Conditions

About the Prototron fundraising campaign cooperation with Fundwise platform

  • You are currently looking at the subdomain of Fundwise, prototron.fundwise.me, where you can see young entrepreneurs making their first steps to the real business life. They are Prototron teams presenting their ideas and you can support them by giving them your money.
  • This service is permitted only for natural persons who are of full active legal capacity (at least 18 years of age).
  • You can choose either you want to support one or multiple teams, and you can choose the amount that is suitable for you.
  • After the campaign is over, the money will be transferred to the teams’ bank accounts to enable them to develop their prototypes further. Neither Fundwise nor Protoron will take the money out.
  • Prototron teams need to raise 250€ or more, or the campaign is unsucsessful and all the money will be returned to the backers.
  • The team who will raise the biggest amount of money by the end of the campaign will receive a special prize by Fundwise.
  • The campaign starts on April 29 at 9 AM and will be closed on May 17.
  • The winner will be announced on the Prototron final on May 17 at the Latitude59 conference and the money will be transferred to the teams’ bank accounts shortly after the final.
  • This campaign is only active in the English language due the common practice for startups to communicate in English.
  • As a user, your data will be processed according to the Fundwises Privacy Terms https://fundwise.me/en/privacy

Prototron is a fund created in 2012, which aims to contribute to the birth of new start-ups and world-changing technologies through prototype financing. For more information about Protoron: info@prototron.ee or +372 5191 9983 Contact address: Teaduspargi 6/1,Tallinn 12618, Estonia.

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    TERMS OF DONATION

     
    Welcome to Fundwise.me (Site), which is a platform for crowdfunding.
     
    The Site is made available by Fundwise OÜ, registry code: 12678440, seat: Tallinn, Estonia (Fundwise).
     
    Your use of the Site means that you accept, without amendment, these Terms of Donation and any other operating rules, guidelines, instructions, policies (including the Privacy Policy) and any future amendments thereto (collectively Terms). When accepted by you, the Terms form a legally binding agreement (Agreement) between you and Fundwise. If you do not agree to follow the Terms, please do not read, browse or otherwise use the Site.
     
    Please keep in mind that Fundwise is not a financial institution or a financial adviser, nor does Fundwise provide any financial or investment services. The purpose of the Site is solely to assist Entrepreneurs in finding suitable Donors and Donations within the purposeful scope for developing their business. Legal relationships of the Donation Campaign are entered into directly between Entrepreneurs and Donors, without any participation by Fundwise.
     
    Please keep in mind that by accepting our Terms you are also accepting the General Terms of Service of Fundwise and the General Terms of the Payment Service Provider described under Section 7 below.
     
     

    1. DEFINITIONS

     
    Business Day a day when banks are generally open for business in Estonia;
    Donation Campaign a Donation Campaign organised by an Entrepreneur in accordance with the instructions and rules set forth by the Site;
    Consumer a natural person who concludes a transaction not related to independent economic or professional activities;
    Day a calendar day;

    Entrepreneur a private limited company /osaühing/, public limited company /aktsiaselts/ or savings and loan association that is represented on the Site by a Member, natural person or a team consisting of natural persons and is seeking funding by way of a Donation Campaign;
    Donor a natural or legal person who uses the opportunity to support a Donation Campaign chosen by them for supporting and promoting the business of an Entrepreneur. A Donation Campaign does not provide any financial or non-financial rights to Donors. A Donor can either be a Member or be represented on the Site by a Member;
    Member a natural person who has registered a user account on the Site and been accepted as a Member by Fundwise;
    Payment Service Provider the payment service provider used by Fundwise for the transfer of funds of a Donation Campaign. All transfers of funds are done in euros;
    Privacy Policy a policy available at: https://fundwise.me/en/privacy describing how Fundwise collects, uses and discloses personal data and the steps Fundwise takes to protect such personal data;
    Donations financial support given to Entrepreneurs within the framework of a Donation Campaign and available via the meeting platform (Site) on which Entrepreneurs can search for financial support from Donors;
    Subsidiaries and Affiliates subsidiaries and affiliates of Fundwise all over the world. You hereby acknowledge and agree that Subsidiaries and Affiliates have the right to organise any and all Donation Campaigns;
    User Content any content, videos, audio clips, written comments, data, texts, photographs, software, scripts, graphics and other information and materials submitted to the Site by you;
    You a natural person using the Site representing themselves or any legal person.
     
