Terms and conditions
Terms of use of https://www.credipto.com/ platform
From the following date: November 2023
The transparency and user-friendliness of Credipto's https://www.credipto.com/ platform is important to us. These general terms and conditions govern the use of this website (https https://www.credipto.com/).
For reasons of better readability, male, female and various (m/f/d) language forms are not used simultaneously. All personal names apply equally to all genders.
Credipto GmbH, Speditionstraße 15a, D-40221 Düsseldorf (hereinafter “Credipto”) operates an internet platform (hereinafter “platform”) under the website https://www.credipto.com/. Through this platform, Credipto offers potential investors the opportunity to invest in companies and projects carried out by companies and other institutions.
Here, project owners and companies (hereinafter collectively referred to as “issuers”) can introduce themselves to potential investors (hereinafter referred to as “investors”) and digitally share with them information about the planned financing (hereinafter referred to as “financing projects”).
Based on this information, investors have the opportunity to participate in the respective financing project through financing (“swarm financing”, “crowdfunding” or “funding”) by placing investments or securities (“financial instruments”) on the platform of the online investment brokerage framework.
Access to financing projects and potential subscription to financial instruments requires the investor to register on the platform.
Credipto is a contractual agent within the meaning of Section 3 Paragraph 2 of the WpIG and, when brokering investments pursuant to Section 2 Paragraph 2 No. 3 of the WpIG, is entered into solely in its name, on its behalf and under its responsibility. The registered office of Effecta GmbH, which is listed in the commercial register of the Friedberg district court under HRB 8830, is located at Am Sportplatz 13, D-61197 Florstadt (liability umbrella). Effacta GmbH is a licensed securities institution with a license to provide investment advice pursuant to Section 2 Paragraph 2 No. 4 WpIG and a license to provide investment brokerage pursuant to Section 2 Paragraph 2 No. 3 WpIG, each of which is not authorized to take ownership and/or possession. Sale of securities or raising funds from clients.
The following general terms and conditions (“Terms and Conditions”) apply exclusively to any use of the platform by (potential) investors (hereinafter referred to as “users”).
- Scope
- By using the platform, a user agreement is concluded between users and Credipto, which is exclusively subject to the following terms and conditions. This platform user agreement sets out the conditions for the use of the platform for information purposes and for the brokerage of individual financial instruments between investors and issuers via the platform. Both the informational use and the brokerage of financial instruments are offered to users free of charge. The General Terms and Conditions apply to all content, functionalities and other services offered on the platform.
- At the same time, a separate brokerage agreement on financial instruments (“brokerage agreement”) is concluded between the investor and the liability umbrella (Effecta GmbH), represented by Credipto as a contractual agent, as soon as the platform operator meets the necessary conditions. The interested party offers certain financial instruments from project owners (issuers) on the platform.
The content of the brokerage agreement is determined by the “Effecta GmbH General Terms and Conditions for brokerage through affiliated agents” and the additionally applicable “Effecta GmbH General Terms and Conditions for brokerage through affiliated agents”. These documents are available on the platform and are provided to the investor prior to the contract. Further information about Effecta GmbH and its business profile can be found in the documents also available on the platform.
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- The legal relationship between Credipto and the issuer is not the subject of these general terms and conditions. Separate cooperation agreements (project agreements) establish the legal relationship between Credipto and the issuer. Likewise, the legal relationship between the issuer and the user is not the subject of these General Terms and Conditions. These legal relationships are subject to separate legal arrangements (e.g. loan conditions, lending conditions). Credipto is not a party to these legal agreements.
- It has no right to register and use the Platform. Credipto has the right to refuse a user at any time without giving reasons. Examples include: registrations made by providing false data or registrations created with disposable e-mail addresses (so-called “disposable e-mail addresses”).
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- Registration
- Registration is required for full use of the platform. Natural persons who have reached 18 years of age, have full legal capacity under civil law, reside in Germany and are not citizens of Canada, Japan or Australia and who are not US citizens in the following sense are allowed to register as private persons. A U.S. person is anyone who is a U.S. citizen, a holder of permanent residence and work authorization for the U.S. (green card) or otherwise subject to unlimited income taxation in the U.S., who has a place of residence or a second home in the U.S. or its territories, or who is a U.S. corporation or other entity, estate or trust organized under U.S. law that is subject to U.S. federal taxation, or who acts on behalf of such entity. Legal entities must have their registered office in Germany. Investors must act on their own account. It is not permitted to register a person more than once.
