Terms of Service of CAPinside GmbH

For members and for contractual partners

With CAPinside, the company CAPinside GmbH (Kleine Johannisstraße 9, 20457 Hamburg, Commercial Register Number: 157215, Local Court of Hamburg) operates an independent platform on which investors can learn about relevant trends in the financial market and obtain background information - in a transparent and independent way. It is the first online community by investors for investors. This service is available free of charge to registered members of CAPinside (hereinafter referred to as 'CAPinsiders' or 'members'). In addition, our service is also geared toward the customers and contractual partners of CAPinside to whom the content of our platform is likewise available (hereinafter referred to as 'customers' or 'contractual partners').

Terms of Service for members of our online service

CAPinside connects investors and asset managers in the digital age. With more than 80,000 monthly users, CAPinside is the fastest-growing online community for the exchange of information about investments in the German-speaking world. CAPinside connects editorial content with machine learning technology in order to solve the matching crisis in the European investment market. CAPinside creates access to truly relevant individually tailored content and fitting projects - across all investment classes. CAPinside supports investors and intermediaries in making better investment decisions in less time.

CAPinside is provided by CAPinside GmbH (also referred to as 'we' or 'us'). CAPinside GmbH does not provide any mediation or advice with regard to the purchase, holding or sale of securities or other money market instruments. The content of our website is merely for the purpose of information and its exchange and does not constitute any investment advice, mediation, recommendation or invitation to buy, hold or sell the respective securities or money market instruments. Investment transactions involve risks that can require consultation with a professional investment adviser. A total loss of the invested capital cannot be ruled out. The provided content is in no way a replacement for professional advice specifically tailored to the member's personal and financial circumstances. Any advertising for financial instruments is exclusively advertising from third parties, particularly issuers. This sort of advertising is not CAPinside's advertising and does not constitute any recommendation by us to invest. The German version of these Terms of Service alone is authoritative.

1. Subject of the Terms of Service

  1. These Terms of Service (hereinafter also referred to as 'ToS') govern the rights and responsibilities relating to the use of the website and its features that are made available to users on capinside.com, either by the apps we publish or by other affiliated websites (hereinafter referred to as 'CAPinside', 'platform' or 'website').

  2. Registered users of our platform are 'members', while non-registered users are 'visitors'. If you register for the CAPinside platform and join CAPinside then you will become a member. If you do do not register for our platform then you will be able to access a limited range of features as a visitor.

  3. As a website visitor or member, the collection, use and transfer of your personal data are subject to our Privacy Policy and other documents referred to in that Privacy Policy and their updates.

  4. The services and offers of CAPinside are offered exclusively on the basis of these Terms of Service. They also apply to all future relations, even if there has not been another explicit agreement to them. Unless explicitly otherwise agreed, these Terms of Service apply to the exclusion of any terms of service of the member.

  5. CAPinside has the right to change these Terms of Service at any time as required due to changes in legislation, changes in case-law, changes in the scope of functions of the platform or a change in financial circumstances. The member will be informed of the changed Terms of Service by email with indications of the changes made. The changes will be considered agreed upon if the member does not object within 14 days of receiving the email notification. Text form will suffice. If you do not agree to any changes, you can close your account. If you object to the changes, each party has the right to terminate the contract with a notice period of 14 days in writing or by email.

  6. The current version of the Terms and Conditions can be accessed and printed out at www.capinside.com/agb.

2. Contract conclusion and registration

  1. The use of CAPinside and the functions and services provided on it requires the prior registration of the user. With the completion of the registration, a binding contract is concluded between you and CAPinside GmbH regarding the use of CAPinside including these Terms of Service ('contract' or 'user agreement').

  2. The registration will be completed and you will thereby declare that you agree to conclude a legally binding contract with CAPinside (even when using our website on behalf of a company) when you click on a corresponding confirmation button on the registration screen, e.g. by clicking on 'Register now', 'Become a member of CAPinside', 'Register' or a similar confirmation button. If you do not agree, you should not click on 'Become a member now' (or similar confirmation button) and you should not access our website in any way whatsoever. If you would like to terminate this contract, you can do that at any time by closing your account and no longer accessing or making use of our website.

