Terms of Service

The short version

We wrote these Terms to be read. The summary below is here to help, and the full Terms that follow are what legally apply.

• Tidepool is a generosity network. Supporters choose one monthly amount and send Ripples to the creators who move them. At the end of each month, the amount is split between the creators they Rippled.
• Support is voluntary. Your contribution is a gift of support. It does not buy content, access or perks, and it is not tax-deductible.
• You can cancel anytime, online, in a few clicks. Cancelling stops future charges. Money already split and sent to creators is generally not refundable.
• Creators keep their rights. Creators own their work. Payouts are made monthly through our payment partner, Stripe, minus payment processing and a Platform Fee of 8% or 18%, depending on how each Supporter joined (Section 6.5).
• Play fair. Faking Ripples, creating fake accounts or gaming the split leads to suspension and withheld payouts.
• Disputes go to individual arbitration. Section 17 explains how disputes are resolved, including a waiver of class actions and jury trials, and how you can opt out within 30 days.

1. Agreeing to these Terms

In shortBy creating an account or using Tidepool, you agree to these Terms and to our Privacy Policy.

1.1 Who we are. These Terms of Service ("Terms") are a binding agreement between you and TidepoolFM Inc., a Delaware corporation (in formation) ("Tidepool," "we," "us" or "our"), with its address at HaMazgher 1, Ra'anana, Israel. They govern your use of tidepool.fm, our mobile apps, Apple Wallet passes, emails, and every related product or service we offer (together, the "Services").

1.2 How you accept. You accept these Terms when you check the box or click the button that says you agree to them, when you create an account, or when you make a contribution. If you do not agree, please do not use the Services.

1.3 Other documents that form part of these Terms. Our Privacy Policy (tidepool.fm/privacy), our published Allocation Formula (to be published before the first payout), our Community Guidelines (to be published before launch) and, for Creators, the Stripe Connected Account Agreement (Section 6.3) are part of these Terms. If a supplemental program term (such as the Founding Creator terms in Section 7) conflicts with the rest of these Terms, the supplemental term controls for that program.

Important: Section 17 contains an arbitration agreement and a class action waiver. Unless you opt out within 30 days as described in Section 17.8, you and Tidepool agree to resolve most disputes through individual binding arbitration and give up the right to a jury trial or to participate in a class action.

2. Key words

In shortThese are the Tidepool words used throughout. Each one means exactly what is written here.

3. Eligibility and accounts

In shortYou must be at least 18 and able to form a binding contract. Keep your login secure, and use one account per person.

3.1 Age. You must be at least 18 years old, and old enough to enter a binding contract where you live, to create an account or contribute. The Services are not directed to children.

3.2 Who may use the Services. You may not use the Services if you are barred from doing so under the laws of the United States or of the place you live, including if you are on a US government sanctions list or located in a country subject to comprehensive US sanctions.

3.3 Your account. You agree to give accurate information and keep it current. You are responsible for activity under your account and for keeping your sign-in links, devices and email account secure. Tell us at privacy@tidepool.fm right away if you suspect unauthorized use. Each person may hold one Supporter account. A Creator may hold one Creator account per show or brand, unless we agree otherwise in writing.

3.4 Organizations. If you use the Services on behalf of a company or organization, you confirm that you are authorized to accept these Terms on its behalf, and "you" includes that organization.

4. How Tidepool works

In shortYou set one Monthly Amount. You send Ripples to what moves you. At month end, your Net Contribution is split between the Creators you Rippled, under a formula we publish.

4.1 The Monthly Amount. As a Supporter, you choose a Monthly Amount (minimum to be confirmed before launch) and authorize us to charge it every Billing Period until you cancel (Section 5).

4.2 Ripples. During each Billing Period, you can send Ripples. Ripples are records of appreciation, and they carry no cash value on their own. Under the Allocation Formula, only your first Ripple to a given Creator on a given day counts toward the Split, and other limits may apply to keep the Split fair.

4.3 The Split. At the end of each Billing Period, we calculate your Net Contribution and allocate it among the Creators you Rippled during that Billing Period, in proportion to the weight the Allocation Formula gives each Creator. Each Supporter's money is split only among the Creators that Supporter Rippled. One Supporter's choices never move another Supporter's money.

4.4 Months with no Ripples. If you send no Ripples during a Billing Period, your Net Contribution for that period will be to be confirmed before launch.

