§1 CONTRACTUAL PARTNER AND VALIDITY OF THESE TERMS AND CONDITIONS
(1) findervest GmbH, represented by the managing director Marco Voigt | Bleibtreustr. 38/39 | 10623 Berlin | Tel.: +49 (30) 403676170 | E-Mail: firstname.lastname@example.org (hereinafter referred to as „Findervest“) offers services via the internet page http://www.findervest.com as well as via further access possibilities via further platforms (iPhone Apps, Android Apps, etc.) for the mediation of contacts between investors of any kind and entrepreneurs or entrepreneurs, in particular start-ups.
(2) These General Terms and Conditions apply to all present and future contractual relationships that Findervest enters into with the user. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract even if Findervest becomes aware of them, unless Findervest expressly agrees to their validity at the time of conclusion of the contract. Findervest’s General Terms and Conditions shall apply even if Findervest unconditionally performs the service under conflicting General Terms and Conditions of the User. Findervest shall not recognise any conflicting or deviating terms and conditions of the User. Amendments, supplements and verbal agreements by the management or by declarations of other persons shall only become part of the contract if they are expressly confirmed by Findervest by a person authorised to represent it.
§2 SUBJECT MATTER OF THIS CONTRACT
(1) The object of this agreement is the provision of software by Findervest for the purpose of establishing contacts between investors of any kind and entrepreneurs or entrepreneurs, in particular start-ups, through which the user is given the opportunity and authorization to access a software application hosted on a Findervest server owned by the provider by means of telecommunications and to use the functionalities of the software application within the scope of this agreement. For this purpose, Findervest provides the user with the software product for use.
(2) If Findervest offers additional services to the user, Findervest shall offer these additional services exclusively subject to the special terms and conditions applicable to them.
(1) In order to use the services of Findervest, the user must create a user account. In order to use Findervest’s services, the user must provide Findervest with complete and truthful information. By sending the registration, the user makes an offer to conclude a user contract for the services offered by Findervest.
(2) The user can correct his entries at any time during registration by making the appropriate changes in the respective form fields. The registration is aborted by closing the app.
(3) Findervest reserves the right to reject the offer to conclude a user contract with the user.
§4 SERVICES FROM FINDERVEST
(1) Findervest undertakes to host the Contract Software on a server operated by it and to make it accessible and usable for the User via a URL or other application to be communicated to the User. This includes e.g.
a) Findervest shall display offers from the category Company/Start-Ups to investors and vice versa. If the respective user then „wipes“ to the right, he wishes to contact the other party represented. If this declaration is made by both parties, matching takes place and the users have the opportunity to contact each other afterwards.
b) In the event of matching, Findervest offers a contact option, also via a chat function, so that the users involved can discuss possible types of cooperation and investment via this function.
(2) Findervest undertakes to take all technical precautions necessary to ensure an availability of at least 98% on an annual average. If this level is not reached, each party has the right to terminate this contract for cause.
(3) Findervest undertakes to continuously monitor the functionality of the software and to eliminate any software errors immediately upon becoming aware of them. Nonetheless, the User is aware that software cannot be free of errors. However, an error shall be deemed to exist in particular if the software does not fulfil the functions specified in Findervest’s description of services, delivers incorrect results in arithmetic operations, uncontrollably interrupts operation or otherwise does not function properly, so that the use of the software is impossible or restricted.
(4) Findervest’s services are free of charge for the user, unless the user is informed of any costs incurred and concludes a corresponding additional contract.
(5) In order to make use of Findervest’s services, it is necessary for the user to provide personal information in his user account. Findervest will store all data confidentially and in accordance with the provisions of the Federal Data Protection Act and the Basic Data Protection Ordinance for the User and will use and use it exclusively for the provision of the services offered. By registering, the user declares his express consent to his personal data being passed on to a tax consultant for the purpose of arranging and providing the desired tax advisory service. The personal data provided by the user in his user account can be viewed, changed or deleted by the client at any time. The data protection regulations of Findervest apply in this respect.
§5 OBLIGATIONS OF THE USER
(1) The user undertakes to use the contract software only in person.
(2) The user is obliged to provide Findervest with truthful and complete information.
