7.4. The draft decisions are visible only to Investors (lenders) who have invested in the particular Crowdfunding Project. The decision is taken by voting. The number of votes an Investor has at the Investor Meeting is determined according to the amount invested (loaned) by the Investor in the Crowdfunding Project, assigning one vote for each whole euro invested (loaned). The Investor meeting shall adopt a decision by a simple majority of votes. The draft decision shall be deemed adopted if 50% of all votes in the Crowdfunding Project (including votes of Investors in a specific Crowdfunding Project that are not present in the meeting) plus one vote are in favour the draft decision. The Investor Meeting decision is binding to other Investors in a specific Crowdfunding Project. If none of the proposed draft decision are adopted, further course of action is determined by the Crowdfunding Service Provider
8. Processing of Client Data
8.1. For the purposes of these Terms and Conditions, personal data shall be any and all data and information on a Client who is a private person, which the Client has disclosed upon registering their Client Account, using the Crowdfunding Platform and making declarations of intent via the Crowdfunding Platform. The personal data that the Crowdfunding Service Provider has learned about such Client from third parties and stores or processes, is considered personal data.
8.2. By registering a Client Account and/or disclosing data, the Client shall confirm that they are aware of and consent to the fact that any and all legally collected data regarding the Client which are in the possession of the Crowdfunding Service Provider, regardless of their origin, shall be processed by the Crowdfunding Service Provider for the purposes related to the possibilities of use of the Crowdfunding Platform and to the extent necessary for it.
8.3. A Client, who is a private person, has the right to withdraw their consent for processing personal data at any time. The person may request the cease of processing the personal data, terminate the access to the data and request deletion or closing the collected personal data. This is possible if the Client has no on-
going process of concluding an agreement via the Crowdfunding Platform and no valid agreement concluded via the Crowdfunding Platform, and provided that the legal acts do not oblige the Crowdfunding Service Provider to save data. Upon withdrawing the consent to process personal data the respective Client Account shall be closed.
8.4. The Crowdfunding Service Provider shall be obliged to keep the Clients' data confidential and follow any and all rules arising from applicable law
8.5. The Crowdfunding Service Provider shall have the right to disclose Client's personal data to third parties (
https://www.veriff.com for identity verification), including other Clients, only in cases set forth in the law and Terms and Conditions
8.6. The Crowdfunding Service Provider shall have the right to disclose (personal) data of a Client to persons belonging to the same group as the Crowdfunding Service Provider and persons who provide the Crowdfunding Service Provider with legal assistance, accounting, auditing or any other services, which presume processing of Clients' personal data, provided that the respective service provider has undertaken the obligation towards the Crowdfunding Service Provider not to disclose the respective personal data to third parties.
8.7. The Crowdfunding Service Provider shall have the right to use the e-mail address and mobile phone number of a Client for the purposes of forwarding to the Client information, advertising and offers from the Crowdfunding Service Providers or its cooperation partners. The Client shall have the right to choose, which notifications and offers they wish to receive through the Crowdfunding Platform and refuse to receive offers from the Crowdfunding Service Provider and their cooperation partners, without their respective query through the Crowdfunding Platform.
8.8. Crowdfunding Service Provider is entitled to request information from the Client in accordance with anti-money laundering procedures at any time on its own initiative or in cases when required by law or required by the competent authority. The Client may be required to provide information, including, but not limited to, the Client's source of income, its amount, or the origin of funds. The Client is obliged to submit this information to Crowdfunding Service Provider within 30 days from the date of the request. If the Client fails to provide the requested information, this may result in termination of cooperation with the Client or restriction of the services available to the Client on the Crowdfunding Platform
9. Intellectual Property
9.1. Any and all intellectual property rights to the Crowdfunding Platform, including the structure, web design elements, texts and other components of the Crowdfunding Platform, and the intellectual property rights related to them (including the intellectual property rights to trademarks, logos, brands, software, databases, news, messages, texts, graphic, musical and other design) belong to the Crowdfunding Service Provider, unless the rights of another person are referred to with regard to a component, or information has been entered by the Clients of the Crowdfunding Platform. Clients shall not be allowed to change, reproduce, disseminate, process, translate, make extracts from, forward, include in other databases or make public the Crowdfunding Platform or any of its contents or components or use it in any other manner that is beyond the intended purposes of the Crowdfunding Platform without the prior written consent of the Crowdfunding Service Provider.