  3. Members are account holders. You agree to the following: (1) you will choose a safe password, keep it secret and treat it as confidential; (2) you will not transfer part of your account to others (e.g. to contacts); and (3) you will comply with laws and the CAPinside use restrictions. You are responsible for all actions taken through your user account unless you have closed the account or given notice of misuse.

  4. The minimum mandatory details required for registration are the registrant's full name, email address and the selection of a password. Depending on the desired service, further information about the member may be required, e.g.:

    • Name of the company and job title within the company
    • Full address incl. postal code
    • Further contact details, e.g. telephone number
    • Investor classification
  5. The member is solely responsible for the correctness, completeness and up-to-dateness of the information. The member is responsible for ensuring that the information provided by the member complies with the relevant laws and is not illegal.

3. Scope of services of the platform

  1. The subject of the services of CAPinside is the provision of personalised information, products and news from the finance industry corresponding to the respective interests of the user as well as exchange with other members through personal messages or comments on articles published on member profiles. Information can be viewed on the platform in the form of articles, videos or podcasts, for example. Products can be found in our product finder, for example, and analysed and compared with other products or compiled into portfolios on the basis of the provided information such as historical price data. This information is hereinafter also referred to as 'content'. Content can be published by CAPinside or integrated into the platform by third-party providers of CAPinside.

  2. The content is compiled in a way predetermined by CAPinside. The personalisation of the already provided information and news is carried out on the basis of the user profile and the interests specified therein as well as the user's click behaviour on the platform.

  3. The performance of financial services of any type is not the subject of the services performed by CAPinside. The platform serves solely to provide personalised information and content for members. CAPinside does not provide any advice on the mediation and/or management of financial instruments. If a member makes business decisions on the basis of the information provided by CAPinside, e.g. information about fund products or market values, these are solely within the member's scope of responsibility.

  4. Unless explicitly otherwise regulated, merely accessing content on our website does not result in any contractual relationships between you and CAPinside. The content does not constitute an offer that can be accepted by you without CAPinside taking any further action (invitatio ad offerendum). No offers for the purchase and/or sale of financial instruments are made within the framework of the digital presence.

  5. The content does not constitute any investment, legal and/or tax advice. In particular, all content relating to funds, securities and/or other financial instruments (collectively referred to as 'financial instruments') are not to be understood as an individual recommendation to invest in financial instruments. Financial instruments and financial services entail various risks, meaning that you should obtain professional advice as needed for financial, tax and/or legal decisions.

  6. The range of features of the platform include our provision of messages and news to you in the following way: (1) within the platform or (2) to the contact details provided by you (e.g. email address, telephone number, postal address). This requires you to keep your contact details up to date. You can control and limit the news that you receive from us in your profile settings.

  7. Our platform enables you to share the news and information that you can view on CAPinside in various ways, e.g. through your profile or messages. Information and content that you share or post can be viewed by other members, visitors or third parties (even outside of the platform). In your profile you can set who is permitted to view what content or information (e.g. the content of your news, content shared with CAPinside contacts, the visibility of your profile to search machines or whether others are to be informed when your profile is updated).

  8. We are not obligated to publish information or content on our platform and we can remove it with or without prior notice.

  9. Through the use of our website you may potentially be exposed to content or information from third parties that could be incorrect, incomplete, out of date, misleading, illegal, offensive or harmful in some other way. You agree that we are not responsible for the content or information of third parties (including other members). We cannot always prevent this misuse of our website. We do not assume any liability for this type of misuse.

  10. The content available on the platform categorically solely serves the purpose of the performance our service. Subject to any deviating contractual provisions between a member and CAPinside and/or mandatory provisions of law, we do not make any guarantees, give any assurance or assume any other liability with regard to the completeness, up-to-dateness and/or other correctness of this content.

  11. The responsibility for linked external content is not held by us but rather by the operator of the linked online presence. We do not make any guarantees, give any assurance or assume any other liability with regard to the completeness, up-to-dateness, other correctness and/or regulatory compliance of this content. We have carefully checked the regulatory compliance of the linked content. However, later adjustments to this external content are not continuously reviewed. If we receive indications of illegal content, we will review this and, if necessary, remove the external content from our digital presence.

