1.1 These Terms and Conditions (hereinafter referred as „Ts&Cs“) for the use of the www.spacestarters.com Website and of all subdomains associated with this domain (hereinafter referred as „SpaceStarters Website“) provide for the business relationships between FunderNation GmbH, Talstraße 27E, 64625 Bensheim-Auerbach, Germany (hereinafter referred as „FunderNation“) and the SpaceStarters users (hereinafter referred as „Funder“), who want to participate in the Support Projects on the SpaceStarters Website as defined below. The Funder's contracting party and the operator of the SpaceStarters Website is FunderNation.
1.2 The SpaceStarters Website provides organizations and individuals wishing to initiate support projects (hereinafter referred as the „Project Initiator“) with the opportunity to present a project for which the Project Initiator wishes to fundraise (hereinafter referred to as the „Support Project“), and other SpaceStarters members are willed to pay a support amount for the project (hereinafter referred to as the „Supporter“), to collect support amounts accordingly.
1.3 The Support Project must pursue an economic, non-material or charitable purpose beyond purely private purposes.
1.4 The support amounts are not donations in the tax sense, but merely a voluntary financial contribution to the successful implementation of a funded project without an equivalent consideration. Therefore, no donation certificates can be issued.
1.5 Within an individually determined period, Funders are provided with the opportunity to support a Project Initiator. Each investment opportunity, including the aforementioned options, is presented within the scope of a so-called Support Project.
1.6 The support agreement is concluded exclusively between the supporter and the project initiator.
1.7 The Ts&Cs may be reviewed at any time at https://www.spacestarters.com . The Ts&Cs may be downloaded, printed or stored locally and, in addition, the Ts&Cs are sent by e-mail to the Funder and the project initiator at the conclusion of a support agreement.
1.8 FunderNation endeavors to have the SpaceStarters Website available at all times. FunderNation will provide an availability of the SpaceStarters Website of 98.5% on average per year. If maintenance work must be performed and for this reason the SpaceStarters Website is not available, FunderNation will inform the Funder in a timely manner, if possible. SpaceStarters Website downtime due to maintenance work are not included in the aforementioned availability of the website. FunderNation is not responsible for downtimes caused by the Internet or the network and, in particular, not for downtimes during which the SpaceStarters Website cannot be reached via the Internet due to technical or other problems that are beyond FunderNation's sphere of control (e.g. force majeure or fault on the part of third parties among others).
2.1 The use of the SpaceStarters Website for information purposes does not require the opening of a user account.
2.2 Active use of some SpaceStarters Website's functions requires the opening of a user account. The opening of a user account constitutes an agreement between FunderNation and the Funder on the use of the SpaceStarters Website. The opening of a user account is free of charge. The Funder agrees, among others, to these Ts&Cs within the scope of opening a user account. The initial opening of a user account requires the provision of first and last name and an e-mail address. During the subscription procedure, FunderNation may, at its discretion, ask for the provision of additional data. If a Funder wishes to make supports on the SpaceStarters Website, the Funder must, in addition, provide his / her postal address, birth place and date, identification card or passport number, including the issuing authority, as well as the Funder's bank details. All data requested by FunderNation on the opening of a user account must be complete and accurate. The Funder is obligated to modify any provided data in his / her user account, if such data changes after subscribing.
2.3 Within the scope of opening a user account, the Funder chooses a user name and a password. Each Funder is responsible for the use of his / her user account and each Funder is obligated to treat his / her access data confidential and to protect his / her access data from unauthorized third party access. The Funder is obligated to promptly notify FunderNation, should the Funder have reason to believe that his / her password or user account is being used without authorization.
2.4 User accounts on the SpaceStarters Website may only be opened by persons having full legal capacity. Persons that do not have full legal capacity (in particular minors) are not permitted to open user accounts. Several persons (e.g. spouses or families) may not open a joint user account. A separate user account must be opened for each person. In the case of legal persons that intend to act as Supporters, only authorized representatives of such legal persons may open user accounts on the SpaceStarters Website and perform acts that are legally binding on the Supporter on the SpaceStarters Website.
2.5 User accounts on the SpaceStarters Website are not transferable. Individuals may not subscribe several times.
2.6 Individuals do not have a claim to the opening of a user account. FunderNation reserves the right to delete incomplete user accounts (missing subscriber information) after a reasonable period.
3.1 The Project Initiator accepts these terms and conditions by confirming when registering as a Project Initiator and creating a Support Project. The Project Initiator authorizes FunderNation to declare on its behalf the acceptance of a Supporter's support offer.
3.2 By completing the support form on the SpaceStarters Website and by clicking of the button „support now“ at the bottom of the Support form, the Fupporter places an offer for a support to the Project Initiator in the amount individually determined by him ("Support Amount").
3.3 After the receipt of the support offer, FunderNation sends the Supporter an e-mail that confirms the receipt of the support offer ("Offer Confirmation"), and by which the Supporter's offer is accepted for a support amount (hereinafter referred as("Support Agreement") on behalf of the Project Initiator and provides the Supporter with all the information needed to submit the Support Amount.
3.4 The Support Agreement is always between the Supporter and the Project Initiator. FunderNation is not a party to these agreements. The Supporter and the Project Initiator are responsible for the payment process.
