Terms of Service

Last updated: January 18, 2024

Hello kid,
if you are under 18 years old, you are not permitted to use our Services all-alone. Having reached this page means you are a responsible kid so ask your parent or guardian to sit next to you and explain to you what Certifunny is all about.

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Introduction

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. The latest version of it will always be here: https://about.certifunny.com/legal/privacy.

What is Certifunny

Certifunny stands for “Certify” and “Funny” and as its name denotes, it is a service that produces several kinds of certificates for fun. The certificates are issued by the user either to himself or for another user. In the first case, the assignor is Certifunny’s CEO and in the second case the assignor is the user himself. The name of the assignor is written in calligraphy-like font in the lower right part of the certificate generated.

The motto of Certifunny is: “Certificates Unleashed”. This motto reveals the philosophy of our Services as it sarcastically denotes that it is enough for someone to say something for us to certify it, which is not the case in the real world. Without us being able to verify the truthfulness of the declarations of the users, Certifunny certificates are destined for personal use and cannot be used for commercial or business purposes.

Certificate categories

There are four certificate categories: SELF, PEER, FRIENDS and MEDIA. All certificates are signed by the name of the assignor written in a calligraphy-like font. These types are described below:

1. The "SELF" certificate

This is the certificate that a person grants to themselves (assignee) and is signed by Certifunny CEO (assignor).

It is designated by the word "SELF" written in capital letters in its badge and one olive symbolizing a person certifying himself.

2. The "PEER" certificate

This is the certificate that a person (assignor) grants to another person (assignee) and is signed by the assignor.

It is designated by the word "PEER" written in capital letters in its badge and two olives symbolizing two persons certifying one another.

3. The "FRIENDS" certificate

This is the certificate that is granted to a person (assignee) via a voting process the same person initiated. The poll is shared via a link and whoever authenticated user has access to this link can vote. It is signed by Certifunny CEO (assignor).

It is designated by the word "FRIENDS" written in capital letters in its badge and three olives symbolizing that many people contributed to the generation of this certificate.

4. The "MEDIA" certificate

This is the certificate that is granted to a person (assignee) via a voting process based on media (photo or video) the person uploaded. It is signed by Certifunny CEO.

It is designated by the word "MEDIA" written in capital letters in its badge and three camera lens icons symbolizing that many people contributed to the generation of this certificate.

Types of certificates in terms of scarcity

There are two types of certificates in terms of scarcity: Unlimited and Limited.

Unlimited means an infinite number of certificates can be generated.
Limited means a finite number of certificates can be generated (e.g. 100).
In case of Limited, one of them will be randomnly marked as Unique.

SELF, PEER and FRIENDS certificates can be either Unlimited or Limited.
MEDIA certificates are Unlimited.

Types of certificates in terms of cost

There are two types of certificates in terms of cost: Free and Paid.

SELF, PEER and FRIENDS certificates can be either free or paid.
MEDIA certificates are free.

Badge types

There are three badge types: Green, Light Blue, and Gold.

The "Green" badge

The "Light Blue" badge

The "Gold" badge

Certificate URL

Upon the generation of a certificate, a unique URL ("Uniform Resource Locator") is also created (e.g. https://certifunny.com/certificate/W9mQZyA9W) containing a code that is hard to guess. This URL is linked to the certificate meaning that the one who follows this link may see the online representation of the certificate.

Certificate QR code

For preventing improper use of Certifunny certificates each image generated is marked with a Quick Response Code (aka QR-code) in its lower left corner which is a two-dimensional barcode containing the certificate URL. If for any reason a user doubts about the validity of a certificate, they may scan this QR code, follow the URL and check that its online representation is aligned to the one they are presented to.

Certificate Artmark

In every Certificate there is a watermark depicting something relevant to the title of the certificate. That's what we call "Artmark". Usually it is a cartoon character, either male, or female or a non-gender fictional character. This artmark may vary depending on the gender and age of the assignee.

Account eligibility and responsibilities

Who can use Certifunny?

Any person over the age of 18 may use our Services. If you are under 18, you may use the Certifunny Services only under supervision of a parent or guardian. Certifunny does produce certificates for children which should be obtained under the supervision of an adult, either for free or with a credit card or other permitted payment method.

Do I have to create a Certifunny account?

Some of our certificates can be obtained by any user as visitor but you may need your own Certifunny account to have access to certain certificates e.g. certificates for adults.

Who can create a Certifunny account?