  12. CAPinside can support members who offer services (e.g. investment advice or wealth management) to make contact with members who are seeking such services. CAPinside does not perform these services itself, nor does CAPinside employ others to perform these services. You must be at least 18 years old to offer, perform or engage these services. You are aware that CAPinside does not supervise, instruct, control or monitor its members in the performance of these services and you agree (1) that CAPinside is not responsible for the offering, performance or procurement of these services; (2) that CAPinside does not affirm any services offered by a specific member; and (3) that no employment relationship, representation or joint venture relationship is formed in any way between CAPinside and the member who is offering the services. If you as a member offer services, you affirm and ensure that you have all of the required rights and licences for them and that you will perform your services in accordance with the applicable legal regulations as well as the Terms of Service of CAPinside.

  13. CAPinside can support you in the same way in registering for events held by members and/or attending such events and making contact with other members who are participating in such events. There may be special terms and conditions for participation in such events. CAPinside is not responsible for such events or for the behaviour of members or other participants in such events. CAPinside does not recommend any specific events that are listed on our platform.

4. Responsibilities of members

  1. CAPinside provides its website exclusively for use in accordance with these Terms of Services. The member is not permitted to transfer the member's account to third parties without the written consent of CAPinside.

  2. The member is not permitted to use any aids, devices or software in connection with the website that could disrupt the functions of the platform. The member is not permitted to perform any actions that could lead to an unreasonable or excessive burden on the technical capacities of CAPinside. In particular, the member is not permitted to block, overwrite or modify the content generated by CAPinside unless CAPinside has explicitly permitted this in writing.

  3. The member shall refrain from any action which could jeopardise the performance and availability of the website.

  4. Within the context of the use of the platform the member shall not violate any provisions of law such as the Criminal Code or third-party rights and shall comply with the requirements of these Terms of Service. The member asserts that the member will not contribute to or transmit any illegal or immoral content in connection with CAPinside's service. In particular, this includes all content

    • that is incorrect, inaccurate or misleading;
    • that is offensive, racist, sexist, pornographic or obscene;
    • that could damage the reputation of CAPinside;
    • that is capable of violating copyrights, patents, trademarks or other intellectual property rights, rights to one's own image or other third-party rights.
  5. Failure to comply with the obligations to cooperate listed in section 4 paragraphs 1-4 can lead to the temporary or permanent blocking of the member account by CAPinside.

  6. A blocked member is not permitted to create a new account without the explicit prior written consent of CAPinside. If this ban is circumvented, CAPinside has the right to permanently block the corresponding account without prior notice.

  7. The provisions of this section 4 do not limit CAPinside's right of termination, in particular the right of termination without notice. Furthermore, they do not limit CAPinside's right to exercise virtual property rights.

  8. By registering on the platform, the member shall undertake to indemnify, defend and hold harmless CAPinside and any subsidiaries, managing directors, executives, employees, owners and vicarious agents with regard to all claims, proceedings, demands, obligations, losses, damages, judgements, payments, costs and expenses (including reasonable attorney fees and costs) based on (i) a breach or violation of the Terms of Service, including any assurance, warranty, commitment, limitation or obligation made, given or assumed by the member herein or (ii) illegal use by the member.

5. Availability

  1. CAPinside makes an effort to provide the platform and the services incumbent on it without interruption as much as possible. This availability is dependent on the technical and operational capabilities. Service and maintenance work can lead to temporary unavailability. CAPinside always makes an effort to give advance notification of the unavailability of the platform and/or individual features.

  2. Unavailability as specified in paragraph 1 due to service and/or maintenance work is not considered an impairment of availability.

  3. CAPinside does not make any guarantee that the website can be used without errors and/or is free of viruses and other harmful components. CAPinside has the right to partly or fully shut down, interrupt or adjust operation of the digital presence and/or access to the digital presence without prior notification.

6. Limitation of liability

  1. Within the context of the use of the platform, CAPinside GmbH is liable to the user in the event of gross negligence, in the event of injury to life, limb or health, in the event of a breach of warranty, in the event of claims based on the German Product Liability Act as well as in cases of obligatory statutory liability (e.g. German Product Safety Act) for all damage caused.

  2. In the event of slight negligence, CAPinside GmbH is only liable in the event of the violation of essential contractual obligations. In such cases, the liability is limited to the amount of the foreseeable damage that would typically have to be expected to occur with contracts of this type. An essential contractual obligation in the aforementioned sense is to be understood as an obligation that is essential for the achievement of the purpose of the contract or an obligation whose fulfilment enables the proper execution of the contract in the first place and the user can regularly trust that there will be compliance with it. The foreseeable damage typical for such contracts is damage that is typically to be expected with a usual damaging event. The same applies in the event of slight negligence on the part of vicarious agents.

