§ 1 General Information
(1) We, the company Startnext Crowdfunding GmbH, Grundstrasse 1, 01326 Dresden, Federal Republic of Germany (hereinafter also referred to as “We“, “Platform Operator“ or “Startnext“)
operate the Community Portal “Startnext“ through which natural persons and legal entities as well as bodies of persons with legal capacity are able to plan Projects, have them financed by third parties, support them themselves and present them to the public.
(2) The use of our platform is exclusively subject to these General Terms and Conditions of Use, unless otherwise provided for in contracts in individual cases. Deviating terms and conditions of use of Users are expressly excluded.
(3) If you act as entrepreneur (Section 14 of BGB [German Civil Code]), legal person under public law or special fund under public law, these General Terms and Conditions of Use will also apply to all future legal transactions on our platform, even if such are not expressly agreed upon again.
(4) The legal relations between Users and Starters are subject to the separate contracts to be concluded between them.
§ 2 Definitions
The following terms have the following meanings in these General Terms and Conditions of Use:
- “User“ means persons who access the Internet pages of our platform;
- “Participants“ means registered Users;
- “Starter“ means Participants who put a project on the platform and wish to find Supporters for such;
- “Supporters“ means Participants or Users who support individual or several projects;
- “Account“ means the user account of the Participant;
- “Open Area“ means all the pages of our platform which are freely accessible by all Users;
- “Closed Area“ means all the pages of our platform which are reserved to Participants only;
- “Project“ means the presented plan of Starter, including explanation of the planned activities with start and end date, the timeframe, costs and resources as well as one concrete target;
- “Pages“ means pages which can be set up for Starters on the platform and which show project lists according to a filter which is individually configurable;
- “Funding“ means the concrete amount in Euros which Supporter has allocated to a certain project;
- “Funding Threshold“ means the amount of money required by Starter to perform his Project which is also specified on the project pages;
- “Funding Target“ means the budget required by Starter for an optimal performance of the specified plan;
- “Maturity of Disbursement“ means the date on which
- A Funding Limit is achieved, if such was agreed; or
- The Funding Threshold is achieved until the end of the Financing Phase;
and Starter expressly accepts the Fundings.
Other prerequisites for the start of the Maturity of Disbursement for a certain Project can be agreed upon between Starter and Supporter in an individual agreement in the context of a concrete Project, such as e.g. the registration of a company in a register competent for it or the funding by a third party (e.g. film subsidy) or the obtainment of official authorisations.
- “Platform“ means this and – if Starter makes a relevant choice – other websites in the network of the technical service provider Finlane GmbH, Hüblerstraße 1, 01309 Dresden, Germany;
- “Financing Phase“ means the period in which Supporters can allocate their Fundings to the relevant Project. The Financing Phase can be shortened or extended at Starter’s request for individual cases. Precondition is that startnext is informed and that reasons are provided as justification. No obligation to release such change shall apply;
- “Funding Limit“ means a financing volume of the Project which can optionally be specified by Starter before the start of the Project and which is the financing volume of a Project which can be achieved as a maximum and which must be higher than the Funding Target. If any Funding Limit which was specified in advance is achieved, the Project will automatically be closed. No Fundings will be possible from that time.
§ 3 Our Services
(1) We provide the technical preconditions for using our platform, pursuant to the provisions below and in the scope described therein.
(2) We provide the Participant with an account and perform public relations work for the platform in general and – at our discretion – more specifically for the relevant Projects. Type and scope of the public relations work for our Platform and/or the Project are subject to our discretion.
(3) You will start your data communication with our Platform through an independent online access – for example, by using a web browser or a relevant App.
(4) Details regarding the process of registration and use of other services are described at appropriate locations on the Internet pages of our Platform. We are entitled to independently perform updates and expansions of our scope of services on our Platform, at any time, insofar as such are reasonable for Participants.
(5) We are entitled to have our services rendered by third parties.