     
     
     

    2. GENERAL

     
    2.1 Subject to approval by Fundwise and subject to your approval of these Terms, you will become a Member when creating a user account on the Site.
    2.2 No separate user account must be made for a Donation Campaign if you have agreed to the General Terms of Service of the Site of Fundwise and made a user account for the other services offered by Fundwise on the Site.
    2.3 Only Members may participate in Donation Campaigns. Fundwise reserves the right to prohibit participation in Donation Campaigns for any current or potential Members, among other things, for the following reasons:
    (i) the user has a bad credit history;
    (ii) the user has committed fraud/deception or a criminal offence or made a wrong financial decision or is, according to the assessment of Fundwise, unable to fulfil the terms;
    (iii) the user has acted in a manner that compromises the good reputation of Fundwise;
    (iv) the user has provided Fundwise with false data;
    (v) the user is suspected of money laundering or another criminal activity or ethically questionable conduct;
    (vi) the user does not provide Fundwise with all the information necessary for the KYC (Know Your Customer) and/or AML (Anti-Money Laundering) check if Fundwise considers it necessary or if requested by applicable laws.
    2.4 You may only create a user account and become a Member if: (i) you are at least 18 years of age and (ii) no prohibitions have been imposed on you concerning participation in a Donation Campaign under the laws of Estonia or any other country, including the country in which you are a resident or participate in the Donation Campaigns.
    2.5 By giving your approval to these Terms and the General Terms of Service of Fundwise (including to the Privacy Policy), you enter into a legally binding Agreement with Fundwise under these Terms. If you do not agree to the Terms or any amendments thereto, you are prohibited from using the Site.
    2.6 Fundwise reserves the right to make amendments to this Agreement at any time, without notifying the parties to the Agreement thereof in advance. If you continue using the Site and participating in Donation Campaigns, this means that you agree unconditionally to any amendments made to this Agreement at any time. If you do not agree to the Agreement or any amendments thereto, you are prohibited from using the Site and participating in Donation Campaigns. We recommend that you print out the version of the Terms you agree to when registering for the Site for your records.
    2.7 No false data may be provided. Furthermore, you warrant that you are a legal representative of the Entrepreneur or Donor (if this is a legal person) or you have an authorisation issued by that Entrepreneur or Donor whom you represent in order to participate in a Donation Campaign as an Entrepreneur or a Donor.
    2.8 The Agreement only regulates the following relationships; (i) between the Member and Fundwise, (ii) between the Entrepreneur and Fundwise, or (iii) between the Donor and Fundwise. The organisation of Donation Campaigns by Fundwise does not currently require the consent of the Estonian Financial Supervision Authority. However, Fundwise may at any time decide to apply for any authorisation if it wants to provide any additional services that fall under the supervision of the Financial Supervision Authority, FSA or other countries or similar institutions. Hence, Fundwise may need to comply with the Money Laundering and Terrorist Financing Prevention Act in connection with measures against money laundering and terrorist financing pursuant to which Fundwise may be, for example, required to perform certain activities for the identification of its customers (KYC, Know Your Customer) and/or possible Anti-Money Laundering (AML) checks, including collecting personal data from you, which will be done, among other things, when registering a user account with Fundwise and before starting the funding of any Donation Campaign. If this happens, Fundwise will amend these Terms and the regular procedure for accepting or rejecting the amendments as set out in Section 15 will apply. At the request of Fundwise, you must provide Fundwise with information and documents that Fundwise deems, at its sole discretion, necessary or suitable in order to perform KYC and/or AML checks.
     