  3. Any other liability on the part of CAPinside GmbH is excluded.

  4. CAPinside GmbH is not liable in the event of force majeure. Force majeure means all circumstances and events that are outside of the scope of responsibility of CAPinside GmbH such as strikes, lock-out, natural events, catastrophes, regulatory intervention, legal prohibition or other events due to which CAPinside GmbH is hindered from performing its services through no fault of its own.

7. Intellectual property

  1. CAPinside or the respective licensee holds the rights to all content included in the content and offers provided on the platform (in particular texts, photos and graphics). The content is protected by national law and in particular by copyright law. Any reproduction, distribution, communication or other exploitation (collectively referred to as 'exploitation') is only permitted in compliance with this legal framework. In general, any exploitation requires the consent of the respective right holder. Unauthorised distribution, reproduction, deletion or any other violation of the industrial property rights and copyrights of CAPinside will be prosecuted civilly and criminally.

  2. CAPinside retains all rights not explicitly granted to the members in these Terms of Service. CAPinside retains all rights to, titles to and interests in and in connection with the services performed (with the exception of licensed and/or acquired content and the third-party content contained therein), including all data (such as any usage data and records thereof), information and associated software. By registering on the platform, the member acknowledges that the software, information, content and data in connection with the platform (such as usage data or records thereof) are protected for CAPinside according to copyright and/or similar rights and may contain business secrets or other intellectual or industrial property rights that are in the ownership of CAPinside or are licensed to CAPinside.

8. Confidentiality obligation

  1. CAPinside shall undertake to manage the data entrusted to it with the greatest possible care and in particular to treat the data entrusted to it as confidential and handle it carefully.

  2. The member shall undertake to keep the login details for CAPinside confidential and secure at all times and not to disclose them to any third parties. The member is not permitted to assign the member's account data and access to third parties or otherwise transfer them.

  3. CAPinside has the right to transfer the contractual rights and responsibilities to third parties even without the customer's consent.

9. Data protection

  1. We use the information and data provided by you and (other) members in order to provide personalised recommendations for contacts, content and features that may potentially be useful to you. We use data and information about you in order to display content and products to you in a personalised way. By keeping your profile up to date and correct, you support us in making these recommendations relevant and accurate.

  2. For all other information relating to the handling of the contractual partner's provided data, CAPinside refers you to the separate Privacy Policy (http://www.capinside.com/datenschutz).

10. Termination

  1. Both you as well as CAPinside can terminate this contract at any time by notifying the other party. Termination causes you to lose the right to access or make use of the services. If you would like to terminate this contract, you can do that at any time by closing your account and no longer accessing or making use of our website.

  2. The right of termination for cause remains unaffected by this.

  3. CAPinside reserves the right to shut down the platform with a notice period of two weeks, effective at the end of the month. If CAPinside shuts down, the usage relationship will end automatically.

11. Consumer information

  1. The European Commission provides a platform for online dispute resolution (ODR) that you can find at http://ec.europa.eu/consumers/odr/.

  2. We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

12. Final provisions

  1. The law of the Federal Republic of Germany to the exclusion of international private law and the UN Convention on the International Sale of Goods (CISG) shall apply unless barred by other mandatory consumer protection rules. If the member is a consumer and residing in the EU, the member may not be deprived of the protection offered by the binding consumer protection laws of the member's country of residence.

  2. The place of performance is Hamburg. The place of jurisdiction for all disputes arising from this contractual relationship is likewise Hamburg, provided that the party to the contract is a trader, a legal person under public law or a special fund under public law.

  3. Should individual provisions of these Terms of Service be invalid or unenforceable in whole or in part, this shall not affect the validity of the other provisions. The invalid clause shall be replaced by an agreement that comes closed to the intended content.