- It is essential that the registration is carried out with complete and correct information regarding the requested data.
- In order to accept an issuer's contract offer as a user, it is also necessary to provide complete and truthful information about the investor-specific data to be requested during or after registration.
- After the registration is completed, the user will receive a confirmation e-mail from Credipto. The registration process is completed by clicking on the link in the e-mail. Once the contract is concluded, the user has the possibility to view and change his/her data at any time in the “Login - My Account” section.
- Registration with false data or false investor-specific information is not allowed, this will result in the user being removed from the platform.
- The User undertakes to ensure that all information provided while using the platform is always accurate and up to date.
- The User undertakes to ensure that the data accessing the platform, in particular his/her password, are not accessible to third parties. The user is solely responsible for the transactions carried out through the user account. If there is any indication that the user account has been misused
Cancellation policy
Part 1
Right of withdrawal
With a clear declaration, you can cancel your contract declaration within 14 days without giving reasons. This period begins after the conclusion of the contract and after receipt on a durable medium (e.g. letter, fax, e-mail) of the contractual provisions including the general terms and conditions as well as all information listed in Section 2 below. In order for the revocation period to be met, it is sufficient to send the revocation in good time if the notification is made on a durable medium. The revocation must be sent to the following address:
Credipto GmbH
Speditionstraße 15a, D-40221 Düsseldorf
E-mail: info@credipto.com
Part 2
Information required for the start of the cancellation period
The information within the meaning of Section 1 Sentence 2 includes the following information:
- the identity of the entrepreneur; the public company register in which the legal entity is registered and the relevant registration number or equivalent identifier must also be indicated;
- the main business activity of the entrepreneur and the supervisory authority responsible for its approval;
- the address of the entrepreneur and other addresses relevant to the business relationship between the entrepreneur and the consumer; the name of the authorized representative in the case of legal entities, associations of persons or groups of persons;
- the main characteristics of the financial service and information on how the contract was concluded;
- the total price of the financial service, including all relevant price components as well as all taxes paid through the entrepreneur, or, if a precise price cannot be determined, the calculation basis that enables the consumer to verify the price;
- an indication of any additional costs that may arise, as well as any possible additional taxes or costs not paid or invoiced by the entrepreneur;
- indication that the financial service refers to financial instruments which, due to their specific characteristics or the transactions to be carried out, are subject to special risks or whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence, and that the income obtained in the past is not an indicator of future returns;
- a limitation on the period of validity of the information provided; for example, the period of validity of limited offers, in particular in relation to price;
- details on payment and performance;
- the existence or non-existence of the right of withdrawal, as well as the conditions of its exercise, its details, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of the withdrawal, including: information on the amount that the consumer must pay for the services rendered in the event of withdrawal; in the event that he/she is obliged to pay compensation for the service that must be paid (basic regulation: Article 357b of the Civil Code);
- the minimum duration of the contract, if it involves a permanent or regularly recurring service;
- the conditions for termination of the contract, including contractual penalties;
- the Member States of the European Union whose laws the entrepreneur relies on when entering into the relationship with the consumer before concluding the contract;
- a contractual clause on the law applicable to the contract or the competent court;
- the languages in which the contractual conditions and the preliminary information referred to in this cancellation policy are communicated, as well as the languages in which the entrepreneur undertakes, with the consent of the consumer, to communicate during the term of this contract;
- an indication as to whether the consumer can use the out-of-court complaints and redress procedure to which the entrepreneur is subject and the access requirements, if any.
Chapter 3
Consequences of the annulment
In the event of an effective cancellation, the services received by both parties must be returned. If you were aware of this legal consequence before submitting your contractual declaration and expressly agreed that the evaluation can start before the end of the cancellation period, you are obliged to pay compensation for the service provided up to the moment of cancellation. If you are obliged to pay compensation, this may mean that you still have to fulfill the contractual payment obligations for the period until the cancellation. Your right of withdrawal expires prematurely if, before you exercise your right of withdrawal, the contract has been fully performed by both parties at your express request. Obligations regarding the return of payments must be fulfilled within 30 days. For you, this period begins when you send us your notice of withdrawal, for us it begins when we receive it.
