General
These Terms of Use describe the user relationship between you and Invesdor INV AG, which enables you to use the services offered by Invesdor or third parties (“Services”) on the Invesdor website (“Website”). These Terms of Use also specify the Services offered on the Website that are accessible under the domains www.invesdor.com, www.invesdor.fi, www.invesdor.at, www.invesdor.nl and www.invesdor.de. Permission to use the Services is given based on your agreement to these Terms of Use.
Service provider
Invesdor INV AG
c/o Mindspace Germany GmbH
Uhlandstraße 32
10719 Berlin
Registered at the Berlin-Charlottenburg Local Court under HRB 165539 B
Represented by the Board Members: Christopher Grätz
When we refer to "Invesdor", "we", "us" and "our", it means the Invesdor Group consisting of multiple companies which are operating under the Invesdor brand and are brokering different financial instruments. The Invesdor Group consists of Invesdor INV AG, Invesdor GE GmbH and Invesdor Brokerage GmbH each with registered offices in Berlin, Invesdor GmbH with registered offices in Vienna, Oneplanetcrowd International B.V. and the One Planet Crowd B.V. each with offices in Amsterdam and Invesdor Oy and Invesdor Services Oy each with registered offices in Helsinki.
Scope of application
The Website enables access to the Services specified in section 8 (“Services”) of these Terms of Use. Access to these Services requires a prior registration as specified in section 6. Moreover, registered users (“Registered Users”) who have created a user account (“User Account”) as specified in section 7, get access to different regulated brokerage services (“Brokerage Services”) offered by companies of the Invesdor Group. The Brokerage Services are available to companies ("Companies") as well as private and institutional investors ("Investors"). These Brokerage Services are not subject to these Terms of Use.
On the Website, Investors and Companies (collectively referred to as "Users") can manage the Services they use and external parties such as tax advisors and corporate finance advisors can search for financing and investment solutions for their clients.
Adressees of the Services
These Terms of Use apply to the use of the Website by Companies seeking financing as well as to Investors when searching for investment opportunities and when using the Services. When using the Brokerage Services, the applicable Terms and Conditions such as Investing Terms and Conditions, Issue Terms and Conditions, and/or other relevant investment round-specific contractual documents shall apply in addition to these Terms of Use.
User relationship
Website visitors are free to decide whether they want to use the Services offered. It is possible to use the Website free of charge and without registration if no Services are used.
Insofar as certain functionalities, such as commenting in the Invesdor blog or using the chat function, are also possible without registration, these Terms of Use apply to the use of these functionalities.
Registration, as described in section 6, establishes a user relationship between the User and Invesdor INV AG and these Terms of Use apply.
Registration
The use of the full range of services of the website and the brokerage services requires a prior registration from the users.
Invesdor INV AG collects the User’s data in the first step during the registration process. By clicking on the submit button, the data is transmitted to Invesdor INV AG. Subsequently, Users will receive a verification email to the email address they have provided. By clicking on the activation link on the email, the registration process is completed after setting up a password.
Users must fulfil the following requirements to be able to register:
- Age of majority, at least 18 years of age
- Unrestricted legal capacity
- Acting under one's own name and in one's own economic interest and not at the instigation of a third party or acting as an authorised representative of a legal person/partnership and on request with disclosure of the beneficial owner(s) within the meaning of the regulations on the prevention of money laundering and terrorist financing
The registration of legal entities may only be carried out by persons authorised to represent them.
For a successful registration, at least the following information must be provided:
- First name
- Last name
- Date of birth
- Email address
- Password
- Residence (country)
- Tax residency
- Company name (after password entry and confirmation of email address; only necessary for registration of legal entities)
Invesdor INV AG has the right to refuse a registration in individual cases.
User account
The use of the Brokerage Services offered is only possible if Registered Users create a User Account. The creation of a User Account requires additional data from the User, and this data needs to be provided completely and correctly. This additional data can be supplemented at any time after registration, but at the latest during the use of any Brokerage Service.
