Terms of Use
YouCanToo
Risk Statement
Please note that the grant of subordinated profit-participation loans entails considerable risks for Supporters and Supporters can lose their invested capital in full or in part. There is no guarantee that Supporters will receive interest payments or bonus payments. Prior to any decision on the grant of subordinated profit-participation loans to a Mover, potential Supporters are advised to read all information made available on YouCan2 concerning the Mover and the subordinated profit-participation loan carefully and to give due consideration to this information when making investment decisions. Furthermore, before taking any decision, potential Investors are advised to seek expert advice on the legal, financial and tax consequences of granting a subordinated profit-participation loan.
The appropriateness of a financial investment to be made in a loan project is not assessed by us despite any self-assessment. Any liability is excluded from YouCan2 and it is up to the investor / lender to assess whether the amount to be granted and the investment itself are reasonable.
Section 1
Scope
(1) The following Terms of Use apply to the use of the online brokerage platform operated by us, YouCan GmbH, Unter den Weinbergen 43, D-71065 Sindelfingen, (hereinafter "YouCan", "we" or "us") through the website www.youcan2.de ("YouCanToo").
(2) Our services are provided exclusively on the basis of these Terms of Use. These Terms govern the legal relationship between you and us, YouCan GmbH. By registering, you acknowledge the application of these Terms of Use.
(3) YouCanToo is targeted at consumers and businesses, but only to end-users. For the purposes of these Terms of Use, (i) a "consumer" is a private individual who concludes a contract for purposes attributable neither to commercial nor self-employed activities, (Section 13 BGB) and (ii) an "entrepreneur" is a private individual, legal entity or a partnership with legal personality that concludes the contract in performance of its commercial or self-employed activities, (Section 14 (1) BGB).
Section 2
Purpose of Use
(1) YouCanToo is an Internet-based platform bringing providers of social or creative projects or companies on the one hand into contact with persons who would like to provide funding for projects of this kind on the other. As a registered user, you can present and promote your projects on YouCanToo ("Mover"). You can also provide funding for other Mover’s projects ("Supporter").
(2) With YouCanToo, we, YouCan, merely provide a platform through which Supporters and Movers can come together. If a Supporter provides funding to a Mover, the contractual relationship concerning that funding is concluded exclusively between the Mover and the Supporter. In this context, we neither provide brokerage services nor are we involved in the contracts as representative of a party and/or as a party to the contract. The contracting parties are in each case themselves responsible for asserting and implementing rights under contractual relationships concluded between Movers and Supporters. YouCanToo assumes no liability whatsoever for the parties’ commitments.
Section 3
Registration
(1) In order to use YouCanToo as a Mover or Supporter, you first need to register. Registration is free of charge. During the registration process, you will be asked to provide your full name and e-mail address and to select a username and password ("login data"). You can also register via a Facebook account using Facebook Connect, or via a PayPal account using PayPal-Access. You must be aged 18 or over and have full legal capacity.
(2) By entering your registration data, you submit an offer to conclude a user relationship based on these Terms of Use. In the case of direct registration on YouCanToo, the user relationship is concluded when the user account is activated and a registration confirmation provided. In the case of registration via Facebook Connect or PayPal-Access, the user relationship is created upon activation of the user account. From the time of activation, you are authorised to use YouCanToo within the scope of these Terms of Use. In the case of direct registration, you must confirm the activation of your account by clicking the link provided in the confirmation e-mail.
(3) Please always keep your login data safe and do not disclose this information to unauthorized third parties. You are responsible for ensuring that your account is accessed on the platform and the services provided there are used only by you, or persons authorized by you. You must notify us immediately if there is any risk that unauthorised third parties have gained or will gain access to your login data. We will never ask you for your password or other personal data via e-mail or telephone. Therefore, please never disclose your password via e-mail or on the telephone, even if the sender or caller claims to be an employee of YouCan.
Section 4
Consumer Cancellation, Exclusion of Cancellation Right
As a consumer within the meaning of Section 1(3), you have the right to cancel the user relationship. The conditions and legal consequences of exercising your cancellation right are set forth below in the Cancellation Notice.