Credipto GmbH
End of cancellation policy
- Services of the platform operator and use of the platform
- Credipto offers users the opportunity to contact issuers via the platform.
- Issuers have the possibility to publicize information and documents to potential investors via the platform. Investors can also subscribe to financial instruments online via the platform. In this context, Credipto is limited to providing the technical requirements for organizing the signing of the contract and the sending of documents, the transmission of declarations of intent as a messenger and the provision of certain other services to issuers in connection with the initiation and processing of the purchase of financial instruments (in particular. Contract management and payment monitoring). Credipto does not provide any additional services. In particular, Credipto has no discretion regarding the conclusion of contracts between issuers and investors and/or the management of the funding process. Credipto is not a party to the contract in this respect. Credipto also does not act as an authorized representative of either party in the conclusion of these contracts and does not accept any payment within the framework of the brokered contracts. Credipto does not provide any services that are subject to authorization under the Banking Act, the Capital Investment Act or the Payment Services Supervision Act. As a rule, payments are made through a licensed payment service provider or a so-called payment intermediary.
- Credipto offers the user free use of the platform.
- Credipto has no advisory function and does not provide any services in this regard. No financing and/or investment advice or tax and/or legal advice is explicitly provided. Credipto only performs a check according to official criteria before publishing an issuer's financing project on the platform. The placement of a financing project on the platform does not constitute investment advice. Credipto does not assess the creditworthiness of the issuer and does not check the information provided by the issuer for accuracy, completeness or timeliness. The platform operator does not provide investors with personal advice on the purchase of financial instruments on the basis of an examination of the personal situation of the respective investor. Unless the user has given separate consent to data collection, the user's personal terms and conditions will only be requested to the extent necessary for the execution of the contractual relationship or - in the context of investment brokerage - where required by law. In the context of investment brokerage, this is done for the purpose of providing legally required information, but not with the intention of giving the investor a personal recommendation to purchase a specific financial instrument.
- The documents offered on the platform do not explicitly claim to contain all the information necessary to evaluate a financial instrument offered. They do not constitute a prospectus in the legal sense. Users should take advantage of the possibility to ask questions to the issuer via the platform before making an investment decision. If users are undecided whether to subscribe to the financial instruments offered, they should seek information from independent sources. The documentation provided on the platform cannot replace expert advice. Users are strongly advised to obtain comprehensive information on the legal, economic and tax implications of such an investment before subscribing to the financial instruments offered. When subscribing to qualified subordinated loans, users as lenders bear a higher entrepreneurial risk than the risk of a normal lender. Loan capital, including interest claims, cannot be reclaimed due to qualified subordination if it would cause the borrower to become insolvent. This could lead to a complete loss of the invested capital and interest. Users should note detailed risk information.
- The respective subscription amount can be freely chosen within the framework set by the user. For investment, the user may only use his/her own liquid funds, which are exempt from third-party rights.
- Comments made by users on the platform or in related blogs, etc., which are deemed to be inappropriate or in violation of applicable laws, are not permitted and will result in immediate deletion. They may also lead to the immediate banning of the user from using the platform. Credipto reserves the right to claim compensation.
- The information provided on the Platform is not intended for distribution to or in the United States, Canada, Australia, Japan or any jurisdiction where such offer or invitation to make such an offer is not permitted. Any breach of this sharing restriction may constitute a violation of the laws of such jurisdictions.
- Implementation of an investment
An investment through the platform works like this:
- A potential investor registers as a user on the platform and becomes aware of financing projects. For this purpose, they use the information and documents provided by the relevant issuer. The user will be able to ask questions to the issuer about the financing project via the platform.
- To purchase a financial instrument, the investor and the issuer sign a subscription agreement (“Subscription Agreement”) for the amount chosen by the investor (“Deposit Amount”) using the digital process provided on the platform. Depending on the process, Credipto transmits the contractual declarations of the contracting parties to the counterparty as a messenger.
- The acquisition of the financial instrument becomes effective when the counterparty (investor or issuer) accepts the subscription offer (“conclusion of the contract”). The issuer will ask the investor to pay the deposit amount. Depending on the financial instrument, the conclusion of the contract on an individual basis may, within the meaning of Section 158 Paragraph 2 of the German Civil Code (BGB), be enforceable, in particular if the deposit obligation is not fulfilled and/or the minimum subscription volume is not reached within a certain period of time.