An email address and a password are required to set up a User Account. Users are obliged to keep the password in secret. The functions of the User Account may only be used by the Registered Users themselves. If Users discover misuse of their account, they must notify Invesdor INV AG immediately.
The information provided in the User Account is not based on an individual examination of the personal circumstances of the User. Furthermore, it is a non-advisory service that expressly does not constitute investment advice by Invesdor INV AG or any other company of the Invesdor Group.
As soon as information or documents are made available or retrievable in the User Account or elsewhere on the Website, Users can view, download and print the documents online.
Users must ensure that each session is closed by logging out.
Users, who are consumers, as well as representatives of legal entities have the possibility to prove their identity to Invesdor (“Authentication”). The Authentication process of the Users is carried out by external service providers. After the Authentication process has been carried out by external service providers, the data collected during the process is transferred to Invesdor.
Services
After successful registration and creation of a User Account, Invesdor INV AG offers Users the following services free of charge:
- Login
- Managing of personal data
- Password management
- Viewing documents in the "My Documents" section
- Storage of all contract documents in the "My Documents" section
- Management of newsletters
- Portfolio overview of all investments made
- Accessing data on current investment holdings (Owners Portal)
- Possibility of using Brokerage Services offered
- Accessing notifications on financing rounds e.g. regular reportings
- Technical support (e.g. via email, telephone or chat)
Confidentiality and data protection
Users must provide the complete and correct data required for registration and/or creation of a User Account and update this data in the event of changes. Invesdor INV AG reserves the right to make the admission of individual Users dependent on suitable proof of identity.
The collection, use and processing of Users' data is carried out exclusively within the scope of Invesdor’s Privacy Policy.
Companies performing a financing round on the Invesdor Website or the respective brokerage platforms regularly provide Registered Users and Investors with sensitive company-related data and information. Users and Investors are obliged to maintain this data and information confidential. Users and Investors are not permitted to pass on the data and information made available to them to third parties, to reproduce it or to publish it in any way.
Content generated by Users
Within the user account, Users have the option of storing various personal and company-related data in the system.
The personal data which can be entered includes, but may not be limited to:
Title, last name, first name, date of birth, nationality, politically exposed person status, address, telephone number, email address, education, financial knowledge, type of employment, tax residency, tax identification number and account data.
The following company-related data can be entered:
Basic information on the company, sector name, economic sector, head office, number of employees, year of foundation, company phase, brief description of the company, financial situation of the company, financing period, purpose of financing, information on the financing project, company name, address, legal form, tax residency, homepage, telephone number, email address, information on the commercial register/company register, legal representatives of the company, beneficial owners of the company, tax information of the legal representatives, tax information of the beneficial owners, FATCA, liquidity reserve of the company, information on the company turnover and business result, balance sheet total and total liabilities.
Furthermore, within the scope of the respective financing round, further information on the respective company and its business activities can be displayed on the respective brokerage platforms in coordination with the company.
The personal and company-related data is used exclusively to enable the use of the Services offered on the Website. More detailed information on the use and processing of personal data can be found in Invesdor’s Privacy Policy.
In addition, Users and non-registered Website visitors have the opportunity to publish their own comments in the Invesdor blog on the Website. Commentors must provide their email address and name. The email address will not be published.
Users and non-registered Website visitors who post content must observe and respect the applicable laws and the rights of third parties. In particular, insulting and personality-injurious content, anti-constitutional statements or symbols, racist depictions, incitement to commit criminal offences, sexist and other discriminatory depictions, content that violates the property rights of third parties (e.g. copyrights or trademark rights), pornographic content, content glorifying violence and exaggerated and unobjective criticism as well as links or references to such content are not permitted.
Invesdor INV AG reserves the right to review content prior to publication and, if necessary, not to approve it, as well as to block or delete content that has already been published if it contravenes statutory provisions, the aforementioned rules or the rights of third parties.