Cancellation Notice
Cancellation Right
You are entitled to cancel your contract, in writing (e.g. letter, fax, e-mail), within 14 days without the need to provide reasons. The deadline begins upon receipt of this notice in text form, but not before the conclusion of the contract, nor before we have fulfilled our duty to provide information pursuant to Article 246(2) in conjunction with Section 1(1) and (2) Introductory Act to the Civil Code ( Einführungsgesetz zum Bürgerlichen Gesetzbuch , EGBGB) and our duties pursuant to Section 312g (1) sentence 1 German Civil Code (BGB) in conjunction with Article 246 Section 3 EGBGB. Timely dispatch of the notice of cancellation is sufficient to comply with the deadline. The notice of cancellation is to be sent to:
YouCan GmbH, Unter den Weinbergen 43, D-71065 Sindelfingent fax: [●] e-mail: [●]
Consequences of Cancellation
In the event of valid cancellation, the performance received by both parties is to be returned and any benefits enjoyed (e.g. interest) surrendered. If you are unable to return the service or benefit (e.g. benefits enjoyed), in full or in part, or if you are able only to return or surrender the same in a deteriorated state, you will be required to furnish compensation. This can mean that you are required to fulfil the contractual payment obligations until such time as the cancellation takes effect. Obligations to reimburse payments must be fulfilled within 30 days. For you, the time period begins upon submission of your notice of cancellation; for us, the time period begins upon receipt of the cancellation.
Special Notice
Your cancellation right expires early if, at your express request, the contract was fulfilled in full by both parties, before you exercised your cancellation right.
End of Cancellation Notice
Section 5
Use as a Mover
(1) Once you have completed the registration process, you can upload projects to YouCanToo as a Mover and campaign for funding for your social or creative project or for your company. To this end, you need to provide a valid PayPal account in your name. You can create projects in three different categories:
a) be-social – donate
Movers that select a be-social project can collect donations to fund the project through YouCanToo. be-social projects must fit into one of the predefined be-social categories in order to be accepted as a be-social project. Please note that donations made in the be-social category does not constitute a donation within the definition of Section 10b Income Tax Act (EStG), unless the Mover fulfils the requirements of Section 19b EStG.
b) be-creative – reward
In be-creative projects, the Mover can collect funding ("pledges") for his project and offer Supporters recognition of the sum in each case ("reward"). The recognition promised in the form of a reward must be a product to be manufactured in the course of the Mover’s project or a service to be rendered in future. The Mover is free to determine the amount of the pledges required to earn a reward. Pledges can also be made and accepted without any Reward.
c) be-business – invest
be-business projects concern offers for the conclusion of agreements for the grant to the Mover of subordinated profit-participation loans. These are loans issued to the Mover by Supporters with a fixed term and subject to a fixed rate of interest. Profit participation and additional bonus payments can also be provided for. In the event of the insolvency or winding-up and dissolution of the Mover, the creditor holds a qualified subordinated claim vis-à-vis other creditors. Furthermore, where necessary to avoid the insolvency of the Mover, the Supporter’s claims will be deferred. The Mover’s project information must include a detailed business plan and company-specific key data, outlining the Mover’s business activities and its potential in a manner that can be understood by a reasonably observant and circumspect Supporter.
(3) Donations, pledges and loans are always paid directly by the Supporter to the Mover. We shall not, under any circumstances, collect these funds. All payments are currently processed via PayPal. Any PayPal fees incurred are to be borne by the Mover. If the donation, pledge or loan is not immediately disbursed to the Mover, upon confirmation of the donation or pledge, or on conclusion of the loan agreement, initially only authorization for the disbursement of the sum concerned in each case is issued.
(4) As a Mover, you must draft your conditions for the conclusion of contracts, contractual terms and the disbursement of donations and loans such that they comply with the technical and organisational processes in place on YouCanToo. You are personally responsible for the design of your project, in particular with respect to the expediency thereof and compliance with national and international laws, even in instances in which YouCan provides guidance or templates. YouCan does not provide any financial, tax or legal advice and YouCan assumes no liability for any guidance or templates provided.
