§ 1 General Information
(1) We grant the user the right to use our platform in accordance with the following additional provisions for the creation (hereinafter "start") of crowdfunding campaigns (hereinafter "campaigns").
§ 2 Personal requirements for the start of a campaign
(1) The start of a campaign is only possible for business operations within the meaning of § 14 BGB, and is not available to consumers (§ 13 BGB).
(2) If you violate Section 1 we are entitled to an extraordinary right of withdrawal or termination regarding any agreement with us. In this case we can decide whether to withdraw from all or only parts of any existing contracts.
§ 3 Content and legal requirements for campaigns, changes after campaign start
(1) The Starter is hereby informed that in the event of support by the users of the platform, a separate and independent contractual relationship (e.g. gift, purchase, work or service contract) will arise with them ("funding contract"). The Starter presents the project description and the campaign goal in terms of time and content, and sets the desired funding goal.
(2) The platform operator does not provide legal advice. Starters are therefore obliged to inform themselves about the legal requirements (e.g. revocation instructions, legal notice obligations) before starting the campaign. If starters do not have the necessary knowledge they are obliged to contact an attorney or tax consultant. This also applies if starters use examples of wording, samples or instructions from the FAQs of the platform or third parties.
(3) Starters are obliged to comply with all legal duties to provide information - in particular relating to contracts for distance selling and electronic legal relations. This also includes the provision of a legal notice in accordance with statutory requirements. During campaign setup the platform provides its own information and instruction fields for this purpose.
(4) The following applies to the processing of a campaign during the funding phase:
Any subsequent change to a promised recompense for support already provided always requires the consent of supporters. The request for consent to supporters is made by the Starter, together with information about the change. If a Supporter does not make a statement, the offer of support is automatically rejected by the Starter and the support is refunded or - e.g. credit card payments - not even collected.
(5) Any subsequent shortening or extension of the funding phase and/or an increase or reduction in the funding goal does not require approval.
(6) If a desired change according to the above paragraphs does not require the consent of supporters, they will merely be informed by the Starter about the planned change.
§ 4 No costs for the preparation of the project before its start
(1) The mere preparation of a campaign ("draft phase") via your user profile is free of charge for you as a Starter. Costs can only be incurred in accordance with § 5 when the campaign enters the funding phase. With regard to the costs and other services provided by Startnext Crowdfunding GmbH the individually agreed prices will apply.
§ 5 Costs after the start of a campaign
(1) The costs incurred at the start of a campaign are based on the price list valid at the start of the project.
(2) With regard to the costs and other services provided by Startnext Crowdfunding GmbH the individually agreed prices will apply.
(3) Any changes to the fees only apply to those campaigns that enter the funding phase after the respective announcement of the change on our website.
(4) As the Starter you are responsible for any taxes and other charges which may be incurred on the support amounts received or within the scope of the services to be provided by the Starter to the supporters.
§ 6 Conclusion of a contract for the start of the campaign and any additional services
(1) By completing the draft phase with a final click on "Change phase" to change to the starting phase, you make a binding offer to conclude a contract for the campaign start on our platform.
(2) As soon as the change to the funding phase has been applied for and successfully briefly reviewed (see § 8 Section 2) by an employee of Startnext for compliance with the Startnext guidelines, the Starter can activate the funding phase.
(3) Startnext reserves the right to reject a campaign without giving reasons and to block access to the funding phase, even if all conditions for the start of the campaign are met.
§ 7 Verification of the Starter
(1) Startnext commissions third parties to check the legitimacy of starters under money laundering legislation. These tasks are implemented by Startnext Crowdfunding GmbH as technical service provider to the payment service provider Secupay AG and Stripe Payments Europe Ltd.
(2) The exact procedure for the verification as well as the status of the verification can be viewed by starters within their campaign.
(3) Successful verification is a prerequisite for the payment of any support when the disbursement stage is reached.
§ 8 Procedure for projects (starting and funding phase)
(1) The "starting phase" precedes the funding phase. The campaign is publicly accessible but cannot yet be financed. During the starting phase, the starter can continue to process the campaign in full.
(2) We do not check the content and/or legality of the campaign description provided by the Starter. However, we reserve the right, without being obliged to do so, to randomly check campaign data before activation or at a later point in time and to temporarily block it in whole or in part to protect other users or the rights of third parties if this appears necessary due to content-related contradictions in the campaign description or suspicion of property rights infringements. In this case, we will notify the Starter, point out any problems and offer the Starter the opportunity to explain, remove or correct such content.
(3) We reserve the right to make the placement of campaigns dependent on additional requirements at any time.
(4) If there are problems or delays in the fulfillment of the contracts concluded with supporters, you are obliged to inform the supporters constantly and actively about this, as well as about the measures taken to solve the problem or accelerate the process.
§ 9 No changes after the end of the campaign
(1) For documentation reasons, campaigns cannot be deleted once they have been in the funding phase. Once a campaign has been completed, the campaign data can no longer be changed. It is only possible to post new blog entries. Unsuccessful campaigns can only be accessed by users, not by visitors.
(2) The deletion of the Starter's profile has no effect on the content of completed campaigns after the end of the project.
§ 10 Granting of rights by the Starter
(1) Our platform grows through constant linking, public relations work by us as well as by other users and partly also through targeted advertising. This is also in your interest and you have chosen us for this purpose.
(2) If we have to reproduce, distribute, make publicly available or otherwise exploit your content for the advertising of your campaign as well as the platform in general on our platform or websites of third parties, you grant us the rights of use necessary to achieve the purpose of the contract - namely to reach a larger group of addressees for all. As far as this is necessary for the implementation of the platform functions (e.g. on pages), this granting of rights also applies in favor of the respective page operators.
§ 11 Advance assignment with regard to existing payout claims
(1) The Starter hereby assigns his/her claims to disbursement against the payment provider to the level of any individual amounts owed to Startnext Crowdfunding GmbH and/or third parties by the Starter for services provided against an indicated fee (e.g. transaction fees and/or agreed commission) (§ 364 BGB).
(2) The payment service provider will pay the balance of the support sum to the Starter.
Version: November 2019