(6) For as long as the use of our Platform is free of charge for you (e.g. registration or provision of information on crowdfunding offers) and if you are not the Starter of a Project in the Financing Phase, you have no claim against us for maintaining the service. We reserve the right to cancel the cost-free offer pursuant to sentence 1, at any time, without a notification in advance, where no termination shall be required pursuant to Art. 14.
§ 4 Registration as Participant, Conclusion of the Contract on the Use of the Platform
(1) Precondition for any use of the Closed Area (e.g. for project presentation, pin wall, self-portrayal, images and/or video upload) of our Platform (e.g. for selecting Projects, receiving more information or for setting up a Project) is a permanent registration. Registration for participants is for free. Please enter the required data in the Registration Form available in the Open Area of our website for registering. When you complete the registration process, you give us a binding offer for the conclusion of a contract on the use of the services of our Platform.
(2) After your data were successfully transmitted in the context of the registration, you will immediately receive a confirmation by email. This confirmation of receipt does not constitute a binding acceptance of your application for registration. It is rather a verification of your email address. We will only accept your offer regarding the account implicitly by releasing you as Participant for our website – unless we expressly declare the acceptance in an individual case. You are no longer bound by your offer for registration, if more than three work days have passed without an acceptance by us.
(3) With your support, we save - regardless of whether you have one account or not - your name and email address associated with each supported project. As long as you don't create an account, you get emails from our platform with a link to register. Making a registratin with your e-mail address with which you have already supported projects, you can see these previous fundings after activation of your account within your user profile.
(4) Only those persons are entitled to a right of use who are legally competent and those who act with the consent of their legal representatives. The minimum age is, however, 14 years in each case.
(5) If you already are a Participant, you cannot become a Participant again (exclusion of a “dual membership“).
(6) Even if you meet all prerequisites for an acceptance as Participant, we reserve the right to reject your registration without stating reasons.
(7) We point out expressly that each Funding you make will result in the conclusion of a separate contract with the relevant Starter and that an independent contract applies to such.
§ 5 Legal Right of Revocation
With regard to the conclusion of individual contracts on Fundings (e.g. depending on the type of the contract with regard to ordering or acquiring of the thank you notes) or investments, the Starter of the Project shall alone be responsible for informing about any rights of revocation, the legal prerequisites necessary for such and their exercise. Insofar, we are a third party, from a legal point of view.
§ 6 Contractual Relationships between Starters and Supporters, Conclusion of Contracts between Starters and Supporters, Thank You Notes
(1) During the initiation of the contract, Starter may promise to the Supporters so-called thank you notes for their Fundings (e.g. mentioning of name in the booklet of a CD, in the credits of a film or other services of Starter).
(2) With their Funding, Supporters make an offer to Starter for the conclusion of a contractual relationship which is independent from us (e.g. for Fundings without thank you note, purchase contract or service contract).
- As a Supporter, you will, at first, select a project for Funding on our platform and the desired thank you note, if any, and then you select the desired amount. Click on the “Support now“ button on the project page and an overview will be displayed in which you can check again whether the data entered by you are correct. In the latter case, you may select the payment method on this overview page.
- The amount selected before will be allocated to the project when you finally click on the “Support now with obligation to pay“ button. Starter will accept your offer either by an expressive statement or implicitly by retrieving the money after a successful completion of the Financing Phase, if the other prerequisites of the maturity for disbursement are met.
(3) Any type of agreements between Starter and Supporter within the meaning of paragraphs 1 and 2 are subject to the condition precedent that the maturity for disbursement has been achieved.
(4) In the event of a successful end of the Financing Phase, we will provide the involved persons with the necessary data to perform the agreements concluded between them. Supporter and Starter agree that data will be forwarded when they make a Funding or Start the Project.
§ 7 Selection of Payment Methods and Making Fundings on our Platform
(1) As Supporter, the payment methods described in more detail on our Internet pages in the context of the relevant Project are available to you for making your Funding. If the relevant Funding Threshold is not achieved within the Project’s Financing Phase, any payments already made to you will be reimbursed. You will see the sequence of the repayment in the payment overview.