You are not authorized to create an account or unless all the following are true and by using our Services you represent and warrant that:

• You are at least 18 years old
• You do not have an account on our Services
• You have not previously been removed from our Services unless you have our express written permission to create a new account

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our services without warning.

Can I publicly share a Certifunny certificate?

You are not allowed to share a Certifunny certificate (either the image, the URL or the QR-code of it) unless you are the assignee (the one this certificate is presented to). This means you can share:

• A "SELF" certificate you generated for yourself
• A "PEER" certificate you received
• A "FRIENDS" certificate other users assigned to you
• A "MEDIA" certificate other users assigned to you

In case you are the assignor (the one who signs the certificate) you are only allowed to share the certificate with the assignee and you should respect the assignee's right either to keep this certificate private or share it at their own discretion.

When producing certificates for others, you agree to:

• Grant certificates only for fun or for evoking positive feelings to others e.g. make them feel happy, proud, unique, etc.
• Sign the certificates you produce with your real name
• When voting for a FRIENDS certificate or MEDIA certificate, you do so truthfully and having in mind that your answer may affect the feelings of the certificate receiver. If you are hesitant to vote, please do not vote.

When producing certificates for others, you agree that you will not:

• Grant certificates intending to hurt the feelings of others or present them in a way that does.

When participating to a Challenge (Media Certificate):

• You are only allowed to participate with media URLs from social media accounts that belong to you
• You are only allowed to participate with content you genuinely generated yourself
• You grant us permission to share/promote/advertise your media in our Social Media anytime without notice and also grant us the right to tag your respective social media account
• You grant us permission to comment via our Social Media account to your respective post
• You grant us permission to try communicate with you anytime through your social media account via our social media accounts, or straight to your email via our emails, if needed
• You are not allowed to promote products, services, schemes or offers, or use deceptive/misleading practices of any kind
• You accept that your participation may be permanently suspended, either manually by our admins or automatically by our algorithms, without prior notice
• You accept that the Media certificate you have been granted may be premanently suspended in case of participation suspension, without prior notice
• You accept that your account may be restricted or suspended, either temporarily or permanently, if you violate these Terms of Service and our Community Standards
• You should not put your life and your safety, or the life and the safety of others in danger
• You understand that whatever you do you do it at your own risk and that you are the only responsible for your actions and their consequences

Powering a certificate

Certifunny gives you the option to power a certificate - we do that with the certificates that we believe they bring great value to the community and especially with our diamonds.

When you power a certificate a link is created and a QR code is generated for free for you to share. Those who have the link or QR can get certified with your name or logo printed on their certificate.

When you do so you agree that:

• You will not express any request to other users, let alone financial
• You will not express any request to us
• You will not receive any reward from us
• You will not know you who used your link. You will only know the total number of certificates generated.

When you do so, we...

• make it clear to those who receive your link that you have no financial benefit from it
• have the right to revoke all powers or just only yours for any reason. In this case the link and QR code will still work but just leading to our website.

We actively track the powering of our certificates and we do value those who help us spread the word.

When using our Services, you agree to:

• Comply with these Terms, and check this page from time to time to ensure you are aware of any changes
• Meet our Community Standards
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
• Use the latest version of the Website and/or App
• Be respectful when communicating with any of our customer care representatives or other employees
• Maintain a strong password and take reasonable measures to protect the security of your login information
• Present yourself respectfully and authentically when updating your profile and when communicating with other users

When using our Services, you agree that you will not:

• Misrepresent your identity and age
• Use the Services in a way that damages the Services or prevents their use by other users
• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks
• Use our Services for any harmful, illegal, or nefarious purpose
• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person via our Services
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation
• Use another user’s account
• Use our Services in relation to fraud
• Disclose private or proprietary information that you do not have the right to disclose
• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Certifunny’ s prior written consent
• Express or imply that any statements you make are endorsed by Certifunny
• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents
• Upload viruses or other malicious code or otherwise compromise the security of our Services
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services
• “Frame” or “mirror” any part of our Services without Certifunny’ s prior written authorization
• Use meta tags or code or other devices containing any reference to Certifunny or the platform (or any trademark, trade name, service mark, logo or slogan of Certifunny) to direct any person to any other website for any purpose
• Modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so
• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent
• Use, access, or publish the Certifunny application programming interface without our written consent
• Probe, scan or test the vulnerability of our Services or any system or network
• Encourage, promote, or agree to engage in any activity that violates these Terms
• Create a new account after we suspend or terminate your account, unless you receive our written permission

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in case that you do any of the above.

