The present Agreement (hereinafter referred to as "the Agreement”) of use of PrivateCrowd crowdfunding platform (hereinafter referred to as "the Platform”) is made by and between:

Operator

UAB “BOURGEOIS BOHEME FINTECH", legal entity ‘s code 304929852, having its registered office at: Mesiniu str. 5 LT-01133, Vilnius, Lithuania .

Funder

You or the company that you are authorised to represent.

The Operator and the Funder are collectively referred to as the “Parties” and individually referred to as “ Party”.

The terms used in this Agreement shall have the same meaning as they are defined in the Rules of the Use of the PrivateCrowd crowdfunding platform (hereinafter referred to as "the Rules") unless otherwise provided in this Agreement.

  • I. GENERAL PROVISIONS

    • On the basis of this Agreement, the Operator shall provide crowdfunding services to the Funder, enabling the Funder to finance Projects announced on the Platform by concluding Funding Transactions (hereinafter referred to as the “Services”).
    • The Rules, including all annexes and integral parts of it, shall form an integral part of this Agreement.
  • II. THE SERVICE OPERATING CONDITIONS

    • Before using the Platform and Operator’s Services, the Funder shall carefully read this Agreement and the Rules and provide to the Operator all required information (including the information necessary to identify the Funder).
    • When concluding Funding Transactions, the Funder shall assess the risk and appropriateness of the transaction for the Funder and, where necessary, take advantage of specialist consolations. The Operator has no obligation to assess the appropriateness of the Funding Transactions concluded by the Funders, the Funder himself assesses the appropriateness of the particular Funding Transaction and assumes the risk of the Funding Transaction.
    • Funder hereby confirms that he / she has carefully studied, expresses consent with this document and undertakes to adhere to MANGOPAY PAYMENT SERVICES FRAMEWORK CONTRACT which is applied and relevant to the Funder regarding account opened in the Electronic Money Institution. The present MANGOPAY PAYMENT SERVICES FRAMEWORK CONTRACT is a document of significant importance which shall be carefully examined by the Funder before the Funder decides to open an account with Electronic Money Institution and use services provided by Electronic Money Institution.
  • III. REMUNERATION

    • 3.1. The Funder’s registration on the Platform is free. The information about other applicable taxes is provided in the Annex 1 to this Agreement
    • 3.2. The Operator shall have the right to unilaterally decide on the introduction of new taxes or changes to existing taxes. The Operator should announce about introduction of new taxes or changes to existing taxes on the Platform no later than 30 days prior to the date of their entry into force.
  • IV. AUTHORISATIONS

    • This Agreement is also a power of attorney by which the Funder authorizes the Operator (with the right to reauthorize) to perform the following actions on behalf of the Funder with regard to the implementation of the Funding Transactions concluded by the Funder:
      • to conclude and to sign (where appropriate, also in notary public) any documents, related to the conclusion of Funding Transactions and to the implementation of the concluded Funding Transactions;
      • to conclude and to sign all necessary Collateral Documents (where appropriate, also in notary public) in order to conclude and to register the Collateral Documents in the Public Registers (in the case, if Collateral Documents should be registered in the Public Register) (in cases when applicable);
      • the Funder gives his / her consent that the Operator will be specified as a mortgage lender acting as the Funder’s (and other Funders’) representative in the Collateral Documents (in cases when applicable);
      • to provide and to receive any documents, including, but not limited to, contracts, agreements, declarations, certificates, reports, statements, notifications, approvals or any other documents related to the implementation of the Funding Transactions to the relevant institutions, companies, organizations, legal and other persons;
      • in the event, that the Project Owner fails to fulfill its obligations under the Agreement (as it is defined in the Agreement) or / and in the event of insolvency or bankruptcy of Project Owner, the Funder undertakes to authorize the Operator at its discretion to take all necessary steps to realize the Means of Security of Obligations for the benefit of the Funder (in cases when applicable) (and other Funders), including but not limited to: (i) to encourage the Project Owner to fulfill its obligations under the Agreement; (ii) to sign and submit all necessary documents to a notary in order to enforce the Means of Security of Obligations; (iii) to sign and submit to the bailiff the enforcement documents; and (iv) to carry out any other actions required to enforce the Means of Security of Obligations;
      • to carry out any other actions related to the above-mentioned.
    • Where necessary, the Funder undertakes to submit and sign all documents required for the implementation of the above-mentioned actions.
    • The Funder undertakes to sign and submit a separate power of attorney to authorize the Operator to perform the above-mentioned actions, if it would be requested by the Operator.
  • V. THE CONDITIONS FOR LIABILITY