     

    3. USER ACCOUNT AND PASSWORD

     
    3.1 Some pages of this Site are open to all users and may be browsed by any visitor. However, to become a Member and participate in a Donation Campaign, you must create a user account in accordance with the instructions set forth by the Site, for which the approval of Fundwise must be obtained pursuant to Section 2. In accordance with Section 2.2, no separate user account must be held to participate in a Donation Campaign if you have agreed to the General Terms of Service of the Site of Fundwise and made a user account for the other services of the Site.
    3.2 You can create a user account using one of the following options: (i) create a user account on the Site, providing all the necessary data asked, or (ii) register via a selected social media account (such as Facebook or LinkedIn), or (iii) use your identity card if this function can be used for logging in to the Site.
    3.3 When creating a user account, the first name and surname indicated by you must coincide with your actual names because the actual name is necessary for proving your legitimate interests in order to ensure reliability between Fundwise and its Members. The password selected by you must provide your user account with sufficient protection. Fundwise has the right to correct your name if it is not in compliance with the requirements of this Section or if it is incorrect.
    3.4 When the user account has been confirmed and approved by Fundwise, you will become a Member. Members may be (i) Donors and/or (ii) potential Donors who want to participate in Donation Campaigns, and/or (iii) Entrepreneurs seeking funding for their Donation Campaign.
    3.5 Once you have created a user account and logged in, you may be asked to submit additional information about yourself to help Fundwise tailor the information to be displayed to you on the Site.
    3.6 You agree and warrant that you do not disclose (intentionally or due to negligence) the user name or password of your user account to any third party or otherwise provide any third party with an opportunity to use your user account. If you have reason to believe that a third party has gained access to your user account, you must notify Fundwise thereof without delay. Please keep in mind that you are responsible for all the activities related to the use of your user account.
     
     

    4. IDENTIFICATION AND SUBMISSION OF DATA

     
    4.1 Fundwise has a rule of no misrepresentation. Please be honest about yourself and your Donation. Members are encouraged to report any communications that they consider misleading or any Members that appear to be misrepresenting themselves.
    4.2 Fundwise may require you to provide identification of yourself when registering to the Site or establish your identity.
    4.3 You will furthermore be obligated to provide documentation as required by Fundwise each time, to verify that you are a legal representative of an Entrepreneur or a Donor.
    4.4 You understand and agree that some agreements may be entered into between you and Fundwise or between you and another Member, such as between Entrepreneur and Donor, by way of granting your approval directly on the Site, provided that you are logged in to your user account.
     
     

    5. DONATIONS

     
    5.1 Participation in the Donation Campaigns takes place via the Site.
    5.2 Members may, in accordance with the prerequisites set forth by the Site, submit their Donation Campaign to Fundwise, who decides which Entrepreneurs may appeal for Donations from other Members. Any funding must be made in accordance with the Terms.
    5.3 You agree to participate in the Donation Campaigns for the purposes permitted by the Terms of the Site and any applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions.
    5.4 Unless permitted to do so by Fundwise, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Donation Campaigns for any purpose. You are, however, free to recommend the Donation Campaigns to other potential Members.
    5.5 You acknowledge and agree that Fundwise may stop providing you or users generally with the opportunity to participate in a Donation Campaign (in minority, majority or total) at Fundwise’s sole discretion without prior notice to you. Consequently, Fundwise may disable access to your user account, prevent you from accessing the Donation Campaigns, your account details and/or other content which is on your account. You may yourself stop participating in a Donation Campaign at any time.
    5.6 You understand that by participating in a Donation Campaign you may be exposed to alarm messages, invitations or the like, which you may find disruptive or objectionable and that, in this respect, you participate in the Donation Campaigns at your own risk.
     