(2) The relevant terms and conditions of business and the charges of the providers apply with regard to the payment methods made available. If the payment methods of immediate transfer and prepayment are used, Fundings will be paid directly to a account of Fidor Bank AG or secupay AG where Finlane GmbH will check the payments as to whether such were properly received. If Supporter selects PayPal, direct debit or credit card for payment, Supporter‘s payment will be transferred to the above mentioned account, when the funding treshold has been achieved.
§ 8 Achievement of Maturity for Disbursement, Payment of Funding Amount to Starter, Optional Funding Limit
(1) If the Funding Threshold is achieved before the expiry of the Financing Phase, Starter may achieve an excess financing if further Fundings are received. If Starter has determined a Funding Limit, the Project will end when the Funding Limit has been achieved, at the latest. The requirement for acceptance remains unaffected thereby.
(2) If at least the Funding Threshold is achieved during the Financing Phase and if any other conditions for reaching the maturity for disbursement (e.g. acceptance by Starter) are fulfilled, Starter will be given access to the amount of Funding, when the maturity for disbursement has been achieved. Depending on the type of the payment service provider it might happen that the total amount will be made available to Starter in partial payments and/or only after a waiting period.
§ 9 Your Ancillary Duties as User
(1) In order to ensure a proper performance of the use, you agree on the duties as to conduct set out below, where any non-compliance with those duties might result in disadvantages for you – in particular to a termination and the assertion of claims for damages on our part.
(2) You are obliged:
- To provide complete and truthful information during required registrations and other inquiries necessary to achieve the purpose of the contract (e.g. in the context of Starting a Project or of Funding);
- To omit any second registration;
- To immediately correct any data in the administration feature provided for that purpose if any of the requested data are subsequently subject to change;
- To ensure that your user name as well as the associated password are not made accessible to third parties;
- To prohibit any use of our services by third parties under your own account;
- To not use any automated pre-setting functions for the password;
- To inform us immediately under daten (at) startnext.com, if the password or the account were misused or if indications are found regarding a pending misuse.
(3) As a User, you must not act in an unlawful, immoral manner or in violation of applicable laws and third party rights. That includes the following duties:
- You will ensure that the data which you upload to the network / Internet do not infringe any legal provisions on the protection of young people, the general right of personality or the right of persons to their own likeness as well as property rights, such as trade mark rights, company rights and copy rights of third parties. Therefore, before entering any text and before uploading files, you need to check whether you are entitled to the necessary rights to do so (e.g. to a text, photograph, image, graphics, video, piece of music, sample). For photographs and videos you need to check, in addition, whether the required consent has been obtained from the persons shown therein.
- You shall not upload data with immoral, discriminating, racist, extreme right-wing contents or with contents that might hurt religious feelings.
- You will, on your part, comply with the legal provisions as to data protection and data security.
(4) If you infringe one of your incidental duties arising from paragraphs 2 and/or 3, we shall be entitled, at our choice, to temporarily block and/or delete affected contents with immediate effect and/or to exclude you, temporarily or permanently, from the offer and/or to declare our termination without notice. The same shall apply, if we are informed by third parties that you would infringe the duties contained in paragraph 3, unless the allegations of the third party are obviously incorrect.
(5) The contents contained within our Platform are subject to copyright protection. You are, therefore, not allowed to copy, edit and/or process the contents beyond the use as permitted by us or by any other owner of the rights for each individual case.
(6) If you infringe the duties above, you need to reimburse the damage resulting therefrom to us or release us of third party claims, unless you are not responsible for the infringement of the duty.
§ 10 Copyrights and other Property Rights with regard to User-Generated Contents within our Platform
(1) In the event that you enter contents in our page through your account, to which you hold the copyrights and other property rights, we are entitled to those acts of exploitation which comply with the purpose of the individual services of the portal, for the term in which we render our services.
