General Terms and Conditions of MYFUNDBOX GmbH

Scope of Application
MYFUNDBOX GmbH (hereinafter referred to as MYFUNDBOX) provides its services within the framework of contract initiation on the basis of these terms and conditions, which become an integral part of the performance contract. Deviations from these terms are only effective if confirmed in writing by MYFUNDBOX. MYFUNDBOX is authorized to change these general terms and conditions at any time with reasonable notice. After publication of a change notice, the customer has an extraordinary right of termination. Changes are deemed approved if the customer does not object to them in writing within 14 days.

Conclusion of Contract
The contract for the use of services offered by MYFUNDBOX is established when an authorized representative of MYFUNDBOX accepts the order placed by the customer. Acceptance is confirmed implicitly or in writing through the first act of performance. To the extent that MYFUNDBOX uses third parties to fulfill the agreed service, they do not become contract partners of the customer. MYFUNDBOX is authorized to refuse the conclusion of a contract without stating reasons.

Contract Duration and Termination
Contracts begin on the date of the first act of performance, unless otherwise agreed in the performance contract. Contracts are concluded for an indefinite period and can be ordinarily terminated by both contract parties with a notice period of 14 days to the end of the contract. Contracts extend automatically by the term of the booked subscription. The right of both parties to extraordinary termination (termination for cause) remains unaffected. Any trial access ends automatically upon expiry of the respective trial period and does not require termination. The revocation of the direct debit mandate is equivalent to an extraordinary termination. Termination can be made by email or letter and becomes effective upon receipt. Fees already paid will not be refunded. Termination of a MYFUNDBOX subscription also terminates any existing PayPal subscription. After the subscription expires, the user's access to the system will be blocked.

Scope of Services
MYFUNDBOX provides the customer with the technical conditions for publishing programs on the internet in accordance with the respective performance contract and guarantees the customer portal availability of 99.9% of the respective product as an annual average. This excludes times when servers are unreachable via the internet due to technical or other problems outside of MYFUNDBOX's control (force majeure, fault of third parties, etc.). Planned or necessary maintenance work that leads to downtime and was previously announced as a maintenance window is counted as available. Further components of the service obligation are the contractually agreed service packages and options. MYFUNDBOX reserves the right to modify or improve services. In the event of restrictions to the scope of services, the customer has an extraordinary right of termination. If services are provided free of charge, MYFUNDBOX is authorized to discontinue them at any time without notice. No claim for reduction, refund, or damages can be asserted as a result. In the event of a fundamental change in the legal or technical standards on the internet, MYFUNDBOX is allowed to terminate extraordinarily if it becomes unreasonable for MYFUNDBOX to provide its services in whole or in part within the scope of the contract purpose.

Confidentiality and Data Protection
MYFUNDBOX undertakes to maintain the secrecy of all information and documents accessible in connection with the conclusion of the contract that are designated as confidential or are clearly recognizable as business or trade secrets of the customer - unless required to achieve the purpose of the contract - and neither to record, pass on, nor exploit them. MYFUNDBOX has ensured through suitable contractual agreements with its employees and/or agents that they also refrain from any exploitation, disclosure, or unauthorized recording of such trade and business secrets. Corresponding obligations apply to the customer with regard to MYFUNDBOX's trade and business secrets. The customer agrees that personal data received within the scope of business relations will be stored electronically and processed automatically for the purpose of processing the business relationship. The customer is hereby informed that MYFUNDBOX and appointed agents process your data by machine in accordance with Section 33 Paragraph 1 of the Federal Data Protection Act and Section 4 of the Teleservices Data Protection Act (TDDSG). The customer is entitled to request the data stored about them or their pseudonym from MYFUNDBOX at any time free of charge. MYFUNDBOX undertakes to use this data solely for service provision and not to pass it on to third parties unless these third parties are involved in the service creation. Unless otherwise agreed, the customer permits communication via email. Despite all care, computer viruses or similar can be transmitted during email communication. The customer must take appropriate security precautions to prevent damage to their systems. Emails can be read by third parties. This risk can be reduced through encryption but not completely excluded. The customer accepts this.