- In the event of effective cancellation of the conclusion of the contract, the issuer will ensure that the amount deposited by the user is transferred back to the deposit account without any deductions or costs; this does not affect any obligation to pay compensation or other rights in the event of cancellation by the user.
- Duration and termination
- The current user agreement according to these General Terms and Conditions is concluded indefinitely. It may be canceled at any time by the user or the platform operator with one week's notice before the end of the month. This does not affect the right of extraordinary termination.
- Cancellations by the user must be sent by e-mail to xxx@xxx-xxx.de. The user will be informed of the termination by Credipto by e-mail to the e-mail address last stored on the platform. The user is responsible for keeping this address updated at all times.
- It must be clearly stated that existing contractual relationships between users and issuers will not be affected by the termination of the user agreement.
- Availability
Credipto endeavors to provide comprehensive availability of the platform to the extent technically possible and economically reasonable, but does not guarantee this. In particular, maintenance work, security and capacity reasons, technical conditions and events beyond Credipto's control may result in the platform being temporarily or permanently inaccessible. Credipto reserves the right to restrict access to the platform at any time and to the extent necessary, for example to carry out maintenance work.
- Documentation
The user has no right to transfer or reproduce any documents, information and documents downloaded from the platform. Publicly available information and documents are exempt from this obligation. This obligation applies indefinitely beyond the period of use of the platform and even after termination of this user agreement. In the event that a user breaches this obligation, Credipto reserves the right to claim possible damages. The same applies to the affected rights of the issuers.
- Data protection
The collection and use of the user's personal data is carried out exclusively within the framework of legal provisions, in particular taking into account the applicable data protection law. Further information in this regard can be found in the separate data protection declaration of the platform operator Credipto at https://www.credipto.com/.
- Liability
- Credipto's liability for breach of contractual obligations and tort liability is also limited to intent and gross negligence.
- In addition, Credipto is only liable for simple negligence in the event of breach of essential contractual obligations, the fulfillment of which alone ensures the proper execution of the contract and on which the user can rely on regular compliance (“substantial negligent obligations”). A particularly important basic obligation is the receipt and transmission of subscription declarations via the platform. Liability for the main obligations is limited to typical damages and/or typical damage dimensions that were foreseeable at the time the contract was concluded.
- The above restrictions also apply to legal representatives, directors, employees or vicarious agents of Credipto.
- The above limitations do not apply to liability under the Product Liability Act arising from injury to life, body or health, nor to liability under the Product Liability Act, nor to cases where Credipto provides express warranties.
- Credipto is not responsible for the information that issuers provide about themselves on the platform or for the legal validity of contracts concluded between the user and the issuer. It should be made clear that the information that issuers provide about themselves on the platform is based entirely on the statements and documents of the issuers. Therefore, it is understood that the responsibility for this information lies solely with the issuer. This applies in particular to the timeliness, accuracy and completeness of the information. Credipto does not check the information provided.
- Availability
Credipto endeavors to provide comprehensive availability of the platform to the extent technically possible and economically reasonable, but does not guarantee this. In particular, maintenance work, security and capacity reasons, technical conditions and events beyond Credipto 's control may result in the platform being temporarily or permanently inaccessible. Credipto reserves the right to restrict access to the platform at any time and to the extent necessary, for example to carry out maintenance work.
- Documentation
The user has no right to transfer or reproduce any documents, information and documents downloaded from the platform. Publicly available information and documents are exempt from this obligation. This obligation applies indefinitely beyond the period of use of the platform and even after termination of this user agreement. In the event that a user breaches this obligation, Credipto reserves the right to claim possible damages. The same applies to the affected rights of the issuers.
- Data protection
The collection and use of the user's personal data is carried out exclusively within the framework of legal provisions, in particular taking into account the applicable data protection law. Further information in this regard can be found in the separate data protection declaration of the platform operator Credipto at https://www.credipto.com/.
- Liability
- Credipto 's liability for breach of contractual obligations and tort liability is also limited to intent and gross negligence.