     

    6. DONATION CAMPAIGN

     
    6.1 General
    6.1.1 Entrepreneurs may, subject to Fundwise’s prior approval, submit their Donation Campaign for which they are seeking Donations from Donors, to the Site.
    6.1.2 The Donation Campaign round is open for the maximum period of time set forth by the Site each time.
    6.1.3 During the Donation Campaign round, a Donor may notify you of their interest in participating in the Donation Campaign, specifying the amount they would like to donate and perform a bank transfer in the corresponding amount via the Payment Service Provider.
    6.1.4 An Entrepreneur may reject any Donation and return the Donation to a Donor, having reviewed the list of Donors at the end of the Donation Campaign.
    6.1.5 You agree that the Site is only a meeting platform on which Donors can meet Entrepreneurs and that Fundwise does not provide any advice or take part in any Donation Campaigns. Fundwise does not at any time set any prerequisites for Donation Campaigns. All such prerequisites are always set by the Entrepreneur.
    6.1.6 Fundwise has the right to, at any time and at its discretion, cancel, interrupt or suspend any Donation Campaign, subject to prior notice. Such cancellation, suspension or interruption may be made, for example, if the Entrepreneur or the Donation Campaign breaches legislation in force, this Agreement or any terms applicable to the Site.
    6.1.7 If a user is represented by a representative, Fundwise has no obligation, but has the right, to check the existence or validity of the right of representation. Fundwise is not liable for the consequences arising from the lack or insufficiency of the right of representation.
     
    6.2 Entrepreneur
    6.2.1 You agree that any posting of a Donation Campaign must be made in accordance with (i) all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdiction, and (ii) the instructions set forth by the Site each time. Fundwise has the right to deny the posting of any Donation Campaigns at any time and for any reason.
    6.2.2 When posting a Donation Campaign to the Site, you agree and warrant that the Donation Campaign is made in accordance with the applicable legislation and that all prerequisites for the Donation Campaign are set and made by the Entrepreneur according to applicable legislation. In addition, if any legal requirements arise from any applicable laws, rules and regulations, for example a requirement to prepare a prospectus, it is the responsibility of the Entrepreneur to ensure that such legal requirements are met, and it is the responsibility of the Entrepreneur to bear all costs arising from meeting such requirements.
    6.2.3 You agree to provide Members with the information requested by Fundwise and as set forth by the Site each time. An Entrepreneur must, when using the Donations, always give true, accurate and complete information about themselves, their status and previous Donation Campaigns.
    6.2.4 You are aware that you may reject any Donation, having reviewed the list of Donors at the end of the Donation Campaign. You are required to return a rejected Donation to the Donor.
     
    6.3 Donor
    6.3.1 The Donor agrees and understands that any decision to donate to an Entrepreneur is solely the decision of such Donor.
    6.3.2 The Donor may request more extensive information regarding the Entrepreneur during the Donation Campaign. Such request is submitted to the Entrepreneur.
     

    7 AUTHORISATIONS AND POWERS OF ATTORNEY

     
    7.1 By accepting these Terms, you authorise Fundwise, on behalf of the Entrepreneur, Fundwise or anyone Fundwise may instruct (in respect of a relevant Donation Campaign) to:
    7.1.1 order, at the end of the Donation Campaign, that the Payment Service Provider transfer the amount raised during the Donation Campaign to the bank account communicated by the Entrepreneur.
    7.1.1.1 In the case of a Donation Campaign that did not reach its minimum amount, the amount raised is returned to the accounts of the Donors from whose accounts the Donations were transferred to the Entrepreneur or, if that is not possible, return the funds to the accounts the Donors instruct Fundwise to transfer them to;
    7.1.1.2 in the case of the premature termination of a Donation Campaign for any reason, the Subsidiary or an Affiliate responsible for the organization of the Donation Campaign, is required to return the amount raised to the accounts of the Donors from whose accounts the Donations were transferred to the Entrepreneur or, if that is not possible, return the funds to the accounts the Donors instruct Subsidiary or an Affiliate to transfer them to;
    7.1.1.3 based on the purely discretionary judgment of Fundwise, in the case of liquidation, bankruptcy warning, any negative change in the Entrepreneur’s credit situation or any other facts related to the Entrepreneur (e.g. misrepresentation, breach of the Agreement), return the amount raised to the accounts of the Donors from whose accounts the Donations were transferred to the Entrepreneur or, if that is not possible, return the funds to the accounts the Donors instruct Fundwise to transfer them to.
     