3.5 The conclusion of the Support Agreement is subject to the condition precedent that payment of the Support Amount is received (hereinafter referred as "Condition Precedent"). The Support Agreement becomes automatically effective upon receipt of payment.
3.6 In addition, the Support Agreement is subject to the condition subsequent in the event the specific Campaign is not successful. A Campaign is successful, if the total amount of all support offers of the Supporters reaches the individually determined Campaign Funding Minimum within the Campaign’s defined period plus 14 days for the settlement of accounts. After the end of the Campaign's offer period (period during which Supporters may place Support Offers), a 14 day period begins for the settlement of accounts. After the end of the 14 day period for the settlement of accounts, FunderNation will inform the Funder in the event the Campaign supported by the Funder did not reach the Funding Minimum and as such was not successful. In the event the Funding Minimum is not reached, the Support Agreement becomes ineffective. Neither the Funder nor the Project Initiator nor any third party may claim any rights from this agreement in this case.
3.7 The Project Initiator offers additional benefits (hereinafter referred as „Rewards“), that he wants to provide to Supporters after the successful completion of a Campaign. The Project Initiator is obliged to grant the rewards for the Supporters after successful completion of the Support Project.
3.8 The Project Initiator is obligated to the Supporters and FunderNation to use the Support Amount exclusively for the purposes stated in the description of the Support Project.
4.1 The opening of a user account on the SpaceStarters Website, as well as the use of the SpaceStarters Website is free of charge for Funders.
5.1 The Funder does not have a claim against FunderNation for the operation of the SpaceStarters Website and the provision of the associated gratuitous services. On the other hand, the Funder may discontinue the use of the services at any time.
5.2 FunderNation reserves the right to temporarily or permanently discontinue, restrict or change the SpaceStarters Website or individual services - e.g. for technical or legal reasons. The processing of concluded supports via the SpaceStarters Website is not affected by such discontinuation, restriction or change.
5.3 FunderNation will inform the Funders on impending changes or discontinuations.
Notwithstanding other statutory requirements for damage claims, FunderNation's liability for damages is subject to the following exclusions and limitations of liability:
6.1 FunderNation is liable without limitation for intent and gross negligence, as well as for damages arising from injuries to life, body or health.
6.2 In cases of slight negligence, FunderNation is only liable for the violation of a material contractual obligation [Kardinalpflicht]. A material contractual obligation in terms of this Item is an obligation, whose performance is a requirement for the proper execution of the agreement and for this reason the contracting party may routinely rely on the performance of such obligation. FunderNation's material contractual obligations include, in particular, the provision of the SpaceStarters Website according to Item 1.8, as well as the required cooperation for the conclusion and execution of supports.
6.3 The liability according to Item 6.2 above is limited to the typical, foreseeable damage on the agreement's conclusion date. In the event a Support Agreement is ineffective, the Funder's claims against FunderNation arising from these agreements are limited to the reimbursement of the paid Support Amount.
6.4 Any liability of FunderNation in addition to Items 6.1 through 6.3 is excluded.
6.5 The limitations of liability apply accordingly for the benefit of FunderNation's employees, agents and subcontractors.
6.6 Any liability of FunderNation for given guarantees and for claims based on the Product Liability Act [Produkthaftungsgesetz] remain unaffected by the above provisions.
7.1 Funders are liable for all damages arising from a violation of these Ts&Cs.
7.2 Funders are responsible for their support decisions.
8.1 These General Terms and Conditions are governed by the laws of the Federal Republic of Germany.
8.2 If a Funder does not have a general place of jurisdiction within Germany or another EU member state or the Funder is a businessman or the Funder has relocated his / her permanent domicile abroad after these Ts&Cs became effective or the domicile or the habitual residence is unknown on the date an action is brought against the Funder, the exclusive place of jurisdiction for all disputes arising from this agreement is Frankfurt am Main.
8.3 Should individual provisions of these Ts&Cs be or become void or ineffective, in whole or in part, and / or are in conflict with statutory provisions, this does not affect the effectiveness of the remaining provisions. Invalid or ineffective provisions are replaced by statutory provisions (Section 306 Para 2 German Civil Code [BGB]). Otherwise, the parties will replace the void or ineffective provision by an effective provision that most closely reflects the economic meaning and purpose of the ineffective provision, provided a supplementing interpretation of the agreement does not have priority or is not possible. The above provision also applies if the parties failed to address a certain matter in this agreement.
8.4 FunderNation reserves the right to amend these Ts&Cs at any time. FunderNation is, in particular, authorized to make such amendments, if an amendment of concluded agreements is required and / or - at FunderNation's discretion - is reasonable due to changes in law i.e. regulatory requirements. The Funders will be informed of the planned changes by e-mail at the latest one month prior to the scheduled effective date of the new version of these General Terms and Conditions. The amended Ts&Cs are considered accepted, if a Funder does not object to the applicability of the new Ts&Cs vis-à-vis FunderNation in writing or in text form within one month from the receipt of the e-mail. In the e-mail that contains the amended conditions, FunderNation will separately draw the Funders attention to the importance of the one month deadline and the right to object, as well as the legal consequences of the Funder's silence. The Ts&Cs as amended may be accessed at https://www.spacestarters.com.
September 2018
