(1) We, the company Startnext Crowdfunding GmbH represented by our managing directors Denis Bartelt, Hüblerstraße 1, 01309 Dresden (hereinafter also referred to as “We” or “Startnext”) provide the technical requirements using the web sites startnext.com for so-called crowd investing starters on Startnext (hereinafter also referred to as “Starter”) to organise a crowd investment campaign providing information for individuals, legal entities and partnerships on opportunities to invest and possibly enabling them to make a binding application by entering a separate agreement.
(2) The technical use of the websites of startnext.com is subject to the present general terms and conditions exclusively unless provided otherwise in a contract in individual cases. We hereby expressly object to deviating general terms and conditions of the Users.
(3) If you are acting as an entrepreneur (art. 14 BGB [German Civil Code]), body corporate organised under public law or entity incorporated under public law, the present general terms and conditions shall also apply to all future legal transactions on startnext.com even if not agreed expressly once more.
(4) Regarding your application for purchase of profit-sharing rights or shares in such rights, the agreements to be concluded separately shall apply in addition, e.g. a rental agreement or accession agreement and the trust agreement.
Pursuant to these general terms and conditions, the following terms shall have the following meaning:
(1) Subject to the following provisions, We provide the technical requirements for use of the crowd investment web sites both by the User and the Starter for the duration of the crowd investment campaign. Regarding the investment itself, only the Starter and the Trustee identified in the respective trust agreement shall be deemed parties hereunder.
(2) You communicate data to our website by online access.
(4) Details regarding the procedure of the investment are described at the appropriate places on our websites respectively.
(5) We are entitled to have our services be carried out by third parties.
(1) By selecting the number of shares and printing, signing and sending the agreements to the Trustee, you are submitting a binding offer for a profit share in the Starter.
(2) If the agreement was successfully sent to the Trustee by mail, you will receive a confirmation by e-mail. Such confirmation of receipt by the Trustee shall not constitute a binding acceptance of your request for accession but is solely intended for your information about the receipt. Regarding acceptance of your investment on the Starter’s part, paragraph 4 shall continue to apply.
(3) By confirming acknowledgement of the trust agreement and the final step “Invest now liable to payment” you also submit an offer to enter a trust agreement with the Trustee. Successful transmission of your data is confirmed immediately by e-mail. This confirmation of receipt shall not constitute binding acceptance of the trust but provides you with the opportunity to check your data and confirm them if necessary. The confirmation of receipt shall only constitute a declaration of acceptance if expressly stated by the Trustee. However, conclusion of an agreement and with it contractual binding effect for the individual services is achieved if the Trustee accepts your offer for entering the trust agreement expressly or as implied by its behaviour, notably by activating the participant for the services of Startnext. The User shall be bound by their offer for 3 days.
(4) The Starter shall reserve the right to reject the investment within 1 week as of its transmission by the Trustee and receipt by the Starter without giving reason even if all requirements are present on your part. In such event, your deposit shall be repaid immediately upon rejection of the application for accession, in consideration of the conditions of the means of payment chosen by you.
(1) To ensure a proper course of the use you are subject to the following behavioural obligations; in the event of non-compliance you are subject to penalties, including but not limited to termination and assertion of claims for damages by us.
(2) You are obliged:
(3) As a User, you may not abuse legal rights, act immorally or violate existing laws or third-party rights. This includes the following obligations:
(4) If you breach one of your secondary obligations according to the paragraphs 2 and/or 3 hereunder, We are entitled to temporarily block and/or to delete affected contents and/or to suspend you from the offered services temporarily or permanently and/or to terminate the agreement without notice at our option. The same applies if We are informed by third parties that you have breached the obligations contained in paragraph 3 unless the claim of the third party is obviously false.
(5) If you breach the above obligations, you must reimburse to us any damage arising through it, unless you may not be held responsible for the breach of obligation.
(1) In the event that you populate startnext.com with content yourself to which you have copyrights or rights of usage, We are entitled to any utilisation measures in line with the purpose of individual services within the scope of startnext.com for the duration of the service provision.
(2) In line with the purpose to provide a collection of information on the project available past the financing stage, your comments and entries on bulletin boards can be made accessible to the public on the site also after the financing stage has been completed. You shall irrevocably transfer to us all required rights to this information also past the duration of the financing stage.
We will store and process your data exclusively for the purposes arising hereunder in compliance with applicable legal provisions for data protection (please also refer to our data privacy statement).
(1) We will only pay compensation for damages or wasted expenditure irrespective of the legal basis (e.g. incurred by contractual and quasi-contractual obligations, breach of obligations or tortuous acts) to the following extent:
(2) We reserve the right of objection due to contributory negligence. You are obliged to back up the data according to the current state of the art.
(3) If our liability is excluded or limited, this shall also apply to personal liability of our employees, representatives and vicarious agents.
(4) The above paragraphs of art. 8 (liability) shall not apply in the event of injury to life, limb and health and claims arising from the German Product Liability Act.
(1) German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) Place of performance and place of jurisdiction for all disputes arising hereunder shall be Berlin, Germany, for agreements with business people, bodies corporate organised under public law or entities incorporated under public law. In the event of actions or claims by us, any other place of jurisdiction shall also apply.
Version: March 2013