    • Operator shall not be responsible for the correctness and completeness of information provided about the Project.
    • The Operator‘s liability shall arise only in respect of the damage caused by the Operator‘s deliberate conduct or gross negligence and only in respect of direct losses incurred, which must be proved by the Funder.
    • The Operator shall not be and may not be held liable for:
      • The Project Owner’s failure to properly and timely fulfil the obligations under the Funding Transactions;
      • the correctness, completeness and conformance of the data with reality provided by the Project Owner;
      • the total investment amount that will be collected;
      • the disruptions and / or failures of Platform IT systems and / or Internet connection;
      • 5other circumstances specified in the Rules.
  • VI. PERSONAL DATA

    • The Operator shall collect and process the Funder’s personal data for the purposes of the fulfillment of this Agreement and / or performance of related obligations and for the purposes of prevention of money laundering and terrorist financing, also in other cases where the Operator has / should have the obligation to collect and manage the Funder’s personal data in accordance with the requirements of legal acts of the Republic of Lithuania.
    • The Funder has the rights provided for in the General Data Protection Regulation, Law on Legal Protection of Personal Data of the Republic of Lithuania and other applicable legislation.
  • VII. CONCLUSION AND VALIDY OF THE AGREEMENT

    • The present Agreement comes into force from the moment the identity of the Funder is established and after the Funder assesses the appropriateness of the particular Funding Transaction and assumes the risk of the Funding Transaction.
    • The Operator will be deemed to have approved the conclusion of this Agreement by submitting it to the Funder.
  • VIII. FINAL PROVISIONS

    • The Funder cannot transfer the rights and obligations arising from this Agreement to a third party without the prior consent of the other Party.
    • No modification or amendment to this Agreement thereof shall be effective unless made in writing.
    • The present Agreement shall be governed by the law of the Republic of Lithuania.
    • In the event that the Funder is a consumer, disputes between the Parties shall be settled in accordance with the procedure for resolution of disputes of consumers established by the Operator.
    • In the event that the Funder is not a consumer and in the event that the dispute between the Funder and the Operator may not be settled by way of negotiations, the dispute shall be finally resolved by Lithuanian courts.

  • ANNEX 1


    TO THE AGREEMENT OF USE OF THE PRIVATECROWD CROWDFUNDING PLATFORM


    The present Annex 1 to the Agreement of Use of the PrivateCrowd crowdfunding platform (hereinafter referred to as "the Agreement”) of use of PrivateCrowd crowdfunding platform (hereinafter referred to as "the Platform”) is made by and between:

    Operator

    UAB “BOURGEOIS BOHEME FINTECH", legal entity‘s code 304929852, having its registered office at: Mesiniu str. 5 LT-01133, Vilnius, Lithuania

    Funder

    You or the company that you are authorised to represent.

    The Operator and the Funder are collectively referred to as the “Parties” and individually referred to as “Party”.

    The Parties, according to the Part III. of the Agreement, hereby agree on the Applicable fees for the Funder as described below:

    Payment procedure

    SERVICING FEE

    % / year

    Paid after the Funder’s investment according to the invoice issued by the Operator.

    NOTE: the fee shall be paid once a year by the Funder only in cases when the Operator provides additional services to the Funder on updating information of the Funder’s investment status.

    Raised funds:


    On first EUR 500.000

    2,5 %

    EUR 500.000 to EUR 2.000.000

    2 %

    Over EUR 2.000.000

    1,5 %

    By approval of this Annex 1 to the Agreement, the Funder confirms that he / she is aware of the possible additional transaction fees, imposed by the Electronic Money Institution, which may apply. Full information about all fees for using services of the Electronic Money Institution is available here .