     
    8 ACKNOWLEDGEMENTS, COMMITMENTS AND PROHIBITIONS
     
    8.1 You acknowledge that you have read and understood these Terms and that you are at least 18 years of age.
    8.2 You acknowledge that the purpose of the Donation Campaigns is to assist the Entrepreneur in finding suitable Donors and the Donors to find suitable Donation Campaigns. Any and all legal commitments between the Entrepreneurs and Donors are only formed directly between the Entrepreneurs and Donors outside the Donation Campaigns.
    8.3 As an Entrepreneur, you understand that it is your sole responsibility to ensure that the Donation Campaigns are implemented in accordance with applicable laws, rules and regulations. You also acknowledge that you will execute the financing with due care and in accordance with the information published at the Donation Campaign.
    8.4 As a Donor, you will keep in confidence all confidential information received from the Entrepreneur and use such confidential information only for the purposes of evaluating the opportunity to participate in the Donation Campaign round. In some countries, certain legal requirements may apply to Donors. It is your responsibility to ensure that such requirements are met. You make your donation decision based on your own judgment and are solely responsible for the decision.
    8.5 In conjunction with this Agreement, fees and taxes may be charged by third parties. You acknowledge that Fundwise will not pay any such fees and taxes.
    8.6 Fundwise is subject to and will market its Donation Campaigns under the Advertising Act of Estonia.
    8.7 You acknowledge that most communication within and related to the Donation Campaigns takes place both in Estonian and English.
    8.8 You agree and warrant that you will not publish, post, transfer, distribute or upload any content or information to the Site or the Donation Campaigns which:
    8.8.1 is false, misleading, untruthful or inaccurate,
    8.8.2 promotes or encourages illegal activity,
    8.8.3 is in any way discriminating, offensive or attacking (e.g. racially, ethnically, religiously, sexually),
    8.8.4 constitutes defamation, contains pornography or is in any other way sexually explicit,
    8.8.5 is in any way harmful, abusive, offensive, illegal, unethical or which infringes upon the rights of any third party (including but not limited to copyright and trademarks).
    8.9 You agree and warrant that you will not (and will not permit any third party to):
    8.9.1 use the Site and/or participate in the Donation Campaigns to transfer or upload files or other content that contain viruses, corrupted data, malware or other programmes that may harm computers or other property,
    8.9.2 distribute or reproduce all or any part of the Site or the Donation Campaigns,
    8.9.3 alter or decompile the Site or Donation Campaigns or convert them to source code or break them open in any other manner, unless explicitly permitted by mandatory law,
    8.9.4 use software that reads data on the Site or the Donation Campaigns automatically,
    8.9.5 use the Site and/or participate in the Donation Campaigns to request or encourage other users to breach any provision of this Agreement,
    8.9.6 use the Site for Donation Campaigns for funding tobacco, alcohol, weapons and/or the gambling industry, activity or their marketing or any industry producing and marketing environmentally hazardous substances or an activity that is contrary to ethical standards or general good practice.
    8.10 You agree and warrant that you will respect the names and logos associated with Fundwise as the properties of Fundwise and agree not to use any Fundwise trademark or logo in any manner without Fundwise’s prior written consent, nor infringe upon any patents, trademarks or other copyrights of Fundwise users, Members or any other parties whatsoever.
    8.11 You agree that you are solely responsible for (and that Fundwise has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Site and/or participating in the Donation Campaigns and for the consequences of your actions (including any loss or damage which Fundwise may suffer) by doing so.
    8.12 Fundwise reserves the right to immediately remove any content from the Site that Fundwise, at its sole discretion, deems is in breach of the Terms or is otherwise harmful for Fundwise or its Members.
     