(3) The User undertakes to protect the rights of use and access as well as identification and authentication safeguards assigned to him or the Users against access by third parties and not to pass them on to unauthorised users. If the User’s password becomes known to a third party, the User is obligated to immediately set a new password for his user account or to inform Findervest that the User password is known to a third party.
(4) The user undertakes not to misuse the contract software or have it misused, in particular not to transmit information offers with illegal or immoral content or to draw attention to such information that serves to incite hatred, lead to criminal offences or glorify or trivialise violence, are sexually offensive or pornographic, are likely to seriously endanger the morals of children or adolescents or impair their well-being or could damage the reputation of Findervest;
(5) The user undertakes to refrain from any attempt by himself or by unauthorised third parties to access information or data without authorisation or to interfere or have such interfere done with software operated by Findervest or to penetrate data networks of Findervest without authorisation.
(6) The user shall indemnify Findervest against all claims by third parties that are based on the user’s unlawful use of the contract software or are approved by the user, or that arise in particular from data protection, copyright or other legal disputes associated with the use of the contract software. If the user recognizes or must recognize that such a violation is imminent, Findervest is obliged to be informed immediately.
(7) The user undertakes to back up the data transmitted to Findervest on a regular basis and in accordance with the risks involved, but at least once a day, and to make his own backup copies in order to ensure that the data and information are reconstructed in the event of loss.
(8) Before sending data and information, the user is obliged to check it for viruses and to use state-of-the-art virus protection programs.
9) Until the termination of the contract, the user undertakes to secure his data stocks available in the system by downloading them, as it cannot be ruled out that access to these data stocks by the user is no longer possible after termination of the contract.
§6 USER INFORMATION
(1) Findervest is not subject to any out-of-court complaint or redress procedure.
(2) The User may save the text of the Agreement by using the „Save as“ function of his browser to save the relevant Internet page on his computer. The print function of his browser also enables him to print out the text of the contract. Findervest saves the contract texts and makes them available to the user by e-mail upon request.
(3) Findervest’s offer is not subject to any particular code of conduct.
(4) This contract is available in German.
§7 REVOCATION INSTRUCTION
Right of withdrawal:
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must
Remaining stamps 38/39
Phone: +49 30 1208 3132
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our website at . If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation:
If you revoke this contract, we shall repay you all payments which we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total amount of Services provided in the Agreement.
– End of the cancellation instruction-
§8 RIGHT OF USE
(1) The User shall be granted the non-exclusive non-exclusive right of use, limited in time to the term of this Agreement, to access the Contract Software via telecommunications and to use the functionalities associated with the Contract Software in accordance with this Agreement by means of a browser or an application made available for download by Findervest. Any further rights, in particular to the Contract Software or the Operating Software, shall exclusively belong to Findervest.
(2) The user is not entitled to use the contract software beyond the use permitted under this contract or to have it used by third parties or to make the software accessible to third parties. In particular, the user shall not have the right to reproduce, sell and/or make available for a limited period, in particular not to rent or lend, the Contract Software in whole or in part.
(3) In the event of an unauthorized transfer of use, the User shall provide Findervest immediately upon request with all information required to assert claims against the third party.
(4) Insofar as Findervest provides the User with third-party software, i.e. software created by third parties, the rights of use granted to the User shall be limited in scope to the rights of use granted to Findervest for such software. At the User’s request, Findervest undertakes to disclose to the User the scope of the rights of use granted by the third party.
(1) Findervest’s liability is excluded to the extent permitted by law.
(2) Liability on the part of Findervest is excluded in particular for the use of evaluations prepared by Findervest in the context of tax returns. In particular, any warranty for the use or the results of the use of the service or data in the sense of correctness, completeness, accuracy, reliability by the provider is excluded.
(3) The user expressly agrees that Findervest shall not be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages, including lost profits, goodwill, use, data or other intangible losses, arising out of the use or inability to use the evaluation results or data or the procurement of substitute goods and/or services arising out of the non-usability of the evaluations or any defect contained therein, to the extent permitted by law.