Invesdor INV AG is granted by the Users the free of charge, regionally and temporally unlimited, non-exclusive and at any time revocable right to make the contents published by the Users publicly accessible via the Internet.
Users may only publish content for which they have the necessary rights. This applies in particular to copyrights and ancillary copyrights, trademark rights and personal rights of depicted persons. Users are solely liable internally to Invesdor INV AG for violations of rights for which they are responsible and the consequences thereof. Users must indemnify Invesdor INV AG from justified claims asserted by third parties against Invesdor INV AG due to such violations, if Invesdor INV AG is responsible for such violations.
Availability
Invesdor INV AG is free to discontinue, restrict or change the Internet presence or individual services temporarily or permanently, for example for technical or legal reasons. Invesdor INV AG will inform the Users about upcoming changes and settings as far as possible in advance.
Invesdor INV AG endeavours to provide Users with comprehensive availability. However, there is no claim to availability. In particular, maintenance, further development or events that could have an impact on data security may lead to a temporary suspension of the availability of the Internet presence and the possibility of using the user account.
Events beyond the control of Invesdor INV AG (e.g. power failures, failures of the telecommunication network or defects in data transmission by third parties) may also lead to a temporary suspension of the availability of the Internet presence and the possibility to use the user account.
If maintenance work leading to a restriction in the availability of the Website and the Services is carried out, this will be indicated to Users when they access the Website.
Liability
Any liability of Invesdor INV AG for damages of the Users is excluded. The exclusion of liability does not apply in case of intent or gross negligence of Invesdor INV AG or its third-party servicers. In case of a material breach of contractual obligations arising from the Terms of Use, Invesdor INV AG is liable for any negligence, but limited to typical and foreseeable damages. Material obligation to the contractual relationship arising from the Terms of Use is any obligation that makes the proper performance of the contractual obligations possible in the first place and the non-performance of which would jeopardize the achievement of the purpose of the contractual obligations.
The above limitations of liability do not apply in cases of liability for personal injuries.
Amendments to the Terms of Use
Invesdor INV AG reserves the right to amend these Terms of Use at any time. Amendments to the Terms of Use as well as introduction of additional terms and conditions (collectively referred to as "Amendments") will be communicated to the Users in advance by email within a reasonable period of time. This email will contain a description of the Amendments, the date of their implementation and a notice that Users are entitled to terminate their user relationship with Invesdor INV AG if the impairment is more than a minor change. The mentioned process does not apply to urgent cases where the Amendments are made to prevent misuse or damage, to respond to legal requirements or to ensure the security and functionality of the Services.
If Users object to any changes, Invesdor INV AG is entitled to terminate the user relationship. The termination will take effect from the date of implementation of the Amendments.
Termination
The user relationship shall run for an indefinite period until terminated by the User or Invesdor INV AG as set out below.
The user relationship may be terminated at any time by either party with two weeks' notice to the end of the month in written form (e.g. by email).
In the event of termination, the User Account will be closed and all deposited data will be deleted, provided that Invesdor INV AG or any other company of the Invesdor Group do not have any legal obligations to store the data after the termination.
The termination of the user relationship does not affect the validity of any contracts concluded with Invesdor INV AG, other companies of the Invesdor Group or third parties within the scope of the Brokerage Services.
Miscellaneous
Should any provision of the Terms of Use be invalid, the remaining provisions shall remain valid.
The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws rules of the EGBGB and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The choice of law does not apply insofar as mandatory consumer protection provisions of the EU member state, whose law would be applicable without the previously described choice of law, would offer the User (insofar as the User is a consumer) a scope of protection exceeding the consumer protection provisions of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes arising from or in connection with the user relationship shall be Berlin, provided there is no other exclusive legal place of jurisdiction and that the User is a merchant, a legal entity or a special fund or does not have a general place of jurisdiction in Germany or in another EU member state or has transferred its registered office to a non-EU country after these Terms of Use came into effect.