  4. The contract language is German. The German version of these Terms of Service alone is authoritative.

Terms of Service for customers and contractual partners of CAPinside

CAPinside connects investors and asset managers in the digital age. With more than 80,000 monthly users, CAPinside is the fastest-growing online community for the exchange of information about investments in the German-speaking world. CAPinside connects editorial content with machine learning technology in order to solve the matching crisis in the European investment market. CAPinside creates access to truly relevant individually tailored content and fitting projects - across all investment classes. CAPinside supports investors and intermediaries in making better investment decisions in less time. CAPinside is provided by CAPinside GmbH (also referred to as 'we' or 'us'). CAPinside GmbH does not provide any mediation or advice with regard to the purchase, holding or sale of securities or other money market instruments. The content of our website is merely for the purpose of information and its exchange and does not constitute any investment advice, mediation, recommendation or invitation to buy, hold or sell the respective securities or money market instruments. Investment transactions involve risks that can require consultation with a professional investment adviser. A total loss of the invested capital cannot be ruled out. The provided content is in no way a replacement for professional advice specifically tailored to the member's personal and financial circumstances. Any advertising for financial instruments is exclusively advertising from third parties, particularly issuers. This sort of advertising is not CAPinside's advertising and does not constitute any recommendation by us to invest. The German version of these Terms of Service alone is authoritative. Customers and contractual partners are companies, firms, agencies and merchants who want to make their content available on the platform or want to use other services of CAPinside in order to thereby expand their reach. When reference is made to agreement, this means these Terms of Service and any associated individual agreement between CAPinside and the user/contractual partner. The German version of these Terms of Service alone is authoritative.

1. Subject of the Terms of Service

  1. These Terms of Service ('ToS') govern the rights and responsibilities of the parties to the contract relating to the use of the website and its features that are made available to users on capinside.com, either by the apps we publish or by other affiliated websites (hereinafter referred to as 'CAPinside', 'platform' or 'website').

  2. The services and offers of CAPinside are offered exclusively on the basis of these Terms of Service. They also apply to all future business relations, even if there has not been another explicit agreement to them. Unless explicitly otherwise agreed, these Terms of Service apply to the exclusion of the terms of service of the contractual partner for all business relations between the parties to the contract.

  3. CAPinside has the right to change these Terms of Service at any time as required due to changes in legislation, changes in case-law, changes in the scope of functions of the platform or a change in financial circumstances. The contractual partner will be informed of the changed Terms of Service by email with indications of the changes made. The changes will be considered agreed upon if the contractual partner does not object within 14 days of receiving the email notification. Text form will suffice. If you do not agree to any changes, you can close your account. If you object to the changes, each party has the right to terminate the contract with a notice period of 14 days in writing or by email.

  4. The current version of the Terms and Conditions can be accessed and printed out at www.capinside.com/agb.

2. Contract conclusion and registration

  1. The use of CAPinside and the functions and services provided to the contractual partner on it requires the contractual partner to conclude a contract with CAPinside GmbH.

  2. CAPinside will send a personalised offer of contract to the contractual partner for this purpose. If the contractual partner accepts this by means of email confirmation or signature, a contract against payment for the agreed services results to which these Terms of Service apply. CAPinside generally will not send any additional order confirmation, rather the contractual partner will merely still receive an invoice. An order confirmation will be sent in writing (by email) upon request.

  3. CAPinside reserves the right to reject order requests without further explanation, e.g. in the event of a lack of identification of the contractual partner.

  4. The contractual partner is obligated to register in order to make full use of the CAPinside website, e.g. to obtain access to the dashboards of the various campaigns. The minimum mandatory details required for this are the registrant's full name, email address and the selection of a password.

  5. For the proper billing of the booked services, further information about the contractual partner is required:

    • First and last name of the contact person / contractual partner
    • Name of the company
    • Full address
    • Further contact details, e.g. telephone number, accounting
    • VAT identification number (for a registered office within the EU)
  6. The contractual partner is solely responsible for the correctness, completeness and up-to-dateness of the information. The member is responsible for ensuring that the information provided by the member complies with the relevant laws and is not illegal.

  7. If the provided personal data is incorrect and/or incomplete, there will be no entitlements to the use of the website or claims for damages against CAPinside.

3. Scope of services of the platform for customers

  1. The commercial offering of CAPinside is currently geared exclusively to customers and contractual partners who are pursuing the contract conclusion for a commercial purpose.

  2. The subject of a contract are personalised sales and marketing strategies for customers on and via the platform as well as the provision of personalised information and news from the financial industry by CAPinside and also the targeted marketing of the individually agreed products of the customer (hereinafter referred to as the 'offering' or 'service').