(4) The above provisions shall not apply to any liability for breach of a material contractual obligation and to any liability for loss of life, physical injury or damage to health suffered by the User as a result of the use of Findervest’s services, nor shall they apply to any loss or damage resulting from a wilful or grossly negligent breach of duty by Findervest, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
§10 TERM OF CONTRACT AND NOTICE OF TERMINATION
(1) The contract between the user and Findervest is concluded for an indefinite period and can be terminated by the client at any time. Notice of termination must be given in writing (e.g. e-mail) to the address stated in the imprint. When the termination takes effect, Findervest will block the User’s account.
(2) The right to extraordinary termination without notice
remains unaffected. Findervest is entitled to terminate the
account without notice, in particular, if
a) the Client has provided Findervest with incomplete and untrue information,
(b) Findervest’s offer is misused by the Client and is not used in accordance with these provisions
§11 USE CONTRARY TO CONTRACT
Findervest shall be entitled to block access to the Contract Software and its data in the event of an unlawful breach by the User of any of the essential obligations set forth in this Agreement. Access shall only be restored when the breach of the material obligation in question has been permanently eliminated or the risk of recurrence has been ensured by submitting an appropriate cease-and-desist declaration to Findervest. Blocking the user account does not release the user from existing payment obligations.
§12 SOFTWARE UPDATE
(1) Findervest reserves the right to extend, reduce or modify the services and/or functionalities contained in the Contract Software or to make other further developments to the Contract Software. aIf the services and/or functionalities of the Contract Software are reduced, the User shall be entitled to an extraordinary right of termination of this Contract if the balance between service and consideration is more than insignificantly impaired and the parties are unable to agree any other provision for the continuation of this Contract.
(2) Adaptations, changes and additions to the contract software as well as measures which serve to determine and remedy malfunctions may only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons. Furthermore, Findervest undertakes not to carry out such measures during normal business hours.
§13 FORCE MAJEURE
(1) Findervest shall be released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after conclusion of the contract.
(2) Circumstances of force majeure include war, strikes, riots, expropriations, cardinal legal changes, storms, floods and other natural disasters as well as other circumstances for which Findervest is not responsible. In particular, water inrushes, power failures and interruptions or destruction of data-carrying lines.
(3) Each contracting party shall inform the other contracting party immediately and in text form of the occurrence of a case of force majeure.
§14 CONCLUDING PROVISIONS
(1) Supplements or amendments to this contract must be made in writing. This also applies to this written form clause.
(2) Place of performance and jurisdiction for all legal disputes arising out of or in connection with the contractual relationship, its creation and effectiveness, for services and payments as well as for all disputes arising between the parties, shall be the registered office of Findervest. In the case of end users, the place of performance and place of jurisdiction shall be the registered office of the user. If the private final consumer is not domiciled within the European Union, the place of jurisdiction shall be the registered office of Findervest. In dealings with final consumers within the European Union, the law of the final consumer’s place of residence may also be applicable, provided that it is a matter of mandatory consumer law provisions.
(3) For consumers and other persons with their usual place of business or residence in a member state of the European Union (EU) or the European Economic Area (EEA) at the time the contract is concluded, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers with a habitual residence in a country that is neither a member of the EU nor of the EEA, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as German consumer protection law. Irrespective of this choice of law, consumers shall always be subject to the mandatory consumer protection law of the country in which they have their habitual residence at the time the contract is concluded.
(4) If one or more of the clauses of this contract are ineffective or should become ineffective in the course of time, the effectiveness of the remaining contract remains unaffected. The ineffective clauses shall be replaced by the statutory provisions. The statutory provisions shall also apply in the event of a loophole.
(5) The contracting parties shall inform each other immediately of all circumstances which could be of significance for the execution of this contract.
(6) Any Internet connection costs (telecommunication costs) incurred shall be borne by the user himself.
(7) Findervest reserves the right to amend these General Terms and Conditions of Business if this appears necessary, e.g. due to a change in the legal situation, and the contractual partner is not disadvantaged by this contrary to good faith. Findervest will inform the User in writing or in text form of any changes to these General Terms and Conditions. In this case, the User may object to the amendment of the General Terms and Conditions within a reasonable period of time to be notified at that time. If the User does not object to the amendment of the General Terms and Conditions or does not do so in time, they shall become part of the contract concluded with the User after expiry of the reasonable period.
Status: June 2019