4.5 The Allocation Formula. We publish the Allocation Formula at tidepool.fm (to be published before the first payout) before the first payout. It may include factors such as the number of days you Rippled each Creator. We may change the Allocation Formula to improve fairness, prevent abuse or comply with law. We will give at least 30 days' notice of any change that materially affects how money is split, and changes apply only to Billing Periods that start after the change takes effect.

4.6 Direct Support. Where the Services offer it, you may also send support directly to a single Creator ("Direct Support"). Direct Support goes to that Creator only, minus payment processing fees and the Platform Fee, and is described at the point of payment as to be confirmed before launch.

4.7 Contributions are gifts of support. Contributions are voluntary support for Creators' work. Unless a Creator expressly offers something in exchange through the Services, a contribution does not buy any content, product, access, perk or service from the Creator or from Tidepool, and Creators have no obligation to produce anything. Contributions are not charitable donations and are not tax-deductible. Contributions are not investments and create no ownership, profit share or other financial interest in any Creator or in Tidepool.

4.8 Our role in payments. Payments are processed by Stripe. For contributions to Creators, Tidepool acts as each Creator's limited agent for the sole purpose of receiving contributions on the Creator's behalf. When your payment is successfully processed, your payment obligation for that contribution is complete, and the Creator's right to be paid is against Tidepool, according to these Terms.

5. Supporter payments, billing and cancellation

In shortYou are charged your Monthly Amount every month until you cancel. Cancel anytime in your account settings. We email you before any price change and once a year as a reminder.

5.1 Recurring charge disclosure. When you start supporting, you authorize Tidepool to charge your payment method your chosen Monthly Amount, plus any applicable taxes, automatically every month on or about the same day, until you cancel. Before you confirm, we show you the amount, the billing frequency, the date of the first charge and how to cancel, and we ask for your separate, express agreement to the recurring charge. After you sign up, we email you a confirmation with these terms and instructions on how to cancel.

5.2 How to cancel. You can cancel anytime, online, from Account > Support > Cancel in the app or at tidepool.fm, or by emailing privacy@tidepool.fm. Cancellation takes effect at the end of the current Billing Period. You will not be charged again, and Ripples sent during the current Billing Period will still be counted in that period's Split.

5.3 Changing your amount. You can raise or lower your Monthly Amount at any time. The new amount applies from the next Billing Period.

5.4 Reminders and changes. We send an annual reminder of your recurring support, including the amount and how to cancel. If we ever change any fee or term that affects what you are charged, we will notify you at least 30 days in advance, before the change applies to you, and you may cancel before it takes effect.

5.5 Failed payments. If a charge fails, we may retry it and notify you. If the charge still fails after to be confirmed before launch, we may pause your support. Ripples sent while a charge is unpaid may not count toward a Split.

5.6 Refunds. Because your Net Contribution is split and paid out to Creators, contributions are generally non-refundable once the Billing Period has closed. If you were charged in error (for example, a duplicate charge or a charge after a timely cancellation), contact us within 60 days and we will refund the erroneous amount. Nothing in this Section limits any refund right you have under applicable law.

5.7 Chargebacks. Please contact us before disputing a charge with your bank, so we can fix the problem quickly. If you file a chargeback, we may suspend your account while it is reviewed. Fraudulent chargebacks may lead to account termination.

5.8 Taxes and currency. Amounts are charged in US dollars unless shown otherwise. Your bank may charge currency conversion or foreign transaction fees, which are your responsibility. We may collect sales, VAT or similar taxes where the law requires.

5.9 Payment information. Payment details are collected and stored by Stripe, under Stripe's terms and privacy policy. Tidepool does not store your full card number.

6. Creator terms

In shortCreators apply, get approved, connect a Stripe account and receive monthly payouts. Creators are responsible for their own content, taxes and promises to their audience.

6.1 Applying and approval. You can reserve a handle and apply to become a Creator through the Services, including through an invitation from another Creator. We review every application and may approve or decline any application at our discretion. A reserved or claimed handle does not give you ownership of that name. We may reclaim or change a handle that impersonates someone, infringes a trademark, is inactive for 12 months, or violates these Terms.

6.2 Representations. You confirm that you own or control the show, channel or brand you list, that you have the right to receive money for it, and that the information you provide is accurate.

