i.e. outside the business premises or in another unambiguous way (hereinafter referred to as: waiver form which is available here: https://animond.co/wp-content/uploads/2024/04/Withdrawal-statement.pdf ).

The statement of waiver of the agreement concluded remotely and outside the business premises shall be considered timely if it is sent to the Company within the period referred to in paragraph 2 of this Article.

The statement of waiver of the agreement shall produce legal effect as of the day it is sent to the Company.

If the Company allows the Investor to electronically fill in and send the waiver form, it is obliged to notify them of the receipt of the form without delay in writing or on another durable medium.

Upon expiration of 14 days after the day of conclusion of the agreement, the right of the Investor to waive the agreement shall cease.

If the Investor realizes the right to waive the agreement in accordance with this Article, it shall be deemed that such agreement has not been concluded.

The Investor shall have no right to waive the agreement after the service has been fully performed if the provision of such service begins after the explicit prior consent of the Investor and with their acknowledgement of the information that they shall lose the right to waive the agreement once the Company fully performs the agreement.

In case of waiver in accordance with this Article, the Company is obliged to immediately return the payments received from the Investor, and no later than 14 days after the date of receipt of the waiver form.

The Company provides such refund using the same means of payment used by the Investor in the original transaction, unless the Investor has explicitly agreed to the use of other means of payment and provided that the Investor does not bear any costs arising from such refund.

14. COPYRIGHT

Animond Platform with all its data, database, application and design is the exclusive property of the Company and can be used only in accordance with the rules prescribed by these Terms of Use.

Any copying, duplication, reproduction, publishing and distribution of all or parts of this Platform or data published on the Platform (including documents, images, photographs, videos, teasers, etc.), modification of part or all of the content, regardless of the reasons for such work shall be prohibited and represent a violation of copyright and a criminal offense to be prosecuted in accordance with the law.

Any distribution of content from this site is subject to the written permission of the Company. Any abuse entails a copyright criminal offense. In the event of copyright infringement, appropriate legal action will be taken without delay.

15. LIMITATION OF LIABILITY

The Company assumes no liability for direct, indirect, incidental or consequential damages resulting from access to or use of the Platform, as well as for loss of profit that may arise from access to or use of the Platform (including computer viruses and similar risk).

The Investor uses the Platform solely at their own risk, whereas the Company and related third parties do not guarantee in any way that the use of the Platform will not be interrupted and/or that it will be free from any functional problems.

The Platform also contains documents, data, information as well as links to other third party websites which will be marked as such to the extent necessary and possible. The Company has no control over these documents, data, information or other websites and disclaims all liability, including but not limited to the accuracy, completeness and availability of content on third-party websites. The Company disclaims any liability for any content displayed on such third-party websites, as well as for any products or services the Investor acquires through such third-party websites. Such third parties shall not be deemed to be affiliated with the Company in any way solely because of their connection with the Platform.

All posts, messages, texts, views, photographs, videos and other materials and content published on the Platform are the sole responsibility of the person such content originates from. The Company makes no warranties as to the accuracy, completeness or authenticity of such content.

The Investor is liable for any damage suffered by the Company or any other user of the Platform, which occurred due to the following actions taken by the Investor (or any person using the Investor account with or without the knowledge of the Investor):

• using the Platform in a fraudulent manner;
• violating the provisions of these TUP;
• using the Platform in a manner that causes loss or damage to the Operator – Company or another user of the Platform.

 

The liability of the Parties for breach of obligations under the TUP is limited to intent and gross negligence and to compensation for ordinary damages and loss of profit.

16. TRADE SECRET/DATA PROTECTION

The Company collects certain data of the Investors which will be processed in accordance with applicable laws and which are subject to the Privacy Policy, which is available here https://animond.co/privacy-policy .

The Investors are obliged to keep as trade secret all information about projects marked as confidential on the Platform, as well as information and documentation forwarded to them during the contractual relationship.

Any use of the content of the Platform (such as downloading, storing or other reproduction or distribution of texts, images and other content) requires prior consent of the Company.

17. FINAL PROVISIONS

The Company shall have the right to amend the Terms of Use of the Platform, whereby all changes are to be published on the Platform.

The Parties shall endeavor to resolve any dispute amicably. In the event that the dispute may not be resolved amicably, the Parties submit to the competence of the Commercial Court of Belgrade.

The provisions of Serbian procedural and substantive law shall apply to these TUP and the contractual relationship between the Company and the Investor.

These Terms of Use shall enter into force on the day of their publication on the Platform.

Belgrade, date 12.04.2024.