    9 FEES AND PAYMENT TERMS

     
    9.1 Payments within the framework of a Donation Campaign are always made from the Donor to the Entrepreneur and are never made by or to Fundwise. Hence, Fundwise never takes possession of the funds of a Donation Campaign.
    9.2 Payments for funding within the framework of a Donation Campaign are made only in euros. Data processing is made by an authorized data processor Maksekeskus AS which is using Estonian bank links (by the banks of Swedbank AS, SEB Pank AS, Luminor Bank AS, LHV Pank AS) and card links.
    9.3 If you are an Entrepreneur:
    9.3.1 registration to the Site may be subject to a fee as set out by the Site each time;
    9.3.2 you agree to use the Payment Service Provider as decided by Fundwise each time for the transfer of funds from any Donor to you. By accepting these Terms, you also accept the General Terms of the Payment Service Provider. The Payment Service Provider may charge fees for the use of their payment services, which you agree to pay. Fundwise does not warrant the correctness of any payment made through the use of the Payment Service Provider.
    9.4 If you are a Donor:
    9.4.1 you agree, when giving a Donation, to make a payment into the Donation Campaign in the currency stated by the Site;
    9.4.2 you are responsible for paying any applicable taxes in relation to the funding. Fundwise has no responsibility to pay any taxes regarding your funding of Donation Campaigns.
     

    10 YOUR LIABILITY AND RELEASE FROM LIABILITY

     
    10.1 As a Member, you are solely liable to Fundwise or other parties for all activities that occur under your user account.
    10.2 As an Entrepreneur, you are solely liable for the use of the Donations and for all information provided to Members or other users of the Site. You are aware that Fundwise does not offer any financial advice or any other advice on Donations or any other similar financing rounds. You are liable to Fundwise for any damages caused to Fundwise or any third party related to this Agreement, including but not limited to the use of the Donations in breach of this Agreement. Furthermore, you agree to release Fundwise from liability in relation to any claims, costs (including reasonable legal costs), damages, expenses, liabilities and losses incurred by Fundwise in relation to your breach of this Agreement. You waive on behalf of yourself and on behalf of the legal person represented by you (if any), to the maximum extent permitted by applicable laws, rules and regulations, your rights to file any claims against Fundwise for any reason directly or indirectly related to the Donations or these Terms.
    10.3 As a Donor, you are aware that Fundwise does not offer any financial advice or any other advice on participation in a Donation Campaign. You are solely liable for your participation in Donation Campaigns and any decision to donate to an Entrepreneur. You are aware that the Entrepreneurs are often in a very early stage and are seeking financing to grow their business. You further agree that donating to an Entrepreneur is solely your decision. You agree that Fundwise is not liable for any of your Donation to an Entrepreneur. You waive any and all rights to file claims against Fundwise for any reason associated with the Donation Campaign round. You are liable to Fundwise for any damages caused to Fundwise or any third party due to your breach of this Agreement, including but not limited to the participation in Donation Campaigns in breach of this Agreement. Furthermore, you agree to release Fundwise from liability in relation to any claims, costs (including reasonable legal costs), damages, expenses, liabilities and losses incurred by Fundwise in relation to your breach of this Agreement.
     
     