6.3 Stripe. Payment processing services for Creators on Tidepool are provided by Stripe and are subject to the Stripe Connected Account Agreement (stripe.com/legal/connect-account), which includes the Stripe Terms of Service (together, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a Creator on Tidepool, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of Tidepool enabling payment processing services through Stripe, you agree to provide Tidepool accurate and complete information about you and your business, and you authorize Tidepool to share it and transaction information related to your use of the payment processing services provided by Stripe.

6.4 Payouts. We pay Creators monthly, on or about to be confirmed before launch of the month following each Billing Period, once your share reaches the minimum payout threshold of to be confirmed before launch. Amounts below the threshold carry forward. Your dashboard shows amounts earned and amounts paid. Payouts depend on completing Stripe onboarding and verification. We may delay or withhold a payout while we investigate suspected fraud, Ripple manipulation, chargebacks or a breach of these Terms, or where the law requires.

6.5 Fees. Each contribution is reduced by (a) payment processing fees charged by Stripe, passed through at cost, and (b) a Platform Fee. The Platform Fee is 8% of the amount allocated to you from your own Brought-in Supporters (Section 6.7), and 18% of every other amount allocated to you, including from Supporters who joined through another Creator or directly through Tidepool. There are no sign-up or monthly charges for Creators. We will give Creators at least 30 days' notice before any increase in the Platform Fee.

6.6 Taxes. You are responsible for all taxes on amounts you receive. We or Stripe may collect tax information (such as IRS Form W-9 or W-8) and issue tax reporting forms (such as Form 1099-K) where required, and may withhold amounts where the law requires.

6.7 Your Brought-in Supporters. When a person creates their Tidepool account for the first time through your Ripple Link, they become your Brought-in Supporter. They remain your Brought-in Supporter for as long as both accounts stay active, unless the Supporter chooses to disconnect from you. A Supporter who already had a Tidepool account when they used your Ripple Link, or who first joined through another Creator's link or directly through Tidepool, is not your Brought-in Supporter. Brought-in status affects only the Platform Fee rate in Section 6.5. It does not change how a Supporter's contribution is split, and it never moves money from another Supporter's contribution.

6.8 Supporter information you receive. If a Supporter chooses to join your list or share their details with you, you receive their name and email address. You are responsible for that information as your own: use it only to communicate with that Supporter about your work, honor unsubscribe requests promptly, keep it secure, and comply with applicable privacy and anti-spam laws (including CAN-SPAM and, where it applies, GDPR). You may not sell it or add it to unrelated lists.

6.9 Your promises to your audience. If you offer anything in exchange for support (for example, a shout-out, early access or an "offer" posted through the Services), you are solely responsible for describing and delivering it accurately and lawfully.

6.10 Fair play. You may not Ripple yourself, ask others to create accounts to Ripple you, pay or reward people for Ripples, use bots or automation, or coordinate with other Creators to trade Ripples. You may of course invite your real audience to support you.

6.11 Unclaimed payouts. If a Creator's payout cannot be completed for to be confirmed before launch after we have made reasonable efforts to contact them, we will handle the amount as required by applicable unclaimed property law.

6.12 Relationship. Creators are independent. Nothing in these Terms creates an employment, partnership, joint venture or agency relationship between a Creator and Tidepool, except the limited payment-collection agency described in Section 4.8.

7. Founding Creator Program

In shortFounding Creators are the first Creators on Tidepool. They keep their handle and help shape how Tidepool works.

7.1 Eligibility. The Founding Creator Program is open to Creators whose applications are approved before to be confirmed before launch, at our discretion.

7.2 What Founding Creators receive. For as long as your Creator account remains active and in good standing, your claimed handle remains yours, subject to Section 6.1 (impersonation, trademark or Terms violations). We will also invite Founding Creators to give feedback on how Tidepool works before features are finalized.

7.3 Fees. Founding Creators pay the same Platform Fee as every other Creator (Section 6.5).

7.4 Ending. Founding status ends if your Creator account is closed, or is terminated for a material breach of these Terms. It is personal to you and may not be transferred, except with our written consent to a successor of your show or business.

8. Inviting other Creators

In shortYou are welcome to invite creators you believe in. There is no payment for invitations.

8.1 Invitations. Creators may invite other creators to apply, using the invite link in their Studio. Tidepool does not pay any referral fee, commission or share for invitations, and an invitation does not change any Creator's Platform Fee.

8.2 Honest promotion. When you invite others, you may not make false or misleading claims about Tidepool or about earnings, spam people, or bid on Tidepool brand terms in paid search.