- In addition, Credipto is only liable for simple negligence in the event of breach of essential contractual obligations, the fulfillment of which alone ensures the proper execution of the contract and on which the user can rely on regular compliance (“substantial negligent obligations”). A particularly important basic obligation is the receipt and transmission of subscription declarations via the platform. Liability for the main obligations is limited to typical damages and/or typical damage dimensions that were foreseeable at the time the contract was concluded.
- The above restrictions also apply to legal representatives, directors, employees or vicarious agents of Credipto.
- The above limitations do not apply to liability under the Product Liability Act arising from injury to life, body or health, nor to liability under the Product Liability Act, nor to cases where Credipto provides express warranties.
- Credipto is not responsible for the information that issuers provide about themselves on the platform or for the legal validity of contracts concluded between the user and the issuer. It should be made clear that the information that issuers provide about themselves on the platform is based entirely on the statements and documents of the issuers. Therefore, it is understood that the responsibility for this information lies solely with the issuer. This applies in particular to the timeliness, accuracy and completeness of the information. Credipto does not check the information provided.
- The https://www.credipto.com/ website of Credipto contains internet links to external third-party websites. Credipto has no influence directly or indirectly on the content of these linked websites. The respective provider or operator of the website is always responsible for the correctness of the content, Credipto therefore accepts no liability in this regard. Credipto checked external websites (internet links) for possible legal violations at the time of linking. No legal violations were found at the time the link was established. Credipto cannot continuously check the entire content of the pages linked to https://www.credipto.com/ without actual proof of a legal violation. If legal violations become known, Credipto will remove the relevant links immediately.
- Final provisions
- The general terms and conditions may be amended by Credipto if necessary
- Credipto is obliged to ensure that the General Terms and Conditions comply with applicable law or governmental requirements;
- Credipto complies with a court order or an order of an authority or a request of an authority directed against it or one of its sub-service providers, or to prevent or resolve complaints from an authority
- Changes in the legal framework relevant to the contractual relationship between the parties, case law, administrative practice of a responsible supervisory authority and/or changes in other contractual circumstances beyond the control of both parties make it necessary to adapt the contract. General Terms and Conditions (e.g. because the relevant clauses in the General Terms and Conditions are now deemed ineffective due to such changes or because the continued application of the General Terms and Conditions without appropriate adjustments leads to a breach that may be sanctioned by supervisory law)
and that the changes made by Credipto will not have unreasonable consequences for the user, unless they are unavoidable in accordance with the aforementioned standard, and no changes will be made to the contractual services that are interrelated.
Prior to the intended entry into force of the updated General Terms and Conditions - Credipto will notify the user in text form and inform him/her separately about the new regulations and the planned entry into force date. At the same time, Credipto will give the user a reasonable period of at least two months to declare whether he/she accepts the updated terms and conditions for further use of the services. If no declaration is made within this period starting from the receipt of the message in text form, the changed conditions shall be deemed to have been accepted by implied declaration of intent. At the beginning of the deadline, Credipto will inform the user separately about this legal consequence, i.e. the right to object, the objection period and the legal consequences of silence.
- These terms of use are subject to the laws of the Federal Republic of Germany only. The contractual language and the relevant language of communication between the user and Credipto are German.
- For users who are traders or who do not have a general jurisdiction in Germany or another EU member state, the place of jurisdiction for all legal disputes arising from this contractual relationship is the registered office of Credipto. In all other cases, the legal place of jurisdiction applies.
- If individual provisions of these General Terms and Conditions are or become invalid, ineffective or unenforceable, the validity of these General Terms and Conditions shall not be affected. In this case, the parties are obliged to replace the invalid, ineffective or unenforceable provisions by provisions that are legally permissible and come closest to the intended purpose. The same applies in the event of gaps in the legislation.
- The European Commission has set up a European online dispute resolution platform at http://ec.europa.eu/consumers/odr/. The consumer can use this platform to resolve a dispute arising from an online contract with a company established in the EU without going to court. To do this, he/she must fill out the online complaint form, which can be accessed at the given address.
- We would like to point out that the following institution is responsible as the consumer arbitration board: Deutsche Bundesbank Arbitration Board, PO Box 10 06 02, 60006 Frankfurt am Main, www.bundesbank.de/schlichtungsstelle. We are obliged to take part in a dispute resolution procedure before this consumer arbitration board.