9.2. The Client shall not be allowed to grant sub-licences for using the Crowdfunding Platform or any of its contents or components or create new objects of intellectual property based on them.
9.3. The Clients are allowed to publish only such material in the Crowdfunding Platform for which they have intellectual property rights to the extent that is necessary for publishing the respective materials in the Crowdfunding Platform. A Client shall be fully responsible for the materials published in the Crowdfunding Platform by them.
9.4. With publishing of any material in the Crowdfunding Platform by the Client, the Client shall give their unconditional and free consent to the Crowdfunding Service Provider to store, disseminate and publish such material in accordance with the Terms and Conditions and to change or process in any other manner to the extent that is necessary for the intended use of the Crowdfunding Platform.
10. Liability
10.1. Among other, the Crowdfunding Service Provider and Security Agent are not liable for:
10.1.1. the performance of a Project Owner's (including Borrower's) obligations;9.4. With publishing of any material in the Crowdfunding Platform by the Client, the Client shall give their unconditional and free consent to the Crowdfunding Service Provider to store, disseminate and publish such material in accordance with the Terms and Conditions and to change or process in any other manner to the extent that is necessary for the intended use of the Crowdfunding Platform.
10. Liability
10.1. Among other, the Crowdfunding Service Provider and Security Agent are not liable for:
10.1.1. the performance of a Project Owner's (including Borrower's) obligations;
10.1.2. the trueness or accuracy of information and/or confirmation(s) published or provided by a Project Owner (including a Borrower) in the Crowdfunding Platform or any loan document and no warranty or representation is made by either the Crowdfunding Service Provider or the Security Agent in respect of the same. This exclusion of liability shall also apply to any details and other information published in the Crowdfunding Platform in respect of Crowdfunding Projects and Clients;
10.1.3. any disruptions or impediments that may occur in the operation of the credit institution, including any losses which may directly or indirectly be incurred as a result of the insolvency or moratorium of such credit institution or any other similar event;
10.1.4. losses incurred as a result of any act or failure to act by the third parties whose economic or professional activity includes the collection of debts and the provision of related services;
10.1.5. the scope, content, suitability and enforceability of contracts and other legal documents used in the Crowdfunding Platform, including those used for the carrying out of transactions through the Crowdfunding Platform;
10.1.6. any bugs or disruptions that occur in the Crowdfunding Platform or amendments made in the Crowdfunding Platform or the consequences of termination of the operation of the Crowdfunding Platform;
10.1.7. the trueness and accuracy of any forecasts, including financial indicators and forecasts of any Crowdfunding Project, published in the Crowdfunding Platform and no warranty or representation is made by neither the Crowdfunding Service Provider nor the Security Agent in respect of the same;
10.1.8. any circumstances that derive from or depend on the identity of a Client;
10.1.9. any non-patrimonial damages, loss of profit or other indirect losses, or other damages caused as a result of its conduct other than intentional misconduct.
10.2. Although the Crowdfunding Service Provider shall take all measures to ensure correctness and reliability of information published in the Crowdfunding Platform, the Crowdfunding Service Provider shall not be liable for publishing incorrect or misleading information in the Crowdfunding Platform, or for a
violation committed or being continuously committed through the Crowdfunding Platform, or consequences thereof, of which the Crowdfunding Service Provider is not aware or for which it has taken measures for correcting the information, ending a violation or eliminating consequences thereof.
10.3. The Crowdfunding Service Provider shall not be liable for the correctness and completeness of information received from third parties if the Crowdfunding Service Provider forwards or discloses it in the Crowdfunding Platform in the same format as it was forwarded or made available to the Crowdfunding Service Provider. If a Client discovers incorrectness of information contained in the Crowdfunding Platform, they shall be obliged to inform the Crowdfunding Service Provider as soon as possible.
10.4. The Crowdfunding Service Provider shall not be liable to other Clients or third parties if a Client violates an obligation set forth in the Terms and Conditions, any other agreement concluded with the Crowdfunding Service Provider, legal act or agreement concluded between Clients.
10.5. The Crowdfunding Service Provider shall be liable for the obligations arising from a transaction concluded through the Crowdfunding Platform only if the Crowdfunding Service Provider is a party to a specific transactio
10.6. If a Client causes damages to the Crowdfunding Service Provider by violating any of the obligations, the Client shall be obliged to fully compensate the respective damages to the Crowdfunding Service Provider at first reques
10.7. The Crowdfunding Service Provider shall not be liable for the damages that were caused to a Client or third parties in relation to the fact that the Crowdfunding Service Provider used their legal remedies (e.g. removed information from the Crowdfunding Platform or limited access to it, limited or restricted Client's access to their Client Account or Crowdfunding Platform).