9. Acceptable use

In shortUse Tidepool honestly and lawfully. No fake accounts, no gaming the Split, no harmful content.

You agree not to, and not to help anyone else to:

• create fake or duplicate accounts, use bots, scripts or automation, or send Ripples that do not reflect a real person's genuine appreciation;
• manipulate Ripples, the Split, Brought-in Supporter status or payouts, including through Ripple trading, incentivized Ripples, or creating Supporter accounts through your own Ripple Link;
• use stolen payment methods, launder money, or use the Services to fund unlawful activity or anyone on a sanctions list;
• post or link Content that is unlawful, infringes anyone's rights, sexually exploits minors, promotes violence or terrorism, harasses or threatens people, or impersonates anyone;
• raise money for, or present yourself as, a charity unless you are a registered charity and we have agreed in writing;
• scrape, reverse-engineer, overload or interfere with the Services, or bypass security or access controls;
• use the Services in violation of any applicable law.

We may remove Content, reverse or exclude Ripples, withhold payouts connected to the violation, and suspend or terminate accounts that break these rules.

10. Content and intellectual property

In shortYou own what you create. You give us the permission we need to show it on Tidepool and to promote Tidepool. We own Tidepool itself.

10.1 Your Content. You keep all ownership rights in your Content. You grant Tidepool a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt (for formatting and display only), display and distribute your Content, name, handle, likeness, show art and logos, solely to operate, improve and promote the Services, including showing you within a Current and in Tidepool marketing. This license ends when you delete the Content or close your account, except for copies in backups kept for a limited time, Content others already shared, and uses needed to comply with law.

10.2 Your responsibility. You confirm that you have all rights needed to post your Content and grant this license, and that your Content does not violate these Terms or anyone's rights.

10.3 Previews. Where a Creator posts audio or video through the Services, Tidepool may show a limited preview (for example, the first 60 seconds) as configured by the Creator.

10.4 Our property. Tidepool, the Services, our software, design and the names and logos Tidepool, Ripple, Current and related marks belong to Tidepool or its licensors. These Terms do not grant you any rights in them except the limited right to use the Services as these Terms allow.

10.5 Feedback. If you send us ideas or suggestions, we may use them freely and without any obligation to you.

10.6 Pages for creators not yet on Tidepool. Tidepool may create a page for a creator who has not yet joined, using publicly available information, so that Supporters can show interest. No money is collected for a creator who has not joined . A creator can claim their page after verification, or ask us to remove it at privacy@tidepool.fm.

11. Copyright complaints

In shortIf you believe something on Tidepool infringes your copyright, tell our designated agent.

We respond to notices of alleged copyright infringement under the US Digital Millennium Copyright Act. Send notices to our designated agent: Copyright Agent, TidepoolFM Inc., HaMazgher 1, Ra'anana, Israel, privacy@tidepool.fm. A notice must include: your signature; identification of the copyrighted work; identification of the material and where it appears on the Services; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the owner. We may remove material and will terminate the accounts of repeat infringers in appropriate circumstances. Users whose material is removed may send a counter-notice as the DMCA allows.

12. Third-party services

The Services link to and rely on third parties, including Stripe, podcast and video platforms, Apple and Google. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and their availability may affect ours.

13. Suspension and termination

In shortYou can leave anytime. We can suspend or close accounts that break the rules. Money Creators have legitimately earned is paid out.

13.1 By you. You may close your account at any time from your account settings or by emailing privacy@tidepool.fm. For Supporters, closing your account cancels your recurring support as described in Section 5.2.

13.2 By us. We may suspend or terminate your access to all or part of the Services if you breach these Terms, if we are required to by law or by our payment partners, if your account creates risk or possible legal exposure for Tidepool, Creators or Supporters, or if we stop offering the Services. Where reasonable and lawful, we will tell you why and give you a chance to respond.

13.3 What happens to money. If a Creator account ends, we will pay out the Creator's legitimately earned balance, minus any amounts subject to chargebacks, refunds, fraud or legal holds, after a review period of up to 90 days. Contributions associated with Ripples we exclude for manipulation may be reallocated or refunded at our discretion.

13.4 Survival. Sections that by their nature should survive termination survive, including Sections 4.7, 6.6, 10, 14, 15, 16, 17 and 19.

14. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, Tidepool disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free or secure, or that any Creator will receive any particular amount of support. Creators, not Tidepool, are responsible for their Content and for anything they offer to Supporters.

15. Limitation of liability

To the fullest extent permitted by law, Tidepool and its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to the Services or these Terms. Tidepool's total liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the total Platform Fees Tidepool received from you or on your contributions or payouts in the 12 months before the event giving rise to the claim, or (b) US $100.

Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or anything else that cannot be limited by law.

16. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Tidepool and its officers, directors, employees and agents from any third-party claims, losses and costs (including reasonable attorneys' fees) arising from your Content, your breach of these Terms, your violation of law or of anyone's rights, or, for Creators, anything you offer or promise to Supporters.

17. Dispute resolution, arbitration and class action waiver

In shortFirst, we try to solve it together for 60 days. If that fails, most disputes go to individual arbitration, with small-claims court available. No class actions. You can opt out within 30 days of agreeing.

17.1 Talk to us first. Before starting arbitration or a court case, you and Tidepool agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief you want to privacy@tidepool.fm (or, if we start, to the email on your account). We will both try in good faith to resolve it within 60 days. Time limits for bringing claims are paused during this period.

17.2 Agreement to arbitrate. If the dispute is not resolved, you and Tidepool agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved by final and binding individual arbitration, except as stated in Section 17.4. The arbitrator decides questions about the scope, enforceability and validity of this arbitration agreement, except that a court decides questions about Sections 17.5 and 17.6.

17.3 Rules and fees. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where they apply, its Mass Arbitration Supplementary Rules) in effect when the arbitration starts, available at www.adr.org. For consumers, Tidepool will pay all AAA filing, administration and arbitrator fees above the amount you would pay to file a claim in court, unless the arbitrator finds the claim frivolous. The arbitration will take place by video or phone, or in person in the county where you live, as you choose. The Federal Arbitration Act governs this Section.

17.4 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek an injunction in court to stop infringement or misuse of intellectual property.

17.5 Class action and jury trial waiver. You and Tidepool agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim. You and Tidepool waive any right to a jury trial.

17.6 If the class waiver fails. If a court finds Section 17.5 unenforceable as to a particular claim or remedy, that claim or remedy (and only that one) will be severed and decided in court after all individual arbitrable claims are resolved.

17.7 Many similar claims. If 25 or more similar Disputes are filed by or with the help of the same law firm or coordinated group, they will be administered in batches under the AAA Mass Arbitration Supplementary Rules, and both parties will cooperate in good faith on an efficient process.

17.8 30-day right to opt out. You may opt out of this arbitration agreement by emailing privacy@tidepool.fm from the email address on your account, within 30 days after you first agree to these Terms, with the subject line "Arbitration Opt-Out" and your name and handle. Opting out does not affect any other part of these Terms.

17.9 Changes to this Section. If we change this Section 17 after you have agreed to it, the change will not apply to any Dispute of which we had notice before the change. You may reject a material change by emailing privacy@tidepool.fm within 30 days of it taking effect, in which case the version you previously agreed to continues to apply.

17.10 Governing law and venue. These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-law rules. Any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and both parties consent to their jurisdiction.

17.11 Consumers outside the United States. If you live in the European Union, the United Kingdom, Israel or another country whose law gives you mandatory consumer protections, nothing in these Terms takes away those protections, including any right to bring proceedings in the courts where you live. To the extent required by that law, Sections 17.2 through 17.9 do not apply to you.

18. Changes to these Terms or the Services

We may update these Terms as Tidepool evolves. For material changes, we will notify you by email or in the Services at least 30 days before they take effect, except where a change is required sooner by law or addresses new functionality. Continuing to use the Services after a change takes effect means you accept it. If you do not agree, you may close your account before the change takes effect. We may change, add or remove features of the Services, and will give reasonable notice of changes that materially reduce what Creators or Supporters receive.

19. General

19.1 Electronic communications. You agree that we may provide agreements, notices and disclosures electronically, by email or in the Services, and that these satisfy any requirement that they be in writing.

19.2 Entire agreement. These Terms and the documents they reference are the entire agreement between you and Tidepool about the Services and replace any prior agreements on the same subject.

19.3 Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate, with notice to you.

19.4 Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect and the unenforceable part is modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver.

19.5 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of payment networks or hosting providers.

19.6 Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.

19.7 Export and sanctions. You will comply with applicable export control and sanctions laws.

20. Contact