    11 LIABILITY OF FUNDWISE

     
    11.1 Fundwise does not grant any warranties, express or implied or otherwise, as to the accessibility, quality, suitability or accuracy of the Site. You expressly warrant that you understand and agree that your participation in the Donation Campaigns takes place under your sole responsibility and that the Donation Campaigns are organised on the “as is” and “as available” principles. There are situations when the Donation Campaigns are not accessible, including but not limited to necessary maintenance and situations outside the control of Fundwise, such as Site access failure, for which Fundwise is not liable in any case.
    11.2 In particular: Fundwise, its Subsidiaries and Affiliates and its licensors do not represent or warrant to you that:
    11.2.1 your participation in the Donation Campaigns meets your needs;
    11.2.2 your participation in the Donation Campaigns is uninterrupted, timely, secure and free from error;
    11.2.3 any information obtained by you as a result of your participation in the Donation Campaigns is accurate and reliable; and
    11.2.4 defects in the operation or functionality of the software provided to you as part of the Donation Campaigns are corrected.
    11.3 All Donations for a Donation Campaign are made by agreement between the Entrepreneur and a Donor. All information displayed on the Site is displayed by the Member displaying it. Fundwise does not at any time take possession of funds, provide any financial advice on Donations and is therefore not liable for any Donation to be made to a Donation Campaign or the information provided to any Members. Fundwise does not at any time warrant the fulfilment of any Member’s payment order and is never liable for the fulfilment of any Member’s Donation to a Donation Campaign.
    11.4 You expressly confirm that you understand and agree that Fundwise, its Subsidiaries and Affiliates and its licensors are not liable to you for:
    11.4.1 any reliance placed by you on the completeness, accuracy or existence of any advertising or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising is displayed in the Donation Campaigns;
    11.4.2 the deletion, corruption of or failure to store any content and other communications data maintained or transmitted by or through your participation in the Donation Campaigns;
    11.4.3 your failure to provide Fundwise with accurate account details;
    11.4.4 your failure to keep your password or account details secure and confidential.
    11.5 Any material downloaded or otherwise obtained through participation in the Donation Campaigns has been received at your own discretion and risk and you are solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
    11.6 Notwithstanding the above in this Section 11, and to the maximum extent permitted by applicable law, Fundwise is not liable to you or any third party for any direct damages, indirect damages or any other damages of any kind, including but not limited to loss of profit, loss of income, business interruption and goodwill losses arising out of or in connection with the Agreement or the participation in the Donation Campaigns or the use of the Site or the inability to participate in or use the same.
    11.7 To the extent Fundwise is liable to you for any damages, Fundwise’s total and aggregated liability to you (whether for negligence, breach of agreement or any other cause of action) is limited to 100 euros. Fundwise is not liable to you for any claims filed by third parties against you.
    11.8 Fundwise is not liable for any losses incurred by you as a result of Fundwise’s performance of its duties and functions as set forth in this Agreement (such as inter alia acting as your representative pursuant to Section 7), except if such losses have been incurred due to Fundwise’s gross negligence or wilful misconduct, in which case the limitations set out in Sections 11.3, 11.4 and 11.7 apply to the extent permitted by applicable law.
     
     

    12 INTELLECTUAL PROPERTY RIGHTS

     
    12.1 You agree that the Site and Donation Campaigns contain content specifically provided by Fundwise or third parties and that such content may contain intellectual property rights. You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, trade names (whether registered or not) contained or displayed on the Site or which you gain access to in connection with the Donation Campaigns. You may only use the content of the Site for participation in the Donation Campaigns and you may not use the content of the Site in breach of any applicable laws or the Agreement. You may use such intellectual property rights only for the purpose of browsing the Site and participating in the Donation Campaigns. Fundwise does not grant you any other licence for using said intellectual property rights except as expressly set out in this Agreement. Nothing in these Terms gives you the right to use any of Fundwise’s trade names, trademarks, logos, domain names and other distinctive brand features. You agree that you will not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site or the Donation Campaigns.
    12.2 Ownership of and the intellectual property rights to all User Content stay with you or the third party with ownership of or intellectual property rights to such content.
    12.3 In order to organise the Donation Campaigns, Fundwise may need a licence for using the User Content. You hereby grant Fundwise a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and sub-licensable right to host, publish, distribute, stream, transmit, playback, transcode, copy, feature, display, reproduce, adapt, modify, translate, publicly perform and otherwise use the User Content to organise the Donation Campaigns, promote the Site or attract Donors. You agree that this licence includes the right for Fundwise to make such User Content available to other companies, organisations or individuals with whom Fundwise has relationships for the provision of affiliated services and to use such User Content in connection with the provision of those services.
    12.4 You understand that Fundwise, in performing the required technical steps to organise the Donation Campaigns to its users, may (i) transmit or distribute your User Content over various public networks and in various media; and (ii) make such amendments to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services and other media. You agree that this licence permits Fundwise to these actions.
    12.5 Fundwise reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content from the Site or Donation Campaigns.
    12.6 You warrant that you have all the necessary rights to display and upload the User Content and in all other ways use the User Content and provide Fundwise with the above licence to the User Content.
    12.7 If any User Content infringes the intellectual property rights of a third party, you agree to immediately remove all infringing parts of the User Content and release Fundwise from all damages, costs and expenses incurred as a result of such infringement. If Fundwise is made aware or if it suspects that the User Content infringes upon any third party’s intellectual property rights, Fundwise will have the right to remove from the Site all such User Content.
     
