TERMS AND CONDITIONS
on the use of the LINUS Digital Finance Platform
Linus Digital Finance AG, with its registered office at Alexanderstraße 7, 10178 Berlin (hereinafter referred to as "LINUS" or "We"), is the operator of the digital LINUS Digital Finance investment platform accessible at www.linus-finance.com (the "LINUS Platform"). You (the "User") have the opportunity to create a free user account on our LINUS platform in order to gain exclusive access to real estate investments and relevant information and documents as well as the investment brokerage services of LINUS or companies affiliated with LINUS pursuant to sections 15 et seq. of the German Stock Corporation Act (AktG). German Stock Corporation Act (AktG) (the "LINUS Group") and to manage the investments you have made in investment solutions of the LINUS Group.
Depending on the type of real estate investment offered in each case, only certain groups of people are eligible as investors (so-called investor types). Some of the investment solutions available on our LINUS platform are reserved for professional and semi-professional investors within the meaning of § 1 para. 19 nos. 32, 33 of the German Investment Code (KAGB), other investments are also open to other investors, in particular private investors (cf. § 1 para. 19 no. 31 KAGB), but are subject to certain further minimum requirements. In the event of your registration as a user of our LINUS platform, our relationship managers will discuss the more detailed requirements of the respective investment solutions of the LINUS Group with you and make all preparations to make a future investment as easy and convenient as possible for you.
Scope of these General Terms and Conditions:
- These General Terms and Conditions govern the mutual rights and obligations of LINUS and the User in the event of the conclusion of a contract on the use of the LINUS platform (platform usage contract). Any terms and conditions of the user deviating from these General Terms and Conditions shall not apply.
- The brokerage of financial investments by Linus Relationship Management GmbH is not the subject of the platform usage contract and these General Terms and Conditions. If, in the course of using our LINUS platform, you opt for investment brokerage by Linus Relationship Management GmbH, the latter will conclude a separate investment brokerage contract with you.
- These General Terms and Conditions do not apply to investment transactions or contracts. If you decide to make an investment within the scope of using our LINUS platform, your contract will be concluded separately with the respective trust or investment company or the issuer of the LINUS Group.
i. Conclusion of contract:
- The platform usage contract is concluded when you register as a user on our LINUS platform by entering your name and e-mail address and clicking on the "Register now" button.
- If you register in your capacity as a representative of a third party, the user contract is concluded with this third party. By registering, you declare that you are authorised by this third party and that you have obtained all declarations from the third party that may be required in order to be able to transfer their data to LINUS for the purpose of further processing by LINUS.
iii. Performance obligations of LINUS
- LINUS undertakes to provide the LINUS platform to the user within the framework of the platform usage contract. The performance obligations of LINUS include in particular the following services:
a) to provide the user with a personal user account for the administration of his data and investments and to maintain this user account for the duration of the platform usage agreement;
b)to make available to the user investment solutions as well as information and documents on these investment solutions, in particular so-called investment memoranda, of the trust or investment company or issuer of the LINUS Group on the LINUS platform, to send them by post or electronically (in particular by e-mail and SMS) and/or to inform the user thereof by telephone;
c) to discuss together with the user in one or more personal meetings (telephone call or video conference) which investor type the user is and which investment solution of the LINUS Group comes into consideration for the user as an investor on the basis of this investor type qualification ("Investor Qualification Call");
d) to keep the data provided by the user ready for transmission to the respective investment or brokerage company of the LINUS Group at any time; and
e) to enable the user to retrieve contract data and information (in particular on the project status) on the investments made by him in investment solutions of the LINUS Group and their management in his user account.
The services of LINUS mentioned under III.1 are free of charge for the user. Any claims of companies affiliated with LINUS pursuant to §§ 15 ff. AktG remain unaffected.
3. This platform usage agreement does not establish any obligations of LINUS towards the user for the provision of investment brokerage services. LINUS Group companies do not provide investment advice. Within the framework of the platform usage agreement, LINUS exclusively provides information and services that are upstream or downstream of possible investment brokerage services provided by companies of the LINUS Group.