10.8. The Crowdfunding Service Provider shall not be liable for temporary interruption in the access to the Crowdfunding Platform or its functionality.
10.9. The Crowdfunding Service Provider shall be liable only for the direct patrimonial damages to the Client caused by violation of the obligations of the Crowdfunding Service Provider's due to gross negligence or intent. Other damages or loss of profit shall not be subject to compensation. The Crowdfunding Service Provider shall not be liable if a service provider or any other third party used by the Crowdfunding Service Provider causes the violation of obligations.
11. Duration of Use of the Crowdfunding Platform and Termination of Use
11.1. Client Accounts in the Crowdfunding Platform are opened without term. If a Client have no valid agreements concluded via the Crowdfunding Platform and Client no longer wish to use the Crowdfunding Platform, Client can close the Client Account and terminate the agreement concluded with the Crowdfunding Service Provider without advance notice.
11.2. The Crowdfunding Service Provider shall have the right to limit or cancel a Client's right to use the Crowdfunding Platform and close a Client Account, as well as to terminate an agreement concluded with a Client at any time without advance notice if it appears that:
11.2.1. the Client violates or has violated the Terms and Conditions or any other Client obligations;
11.2.2. the Client does not accept new Terms and Conditions upon first logging in to the Crowdfunding Platform after the new Terms and Conditions have been made available in the Crowdfunding Platform;
11.2.3. the Client has submitted to the Crowdfunding Service Provider or other Clients data and/or information that is incorrect, misleading, and/or inaccurate;
11.2.4. upon using the Crowdfunding Platform, the Client behaves in bad faith, without dignity, illegally or in contradiction with the moral standards recognised in the society;
11.2.5. the Crowdfunding Service Provider has discovered a circumstance based on which there may be a suspicion that third parties have gained possession of the data and devices allowing logging in to the Client Account and the Crowdfunding Platform and the Client Account could be used by an unauthorized person.
11.2.6. Client has not provided to Crowdfunding Service Provider the information that Crowdfunding Service Provider requires to identify Client to carry out anti-money laundering and know-your- customer policies and procedures of Crowdfunding Service Provider and/or as required by law and within the deadlines stipulated by Crowdfunding Service Provider;
11.2.7. Crowdfunding Service Provider suspects money laundering, terrorism financing, or an attempt to do so, with the involvement of the Client or the Client Account;
11.2.8. Client is a person who is subject to international or national sanctions or is an affiliate of such person;
11.2.9. The Client disseminates false, misleading or offensive information about the Crowdfunding Platform, Crowdfunding Service Provider, Project Owner, Crowdfunding Offers, Crowdfunding Projects, etc., to the public or for other actions or omissions of the Client that harm interests of other Clients, Crowdfunding Platform, Crowdfunding Service Provider, Project Owner, Crowdfunding Offers, or Crowdfunding Projects.
11.3. The Crowdfunding Service Provider shall have the right to close the Crowdfunding Platform.
11.4. Upon closing the Crowdfunding Platform or if the Client can no longer use the Crowdfunding Platform:
11.4.1. the transactions made through the Crowdfunding Platform shall remain in force under the terms and conditions set forth therein and
11.4.2. the settlements arising from transactions made between the respective Client and other Clients shall thereafter take place through the bank accounts of the respective Client and other Clients on the basis of the payment orders given by such Clients. After the expiry of the right to use the Crowdfunding Platform, the Crowdfunding Service Provider shall not be responsible for making or receiving payments on behalf of the Clients);
11.4.3. The Crowdfunding Service Provider shall pay the positive balance registered in Client Account (as of the moment of expiry of the right to use the Crowdfunding Platform), deducting the sums payable to the Crowdfunding Service Provider, to the bank account of the Client within 10 (ten) working days from the expiry of the right to use the Crowdfunding Platform. Any amount that are added to the Client Account after the Client has lost the right to use the Crowdfunding Platform shall be transferred to the Client's bank account within 10 (ten) working days after arrival to the Client Account.
12. Sending Notices
12.1. The notices sent to the Client's mailbox (an e-mail address that the Client has provided to the Crowdfunding Service Provider) shall be considered as received within 24 hours of sending.