  3. The service always includes a basic campaign. The basic campaign encompasses the following services: basic company profile incl. content flat & campaign dashboard or alternatively a wealth manager basic profile or financial services provider basic profile. Additional individual products (hereinafter referred to as 'additional services') can be agreed to in addition to the basic campaign.

  4. Unless individually otherwise agreed, the additional services of CAPinside are to be utilised within the contract term agreed to for this. Any additional services not utilised by the end of the contract term will neither be reimbursed nor carried over to an extended or new contract term by CAPinside.

  5. The targeted marketing of the additional services is carried out according to personal agreement and within the framework of the selected package. The marketing options are predetermined by CAPinside. This can be carried out through the targeted presentation of articles, videos or podcasts ('content') from or via customers. Members of the platform are contacted for the holding of events with the customer on the basis of the relevant user profiles as well as their evaluated click behaviour on the platform.

  6. CAPinside is continuously being developed further and updated. Through the modification and further development of the service we would like to always offer the best offering to the contractual partner. For this reason, CAPinside grants the contractual partner access to the service in its respective current and available form or version. Modifications and further developments can affect system and compatibility requirements. The contractual partner does not have any entitlement to the maintaining or restoring of a specific scope of the service, provided that the further development of the offering is not significantly altered or adversely affected. Any claims for defects by the customer relating to the technical usability of the offering itself remain unaffected by this. Due to the continuous further development of the platform, CAPinside reserves the right to offer new features, to remove features from the service or to modify them. The contractual partner agrees to these continuous modifications to the service.

  7. The warranty does not cover defects resulting due to external influences such as operating errors by the company, force majeure or modifications that were not made by CAPinside or other manipulations.

  8. Unless explicitly stated in these Terms of Service, CAPinside does not make any guarantees in the legal sense unless otherwise explicitly stated in these Terms of Service. CAPinside does not make any guarantee that the website can be used without errors and/or is free of viruses and other harmful components. CAPinside has the right to partly or fully shut down, interrupt or adjust operation of the digital presence and/or access to the digital presence without prior notification.

  9. The content available on the platform solely serves the purpose of the performance our service. Subject to any deviating contractual provisions between a customer and CAPinside and/or mandatory provisions of law, we do not make any guarantees, give any assurance or assume any other liability with regard to the completeness, up-to-dateness and/or other correctness of this content. The responsibility for linked external content that can potentially be viewed on the platform at the desire of the customer is not held by us but rather by the operator of the linked online presence. We do not make any guarantees, give any assurance or assume any other liability with regard to the completeness, up-to-dateness, other correctness and/or regulatory compliance of this content. We have carefully checked the regulatory compliance of the linked content. However, later adjustments to this external content are not continuously reviewed. If we receive indications of illegal content, we will review this and, if necessary, remove the external content from our platform.

4. Responsibilities of the customer

  1. CAPinside provides its website exclusively for use in accordance with these Terms of Services. The contractual partner is not permitted to transfer the member's account to third parties without the written consent of CAPinside.

  2. The contractual partner is not permitted to use any aids, devices or software in connection with the website that could disrupt the functions of the platform. The contractual partner is not permitted to perform any actions that could lead to an unreasonable or excessive burden on the technical capacities of CAPinside. In particular, the contractual partner is not permitted to block, overwrite or modify the content generated by CAPinside unless CAPinside has explicitly permitted this in writing.

  3. The contractual partner shall refrain from any action which could jeopardise the performance and availability of the website.

  4. Within the context of the use of the platform the contractual partner shall not violate any provisions of law such as the Criminal Code or third-party rights and shall comply with the requirements of these Terms of Service. The contractual partner asserts that the contractual partner will not contribute to or transmit any illegal or immoral content in connection with CAPinside's service. In particular, this includes all content

    • that is incorrect, inaccurate or misleading;
    • that is offensive, racist, sexist, pornographic or obscene;
    • that could damage the reputation of CAPinside;
    • that is capable of violating copyrights, patents, trademarks or other intellectual property rights, rights to one's own image or other third-party rights.
  5. Failure to comply with the obligations to cooperate listed in section 4 paragraphs 1-4 can lead to the temporary or permanent blocking of the account by CAPinside.

  6. A blocked contractual partner is not permitted to create a new account without the explicit prior written consent of CAPinside. If this ban is circumvented, CAPinside has the right to permanently block the corresponding account without prior notice.