(5) The following framework conditions apply to the design of the projects:
a) be-social – donate
In be-social projects you can specify a minimum sum ("Funding Target") for the total volume of donations. You can also set a deadline within which donations can be made. However, be-social projects can also be posted without any restrictions as to the amount or deadline.
In be-social projects without a funding target, donations by Supporters are paid to the Mover immediately upon confirmation of the donation. In the case of be-social projects with a funding target, donations are paid to the Mover once the funding target has been attained or exceeded.
In the case of be-social projects with a funding target and a deadline, the project is closed and confirmed donations will not be disbursed if the funding target has not been met by the time the deadline expires.
b) be-creative – reward
In the case of be-creative projects, you can set a funding target and, if you wish, a maximum amount (“funding limit”) for the total sum of all pledges. You can also specify an offer period (e.g. one month), which, with YouCan’s consent, can be extended once for a further one month on expiry of the initial campaign.
The project will end early if the funding limit is attained before the offer period ends.
Pledges are disbursed within 16 days of expiry of the offer period or the early closure of the project.
If the funding target is not met by the time the offer period ends, the project will be closed and confirmed pledges will not be disbursed.
c) be-business – invest
In the case of be-business projects, you can set a funding target and a funding limit for the total sum of the loans. You can also stipulate an offer period e.g. one month, which, with YouCan’s consent, can be extended once for a further one month on expiry of the initial campaign.
The project will end early if the funding limit is attained prior to the expiry of the offer period.
Loans will be disbursed within 16 days of the expiry of the offer period or early closure of the project.
If the funding target has not been met by the time the offer period expires, the project will end and all loan agreements concluded are rendered invalid.
(6) If you are an entrepreneur within the definition set forth in Section 1(3), you are required in the case of be-creative and be-business projects to provide your Supporters with the consumer protection information required by law and to notify them of any cancellation right or right of return. If you receive valid notice of cancellation, you must notify YouCan of this without delay, in writing.
(7) As a Mover, you are responsible for your actions and projects on YouCanToo, as well as for all content uploaded by you and the accuracy thereof. Before uploading content, you must ensure that the content made available does not breach statutory provisions, moral standards or third party rights. In particular, you are prohibited from the following:
– uploading, disseminating, providing and advertising content that is pornographic in nature, in breach of laws on the protection of young persons, data protection laws and/or other laws and/or fraudulent content, services and/or products;
– using content that is insulting or slanderous to other users or third parties;
– using, making available and disseminating content, services and/or products that are subject to statutory protection or subject to third party rights (e.g. copyright) without express authorization.
Furthermore, irrespective of any breach of the law when uploading content, the following is strictly prohibited:
– distributing viruses, Trojans and other harmful files;
– disseminating content or communications that are offensive, of a sexual nature, obscene or defamatory. You must also refrain from uploading any content or making any communication that could be construed as being capable of promoting or supporting racism, fanaticism, hate, physical violence or illegal acts (in each case both explicitly or implicitly).
All acts capable of impeding the operation of YouCanToo, in particular unreasonably overloading our IT-systems, are also prohibited.
Furthermore, all projects in which donations are to be used primarily for religious or political purposes are also prohibited.
In the event of a breach of the preceding obligations, we are authorized to close the project immediately and to temporarily or permanently block your user account. In the event of any third party claims arising under or in relation to a breach of the aforementioned obligations, you are required to release us from all liability.
Section 6
Use as a Supporter
(1) As a Supporter, you can provide financial support for Mover’s projects via YouCanToo. You can make donations through a be-social or be-creative project. In the case of be-business projects, you can grant subordinated profit-participation loans.
(2) As a Supporter, you are personally responsible for evaluating the projects and taking the decision as to whether to make a donation, or grant a pledge or a loan. YouCan does not review the content of the projects in any way. The user relationship does not comprise any financial, tax or legal advice by YouCan and YouCan shall not assume any liability for the accuracy and completeness of the information provided in the projects.