Using the Services

Your account

If you create a Certifunny account, you are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

If you have added your phone number to your account and you later change or deactivate that phone number, you must update your account information to prevent us from communicating with anyone who acquires your old number.

Your license to use the Services

Certifunny gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Certifunny, in the manner permitted by these Terms.

Nothing in the Terms gives you a right to use the Certifunny name or any of the Certifunny trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services are and will remain the exclusive property of Certifunny and its licensors. Any feedback, comments, or suggestions you may provide regarding Certifunny or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Ending these Terms

You may at any time deactivate your account or discontinue your use of the Services.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:

• you have violated these Terms
• you create risk or possible legal exposure for us
• your account should be removed due to unlawful conduct
• your account should be removed due to prolonged inactivity
• our provision of the Services to you is no longer commercially viable

We will make reasonable efforts to notify you using the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall cease to apply, including, without limitation, your license to use the Services.

Refunds

Due to the nature of "humour" and the different ways a joke may be perceived, our certificates are delivered with a 0% satisfaction guarantee. As a result, our paid certificates are non-refundable.

Bear in mind that prior to generating a Certifunny certificate you don't know either the title or the artistic watermark of it.

What if the certificate is not what I expected?

Sometimes Certifunny may tease the user via the certificate title produced or the picture on it. The main purpose we do this is for fun or for transmitting a positive message. Being fun is not always easy or perceived in the same manner by all. Please do believe in our good faith as we believe in yours but in case you feel unhappy with the result, please do contact our Community Care Team.

Service limitations and modifications

We use reasonable efforts to keep our Services operational and to provide you with a personalized, immersive experience. However, our service offerings and their availability may change from time to time, without liability to you, for example:

Our Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

We aim to evolve and improve Certifunny Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Certifunny Service (including particular functions, features, subscription plans, and promotional offerings);

Certifunny has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

Updating our Terms

We work constantly to improve our services and develop new features to make our Services better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.

We will use commercially reasonable efforts to notify all users of any material changes to these Terms for giving you an opportunity to review them before they go into effect, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. Once any updated Terms are in effect, you will be bound by them if you continue to use our Services.

We hope that you will continue using our Services, but if you do not agree to our updated Terms and no longer want to be a part of the Certifunny community, you can delete your account at any time.

Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

Further, all legal right, title, interest and intellectual property in the platform and the Services, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist), belong solely with Certifunny, and nothing in these terms gives you the right to use any of Certifunny’ s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner whatsoever without our express and prior written consent.

Indemnity

You agree to defend, indemnify, and hold harmless Certifunny, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms

Disclaimer

CERTIFUNNY PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CERTIFUNNY DOES NOT REPRESENT OR WARRANT THAT

• OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE
• ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED
• THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES.

CERTIFUNNY ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES CERTIFUNNY ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH CERTIFUNNY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. CERTIFUNNY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

Limitation of liability

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

Dispute Resolution

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know upfront that we favor negotiation in good faith. If our dispute between you and us cannot still be resolved, it is useful to know where it can be resolved and what laws will apply.

Negotiating in good faith

Certifunny values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). If you are dissatisfied with our Services for any reason, before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Certifunny L.P., 10683, Athens, Greece. If Certifunny has a Dispute with you, Certifunny agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all the following information:

1. your full name
2. information that enables Certifunny to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any
3. a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any).

You must personally sign this Notice for it to be effective. Certifunny’ s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Certifunny agree to then negotiate in good faith to resolve the Dispute. As part of these good faith negotiations, if Certifunny requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss Certifunny’ s Dispute with you, Certifunny agrees to have one representative participate. This informal process should lead to a resolution of the Dispute.

However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution period, you or Certifunny may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Certifunny engage in this informal dispute resolution process. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

Formally pursuing a Dispute

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute you have against us that arises out of or relates to these Terms or the Certifunny Services ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in Greece and that Greek law will govern these Terms and any claim, without regard to conflict of law provisions.

General

• These Terms make up the entire agreement between you and Certifunny L.P., Athens, Greece, Registration Number of Hellenic Business Registry (Γ.Ε.Μ.Η) 169633603000 regarding your use of Certifunny Services. They supersede any prior agreements. If you have any questions about these Terms please contact us via our Community Care Team.
• If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
• You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
• We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.