  7. The provisions of this section 4 do not limit CAPinside's right of termination, in particular the right of termination without notice. Furthermore, they do not limit CAPinside's right to exercise virtual property rights.

  8. The contractual partner guarantees that the contractual partner is authorised to use the information provided by the contractual partner on the platform in accordance with the contract and grants CAPinside GmbH the rights required for this.

  9. The contractual partner shall undertake to indemnify, defend and hold harmless CAPinside and any subsidiaries, managing directors, executives, employees, owners and vicarious agents with regard to all claims, proceedings, demands, obligations, losses, damages, judgements, payments, costs and expenses (including reasonable attorney fees and costs) based on (i) a breach or violation of the Terms of Service, including any assurance, warranty, commitment, limitation or obligation made, given or assumed by the member herein or (ii) illegal use by the member.

5. Prices and terms of payment

  1. The prices stated by us are net prices and are to be understood as subject to statutory VAT and other price components.

  2. The contractual partner will be sent an invoice as a PDF file by email. Payment shall be made to the specified account. Unless deviating terms of payment were agreed to in writing, the invoice amount will be payable immediately upon receipt of the invoice and is to be paid within fourteen days after receipt. In the event of payment made by direct debit, the contractual partner shall bear any costs incurred resulting from a chargeback due to a lack of funds or due to incorrectly provided payment data.

  3. In the event of default of payment, a one-time demand for payment will be sent in text form by email. Thereafter CAPinside will charge a flat dunning charge in the amount of €5.00. Furthermore, in the event of default of payment the contractual partner is obligated to pay the statutory default interest in the amount of 9 percentage points above the base interest rate. Further claims for damages remain unaffected by this.

6. Term and termination

  1. The contractual relationship for the basic campaign is concluded for the term agreed to in writing. Unless the contract is terminated in writing (text form will suffice) by three (3) months before the end of the agreed term or each extended term, the term of the contract will be extended by the originally agreed term each time.

  2. Unless otherwise agreed in writing, the contractual relationship for the basic campaign is concluded between the parties with a term of twelve (12) months. Unless the contract is terminated in writing (text form will suffice) by three (3) months before the end of the agreed term or each extended term of twelve (12) months, the term of the contract will be extended by another twelve (12) months. Any discounts will not be taken into account with the automatic extensions.

  3. The legal right of both parties to extraordinary termination for cause remains unaffected. CAPinside shall have cause for termination in particular if the contractual partner does not pay the owed remuneration for the performed services or does not pay it as agreed. CAPinside reserves the right to immediately delete the customer's account if payment is not received.

  4. CAPinside reserves the right to shut down the platform with a notice period of two weeks, effective at the end of the month. If CAPinside shuts down, the contractual relationship for the service (i.e. the basic campaign and any agreed additional services) will end automatically.

7. Availability

  1. CAPinside makes an effort to provide the platform and the services incumbent on it without interruption as much as possible. This availability is dependent on the technical and operational capabilities. Service and maintenance work can lead to temporary unavailability. CAPinside always makes an effort to give advance notification of the unavailability of the platform and/or individual features.

  2. Unavailability as specified in paragraph 1 due to service and/or maintenance work is not considered an impairment of availability.

8. Liability

  1. CAPinside GmbH is liable to the contractual partner in the event of gross negligence, in the event of injury to life, limb or health, in the event of a breach of warranty, in the event of claims based on the German Product Liability Act as well as in cases of obligatory statutory liability (e.g. German Product Safety Act) for all damage caused.

  2. In the event of slight negligence, CAPinside GmbH is only liable in the event of the violation of essential contractual obligations. In such cases, the liability is limited to the amount of the foreseeable damage that would typically have to be expected to occur with contracts of this type. An essential contractual obligation in the aforementioned sense is to be understood as an obligation that is essential for the achievement of the purpose of the contract or an obligation whose fulfilment enables the proper execution of the contract in the first place and the user can regularly trust that there will be compliance with it. The foreseeable damage typical for such contracts is damage that is typically to be expected with a usual loss event. The same applies in the event of slight negligence on the part of vicarious agents.

  3. In the cases specified in section 82 the parties assume that the foreseeable damage corresponds to the amount that the contractual partner paid to CAPinside in the twelve (12) months preceding the damaging event.