(3) Please note that the grant of subordinated profit-participation loans entails considerable risks for Supporters and Supporters can lose their invested capital in full or in part. There is no guarantee that Supporters will receive interest payments or bonus payments. Prior to any decision on the grant of subordinated profit-participation loans to a Mover, potential Supporters are advised to read all information made available on YouCanToo concerning the Mover and the subordinated profit-participation loan carefully and to give due consideration to this information when making investment decisions. Furthermore, before taking any decision, potential Supporters are advised to seek expert advice on the legal, financial and tax consequences of granting a subordinated profit-participation loan.
Section 7
Remuneration, Costs
(1) It is free to register with and use YouCanToo as a Supporter.
(2) If you start a project as a Mover, we charge a fee for each project, calculated on the basis of the donations, pledges and loans disbursed. For further information on our fees, please refer to our price list. We reserve the right to amend prices.
(3) At the commencement of a project, initially authorization is granted for the disbursement of the highest possible fee based on the funding limit or, in the case of projects without a funding limit, the sum of Euro 2,000.00. The fee is then charged based on the actual disbursed donations, pledges and loans and is due for payment on disbursement of the donation or loan by the Supporter to the Mover. We will send the Mover an invoice by e-mail. In the case of projects without a funding target, we reserve the right to charge fees on a monthly basis. Any PayPal fees incurred are to be borne by the Mover.
Section 8
Provision, Availability
(1) The use of YouCanToo implies that you are in possession of the requisite technical means to access the platform on the Internet.
(2) We endeavour to ensure that YouCanToo can be used at all times, and to the extent possible without interruption. However, maintenance work, developments or technical disruptions (such as e.g. interruption to power supplies, hardware and software defects, technical issues in data lines) may result in temporary disruptions or restrictions. We are not liable for any circumstances beyond our control and outside our responsibility.
(3) We are authorised to temporarily restrict access to YouCanToo at any time if this is necessary on account of capacity limits, the safety or integrity of our servers or where this is absolutely necessary for the performance of technical measures and serves the proper or improved provision of our services. It may be necessary to restrict access to YouCanToo in particular for the purposes of preventing online attacks.
(4) We reserve the right to amend the services offered on YouCanToo or to offer different or supplementary services. When doing so, we will always give due consideration to your legitimate interests.
(5) In the event of the unavailability of the platform as a result of unforeseeable events such as force majeure , war, industrial action, natural disasters and other events beyond our control for which we are not responsible, we are released from our contractual duties for the duration of such disruption and to the extent of its effects. In such cases, both you and YouCan are under an obligation to amend the mutual obligations in good faith to reflect the altered circumstances.
Section 9
Protecting Content, Responsibility for Third-Party Content
(1) The content available on YouCanToo is for the most part protected by copyright, trade mark and competition laws or other proprietary rights and is in each case owned by us, our Movers or other third parties who make the content concerned available. The compilation of the content on the platform is also subject to copyright protection. You are permitted to use this content only as stipulated in these Terms of Use within the framework provided on the platform.
(2) The content available on the platform originates in part from us and in part from Movers or other third parties. Content of Movers or other third parties will be referred to collectively hereinafter as “third party content”.
(3) We do not perform any review of the comprehensiveness, accuracy and legality of third party content and therefore shall not assume any responsibility or guarantee whatsoever for the comprehensiveness, accuracy, legality and topicality of such content. This also applies with respect to the quality of third party content and the suitability thereof for a specific purpose.
Section 10
Data Protection
Your personal data is processed subject to strict compliance with data protection laws. Further information is available in our Data Protection Policy.
Section 11
Blocking Access and Deletion of Content
(1) We are authorised to temporarily or permanently block your access to YouCanToo in whole or in part at our reasonable discretion if there are concrete indications that you are or have been in breach of these Terms of Use and/or applicable law, or if we have some other legitimate interest in blocking access. When taking the decision to block an account, due consideration will be given to your legitimate interests. If, despite warning, you repeatedly breach these Terms of Use, we reserve the right to block your access permanently.
(2) In the case of the temporary or permanent blocking of your account, your access authorisation will be blocked and you will receive e-mail notification.