(2) In line with the purpose of our platform to provide an increasingly growing collection of information, your postings on pin walls, on the pages of the public area as well as on the pages of the Closed Area cannot be deleted even after the cancellation of your membership, apart from those on the project pages of the Starter. You irrevocably transfer all necessary rights to this information, even beyond the duration of your registration as Participant.
(3) The data contained in the Startnext internet offer is subject to copyright protection. The user is therefore not allowed to copy, edit and/or distribute this data beyond any use granted by the holder of the copyright in the individual case. This shall apply in particular also to the rights of Startnext as database vendor according to articles 87c et seqq. of the German Copyright Act. The repeated and systematic reproduction, distribution or public presentation of contents of our website conflicts with a normal analysis of our database and prejudices the legitimate interests of Startnext.
§ 11 Confidentiality and Data Protection
We will store and process your data exclusively for the purposes arising from the registration and in doing so will observe the applicable legal provisions of data protection (see also our Data Privacy Statement).
§ 12 Liability Clause
(1) We will pay damages or reimburse lost expenses regardless of the legal reason (e.g. for contractual or similar obligations, infringement of duties or tort) only to the extent set out below:
- Any liability for intent or under a guarantee shall remain unrestricted.
- In the event of gross or simple negligence, we shall be liable toward entrepreneurs (Section 14 of BGB) in the amount of the typical damage which is foreseeable upon conclusion of the contract, unless such a material duty was breached which only enables the proper performance of the purpose of the contract and on the compliance with which entrepreneur can thus regularly rely (so-called cardinal obligations).
- If we are in default of our service, we will also be liable for loss by accidental, unless the damage would also have occurred if the service had been rendered in due time.
- In all other respects, any liability on our part for simple or slight negligence shall be excluded.
(2) We reserve the objection of contributory fault. You are obliged to back up your data according to the state of the art.
(3) Insofar as our liability is excluded or limited, that shall also apply to the personal liability of our employees, representatives and vicarious agents.
(4) The paragraphs of Art. 12 (Liability) above shall not apply in the event of an injury of life, body, health or to claims arising under the product liability act.
§ 13 Deletion of the Account by the Participant
You may delete your account, at any time, and without stating reasons. That shall not apply, insofar as you are the Starter and your Project is in the Financing Phase, plus any times which are necessary for handling the Project after its end.
§ 14 Term of the Contract and Termination
(1) The contract on the use of our platform will be concluded for an indefinite period of time. Either party may terminate it with a notice period of one month to the end of the calendar month. If, in an individual case – for instance if additional services are booked – a longer notice period was agreed, this period shall apply with regard to the additional services.
(2) If a Project is in the Financing Phase, the notice period of one month for ordinary terminations on the part of Starter will be extended by the duration of the Financing Phase, plus any periods necessary for handling the Project, on which we have, however, no influence.
(3) The right of termination for an important reason shall remain unaffected.
(4) Terminations shall be made in text form.
§ 15 Amendments of our General Terms and Conditions of Use
(1) We are entitled to amend the contents of these General Terms and Conditions of Use.
(2) In that case, we will inform the Participant about the proposal for amendment by stating the reasons and the concrete scope, in writing (e.g. by email). Amendments shall be deemed to be approved if Participant fails to object to them at least in text form. We will specifically inform Participant about this consequence in the notification letter. We must receive the objection at least within six weeks after receipt of the notification. If Participant exercises their right to object, the proposal for amendment shall be deemed to be rejected. The contract will then be continued without the proposed amendments, but might be terminated by either part, without notice, at any time.
§ 16 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory rules of the State in which the participant has his habitual residence, remain unaffected.
(2) Place of fulfilment and place of jurisdiction for all disputes arising from this contract shall be Dresden, Germany, for contracts with merchants, legal persons under public law or special funds under public law. Any other place of jurisdiction shall apply to actions or applications on our part.
Version: February 2015