  4. Any other liability on the part of CAPinside GmbH is excluded.

  5. In the cases specified in section 81 the statutory period of limitation shall apply. Apart from that, the contractual partner's claims for damages shall lapse within twelve (12) months of knowledge of the damage, at the latest ten (10) years after its occurrence.

  6. CAPinside GmbH is not liable in the event of force majeure. Force majeure means all circumstances and events that are outside of the scope of responsibility of CAPinside GmbH such as strikes, lock-out, natural events, catastrophes, regulatory intervention, legal prohibition or other events due to which CAPinside GmbH is hindered from performing its services through no fault of its own.

9. Non-solicitation agreement

The contractual partners of CAPinside shall undertake not to solicit any employees of CAPinside during as well as until year after the end of a cooperation. For each case of contravention of the obligation from sentence 1, under exclusion of the objection of continuation of offence, the contractual partner shall pay an appropriate contractual penalty to be determined by CAPinside GmbH as it reasonably sees fit; in the event of dispute the reasonableness of the amount shall be reviewed by the competent local court or Land court. CAPinside reserves the right to assert further damage as well as the right of extraordinary termination.

10. Copyrights and rights of use

  1. If proprietary material of the contractual partner is transferred to CAPinside within the context of a contractual relationship, the contractual partner shall grant CAPinside all non-exclusive rights of use to the material limited to the term of the respective contract and for the purpose of the performance of the respective contract free of charge. In the process, the contractual partner gives assurance that the transferred data, documents and material are free of third-party rights and/or that the customer holds the rights of use to them without limitation.

  2. The contractual partner indemnifies CAPinside against any third-party claims due to violation of copyrights or other property rights from the use and exploitation of the documents, data and material.

  3. CAPinside or the respective licensee is the exclusive owner of or exclusive holder of rights to all content included in the content and services provided on the (in particular texts, photos and graphics). The content is protected by national law and in particular by copyright law. Any reproduction, distribution, communication or other exploitation (collectively referred to as 'exploitation') is only permitted in compliance with this legal framework. In general, any exploitation requires the consent of the respective right holder. Unauthorised distribution, reproduction, deletion or any other violation of the industrial property rights and copyrights of CAPinside will be prosecuted civilly and criminally.

  4. CAPinside retains all rights not explicitly granted in these Terms of Service. CAPinside retains all rights to, titles to and interests in and in connection with the services performed (with the exception of licensed and/or acquired content and the third-party content contained therein), including all data (such as any usage data and records thereof), information and associated software. The contractual partner acknowledges that the software, information, content and data in connection with the website (such as usage data or records thereof) are protected for CAPinside according to copyright and/or similar rights and may contain business secrets or other intellectual or industrial property rights that are in the ownership of CAPinside or are licensed to CAPinside.

11. Confidentiality obligation

  1. CAPinside shall undertake to manage the data entrusted to it with the greatest possible care and in particular to treat the data entrusted to it as confidential and handle it carefully.

  2. The contractual partner shall undertake to keep the login details for CAPinside confidential and secure at all times and not to disclose them to any third parties. The contractual partner is not permitted to assign the member's account data and access to third parties or otherwise transfer them.

  3. CAPinside has the right to transfer the contractual rights and responsibilities to third parties even without the customer's consent.

12. Data protection

  1. All personal data are collected, utilised and processed exclusively in the legitimate interest of and for the performance of the contractual services of CAPinside. The transfer of data required for the performance of the contract is permitted.

  2. For all other information relating to the handling of the contractual partner's provided data, CAPinside refers you to the separate Privacy Policy (www.capinside.com/datenschutz).

13. Final provisions

  1. The law of the Federal Republic of Germany to the exclusion of international private law and the UN Convention on the International Sale of Goods (CISG) shall apply.

  2. The place of performance is Hamburg. The place of jurisdiction for all disputes arising from this contractual relationship is likewise Hamburg, provided that the party to the contract is a trader, a legal person under public law or a special fund under public law.

  3. Should individual provisions of these Terms of Service be invalid or unenforceable in whole or in part, this shall not affect the validity of the other provisions. The invalid clause shall be replaced by an agreement that comes closed to the intended content.

  4. The contract language is German. The German version of these Terms of Service alone is authoritative.

Last updated: 1 October 2021

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