(3) In the case of temporary blockage of your account, your access authorisation will be reactivated on expiry of the barred period or final resolution of the grounds for the blockage, and you will receive e-mail notification. Permanently blocked access cannot be reversed. Persons who have been permanently blocked are permanently excluded from using the platform and are not permitted to re-register.
Section 12
End of the User Relationship
(1) You can cancel your free user account at any time, terminating your involvement by permanently deleting your user account. We also reserve the right to terminate free access in whole or for certain services with a notice period of fourteen (14) calendar days. This is without prejudice to the right to terminate for good cause (“ aus wichtigem Grund ”).
(2) If at the time of termination you are still offering projects as a Mover, these will be blocked and closed upon termination of the user relationship. The Mover is responsible for the processing of any contracts concluded with Supporters.
(3) Any notice of termination of your use of YouCanToo must be made in writing (e.g. e-mail, fax or letter).
(4) Following the entry into force of the termination, we will delete your user profile and any data stored for this purpose.
Section 13
Defects, Liability
(1) We will ensure the functioning and availability for use of YouCanToo in accordance with the provisions of these Terms of Use. Any defects in YouCanToo will be resolved without delay within the scope of what is technically possible. A defect is present if YouCanToo does not perform the stated functions, provides defective results or does not otherwise work as intended, precluding or restricting the use of YouCanToo. All further claims to defects are excluded.
(2) Within the scope of your use of YouCanToo, YouCan is liable in accordance with the following provisions:
– We are liable without restriction for damage caused intentionally or as a result of gross negligence.
– We are liable for damage resulting from failure to comply with any guarantees submitted in writing within the scope covered by the guarantee and evident at the time the guarantee was submitted.
– In cases of product liability, we are liable in accordance with the Product Liability Act ( Produkthaftungsgesetz ).
– We are not liable for simple negligent breach of non-material contractual duties. Our liability for damage caused by simple negligence is limited to typical foreseeable damage for this type of contract. This also applies to negligent breaches of duty on the part of our legal representatives, executive staff or agents.
– If you are an entrepreneur within the definition of Section 14 BGB, the parties agree that typical foreseeable damage for this kind of contract resulting from breaches of duty under this agreement shall not exceed the sum of Euro 1,000.
– The preceding limitation of liability does not apply in the case of fraudulent intent, in the case of physical or personal damage, to the breach of guarantees and to claims relating to product liability law. This is without prejudice to any statutory limitations of liability (e.g. in accordance with Section 44a Telecommunications Act, TKG), which derogate in our favour from the preceding provisions.
– We do not accept any further liability.
Section 14
Amendments to these Terms of Use
We reserve the right to amend these Terms of Use at any time and without the need to state grounds. We will send you the amended Terms of Use by e-mail no later than four weeks before they enter into force. We will also provide notice of the amendment of these Terms of Use on YouCanToo. If you do not object to the amended Terms of Use within four weeks of receipt of notice of the amendment, you are deemed to have accepted the amended Terms of Use. In the event that you do object, the user relationship will continue subject to the previously applicable conditions. In the event of an objection, we reserve the right to terminate the user relationship in accordance with Section 11. The notice of amendment will contain information on your right to object and the consequences of doing so.
Section 15
Final Provisions
(1) These Terms of Use and the legal relationship between YouCan and you are governed by the laws of the Federal Republic of Germany. If you are a businessperson, the exclusive legal venue for all disputes is the registered seat of YouCan. However, we are also authorized to bring actions at your general legal venue.
(2) Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remainder of the provisions. In this case, the invalid provision will be replaced by means of amendment of the contract with a legally valid provision that comes closest to achieving the purpose of the original, invalid provision. This applies accordingly in the event of any omissions.
Section 16
3rd Party (MangoPay)
(1) Deviant of section 3.3 in the terms of use of Mangopay these terms shall prevail exclusively for Users, as long as the there required documents are not uploaded: User can only mandate values for up to €100 per month.
(2) By accepting these Terms and Conditions you implicitly agree to the Terms and Conditions of our payment provider Mangopay,
Stuttgart, April 03 2016
YouCan GmbH