Payment Conditions
All prices specified by MYFUNDBOX are exclusive of statutory VAT unless otherwise marked. The agreed basic fees are payable in advance in accordance with the contractual agreement and are due upon receipt of the invoice. Payments from the client to the contractor for use within internet services or for further products within the system can be made by electronic direct debit, credit card, and PayPal via MYFUNDBOX or via the service provider Stripe or GoCardless. In the case of billing via MYFUNDBOX, MYFUNDBOX is authorized by the customer to collect the payment to be made by them to the account to be named by the customer. In the case of returned direct debits, MYFUNDBOX is authorized to charge a flat-rate processing fee of €8.00 per direct debit. If the monthly or annual costs for the subscription cannot be debited from the credit card or account on time, the user's access to the system will be blocked. Access to the system will be released again after receipt of payment. Offsetting with contested and not legally established counterclaims, as well as the retention of payments by the customer due to counterclaims from other contractual relationships, are excluded. Payments are always credited to the oldest outstanding claim. A change from a monthly to an annual subscription is possible with effect from the first day of the next billing month. The subscription is then automatically extended by one year. The same applies to switching from a monthly / annual subscription to another monthly / annual subscription. A change from an annual to a monthly subscription is possible up to the last day of the billing year and with effect from the first day of the next billing year, provided the possibility of a monthly subscription exists. The subscription then continues automatically in a monthly rhythm.

Customer Duties of Cooperation
The customer is obliged to ensure sufficient funds are in the account specified in the direct debit authorization. The customer guarantees that the information provided by them is correct and complete and that they do not receive the services of MYFUNDBOX as a consumer. They undertake to inform MYFUNDBOX immediately of changes to the data provided (in particular regarding changes to the customer's bank account data). The customer indemnifies MYFUNDBOX against all third-party claims arising from the infringement of their intellectual property rights by the content presented or transmitted by the customer via the internet. The indemnification is such that the customer has to compensate MYFUNDBOX for the entire effort incurred, including costs of legal defense arising from claims by the third party.

Customer Liability
The customer is liable for all damages and legal consequences incurred by MYFUNDBOX or its agents through abusive or illegal use of the portal.

Limitations of Liability
Claims for damages due to breach of duty arising from a contractual obligation and due to tort can only be asserted against MYFUNDBOX and its agents and vicarious agents if intentional or grossly negligent action can be proven. The aforementioned exclusion of liability does not apply to the breach of essential contractual obligations (cardinal obligations). Likewise, MYFUNDBOX's liability for guaranteed properties, personal injury, and mandatory statutory regulations remains unaffected. MYFUNDBOX is not responsible for performance disruptions due to force majeure, in particular the failure or overload of global communication networks. For this reason, the customer cannot claim a reduction in their obligation to perform. MYFUNDBOX is not liable for information published via its services. The sender is responsible for its accuracy, completeness, and timeliness. MYFUNDBOX is not liable for damages that may occur on the customer side due to a lack of security precautions during data transmission. A possible liability for damages is limited to the amount of the annual fee. Liability for damages resulting from data loss is limited to the amount that would have been incurred with proper data backup, up to a maximum of the annual fee. The customer's claims for damages expire one year after they arise, without prejudice to the provision of Section 202 BGB. This shortening does not apply if MYFUNDBOX has acted with gross negligence or intent.

Severability Clause
Should a provision of these terms and conditions be ineffective, the effectiveness of the remaining provisions shall not be affected.

Applicable Law, Jurisdiction
German law applies. The place of jurisdiction for all disputes arising from the contractual relationship of the parties is Wolfsburg.
As of: February 15, 2019

Cancellation Policy

Right of Withdrawal
You may withdraw your contractual declaration within two weeks without stating reasons in text form (e.g., letter, email) or - if the item is delivered to you before the expiry of the period - by returning the item. The period begins after receipt of this policy in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Section 312c Paragraph 1 BGB in conjunction with Art. 246 Sections 1 and 2 EGBGB as well as our obligations pursuant to Section 312e Paragraph 1 Sentence 1 BGB in conjunction with Art. 246 Section 3 EGBGB. To comply with the withdrawal period, timely dispatch of the withdrawal or the item is sufficient. The withdrawal must be addressed to:
MYFUNDBOX GmbH
Markthalle - Space for Digital Ideas
Porsche Str. 2c
38440 Wolfsburg
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Email: support@myfundbox.com

Consequences of Withdrawal
In the event of an effective withdrawal, services received by both parties must be returned and any benefits derived (e.g., interest) surrendered. If you are unable to return the service received in whole or in part, or only in a deteriorated condition, you may have to pay compensation in this respect. In the case of items, this does not apply if the deterioration of the item is exclusively due to its examination - as would have been possible for you in a retail store. You do not have to pay compensation for deterioration caused by the intended use of the item. Items capable of being sent by parcel are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item at the time of withdrawal, you have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items not capable of being sent by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of withdrawal or the item, for us with its receipt.