IV. General obligations of the user
- The user undertakes,
a) to keep the access data to his user account secret and to take reasonable measures to protect his access data from unauthorised access;
b) to provide his contact details (name, address, e-mail address, telephone number) truthfully and to inform LINUS immediately if his contact details change;
c) not to misuse his/her user account for illegal or otherwise improper purposes; and
d) to use the LINUS platform exclusively for himself/herself as the beneficial owner and not to grant third parties access to the LINUS platform.
- In the event of a breach by the user of his obligations under clause IV.1, LINUS is entitled to,
a) to temporarily block the user's account or, if necessary, to permanently delete it;
b) in the event of fault on the part of the user, to demand compensation for damages, including indemnification against claims by third parties.
V. Confidentiality obligations of the user
- The user undertakes to keep confidential all Confidential Information (as defined in section V.2 below) provided to him by the LINUS Group. He/she shall not make this Confidential Information available to third parties, subject to the provision in clause V.4, and shall use it exclusively to inform himself/herself personally about investment solutions of the LINUS Group that are available to him/her. The transmission of Confidential Information by LINUS Group companies does not constitute the granting of a licence unless expressly agreed otherwise.
- Confidential Information and Documents shall mean all information, data, drafts, plans, specifications and documents, whether oral, written, electronically stored or in any other form, made available or provided to the User by LINUS Group Companies and any copies and records made thereof and documents prepared (hereinafter referred to as "Confidential Information").
- The obligation of confidentiality shall not apply to Confidential Information,
a) which the user already possesses at the time of the transfer without an obligation to maintain confidentiality or which was already known to the user or
b) which has already been published at the aforementioned time or which is published later by third parties through no fault of the user or
c) which the user has lawfully received from a third party without any obligation of confidentiality, or
d) which LINUS has expressly released by written declaration to the user or
e) which must be disclosed due to legal regulations.
- The User shall take all appropriate measures to ensure confidentiality, in particular the User shall only disclose Confidential Information to persons who need to receive such Confidential Information in an advisory capacity to the User and who are in turn bound to confidentiality to the extent described above.
Clause IV.2 shall apply accordingly in the event of a breach by the User of its obligations under Clause V.
VI Term and Termination of the Platform Usage Agreement
- The platform usage contract is concluded for an indefinite period.
- The user may terminate the platform usage contract at any time without notice. LINUS is entitled to terminate the platform usage agreement by giving four weeks' notice. The right of the parties to extraordinary termination for good cause remains unaffected.
- The termination must be made at least in text form (§ 126 b BGB).
VII Liability and limitation of liability
- LINUS endeavours to keep the LINUS platform available as far as technically feasible and economically reasonable. However, availability may be temporarily limited, in particular due to necessary maintenance work or technical reasons beyond the control of LINUS. LINUS gives no warranty in this respect and reserves the right to restrict access to the LINUS platform at any time, temporarily and to the extent necessary in each case.
- The information and documents provided by LINUS to the user within the scope of this platform usage agreement expressly do not claim to contain all the information required for the assessment of the respective investment offered.
- LINUS shall be liable to the User within the scope of this platform usage agreement for intent and gross negligence as well as for damages resulting from injury to life, body or health caused by a culpable breach of duty by LINUS or by a legal representative or vicarious agent of LINUS. For damages resulting from a slightly negligent breach of material contractual obligations, LINUS shall only be liable for the foreseeable damage typical for the contract. Material contractual obligations are obligations the fulfilment of which is a prerequisite for the proper performance of the platform usage agreement with LINUS and on the observance of which the user regularly relies and may rely. In all other cases, the liability of LINUS is excluded.
VIII Final Provisions
- The Platform Usage Agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of its conflict of law rules. The contractual language is German. Any translation into English shall be for information purposes only in the sense of a convenience translation.
- Claims arising from or in connection with this platform usage agreement shall be asserted before the courts of Berlin. If the user is not a consumer within the meaning of § 14 BGB (German Civil Code), Berlin is agreed as the exclusive place of jurisdiction, unless there is a legally binding place of jurisdiction.
Status: May 2022