     

    13 THIRD PARTY SITES

     
    13.1 Please keep in mind that any information that you enter on a third party website (and not directly at Fundwise.me), e.g. when making payments via any Internet bank or when using your social media accounts to log in to the Site, will be shared with the owner of the third party website and your information may be subject to their privacy policies and general terms and conditions.
    13.2 Our Site may permit you to link to third party websites on the Internet, and third party websites may link to our Site. Your opening of third party websites is always at your own risk. Third party websites are beyond the control of Fundwise and you acknowledge that Fundwise is not responsible for the content or functions or the accuracy or legality of information or any other aspect of such websites. You further acknowledge and agree that Fundwise is not liable for any damage or loss caused by or in connection with the use of or reliance on any content of such third party websites.
     

    14 PRIVACY AND PERSONAL DATA

     
    14.1 The use of the Site and participation in the Donation Campaigns entail various types of personal data being processed for various purposes. By agreeing to this Agreement, you also agree to the Privacy Policy (https://fundwise.me/en/privacy ) of the Site. We encourage you to read the Privacy Policy.
     

    15 AMENDMENT OF TERMS AND TERMINATION

     
    15.1 You agree that Fundwise may provide you with notices, including those regarding amendments to the Terms, by e-mail, regular mail or postings on the Site or Donation Campaigns.
    15.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    15.3 Fundwise has the right to make amendments to these Terms. Fundwise informs you of any such amendments. Such information is given by clear notice on the Site or by e-mail sent to the e-mail address provided by you. After the amendments to the Terms have entered into force, you can continue to use the Website and participate in the Donation Campaigns if you agree those amendments. If you do not agree to the Terms or any amendments thereto, you are prohibited from using the Site and participating in the Donation Campaigns and the Agreement is considered terminated.
    15.4 Fundwise may terminate this Agreement and your access to the Donation Campaigns by written notice sent to your e-mail address with immediate effect if you commit a breach of this Agreement or you have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms.
    15.5 Furthermore, Fundwise may terminate the Agreement and cease to organise the Donation Campaigns without prior notice, if:
    15.5.1 required by law or a decision by authority (for example, where the organisation of Donation Campaigns to you is, or becomes, unlawful or licensed activity) or because Fundwise ceases to organise the Donation Campaigns; or
    15.5.2 the partner with whom Fundwise organised your Donation Campaigns has terminated its partnership relation with Fundwise or ceased to organise your Donation Campaigns; or
    15.5.3 Fundwise is transitioning to no longer organising users’ Donation Campaigns in the country in which you are a resident or from which you are participating in the Donation Campaigns; or
    15.5.4 the organisation of your Donation Campaigns by Fundwise is, in Fundwise’s opinion, no longer commercially viable; or
    15.5.5 Fundwise restructures its Site, services or business activities.
    15.6 When the Agreement is terminated, irrespective of the reason therefor, all legal rights, obligations and liabilities that you and Fundwise have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this termination, and the provisions of this Section [governing law and resolution of disputes, Sections 17.1 and 17.2] will continue to apply to such rights, obligations and liabilities indefinitely.
     
     

    16 ASSIGNMENT

     
    16.1 You may not assign your rights and obligations under this Agreement without Fundwise’s prior written consent.
    16.2 Fundwise may assign its rights and obligations under this Agreement without your prior consent.
     
     

    17 GOVERNING LAW AND DISPUTES

     
    17.1 This Agreement, the Terms and any non-contractual obligations arising out of or in connection with it are governed by and construed and interpreted in accordance with the laws of the Republic of Estonia without regard to its conflict of law rules.
    17.2 Any dispute, controversy or claim arising out of or in connection with this Agreement or any non-contractual obligation arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, is finally settled in Harju County Court.
     
     

    18 CONSUMER PROTECTION

     
    18.1 If you are considered a Consumer, some of the above provisions do not apply to you or apply to you differently.
    18.2 You have the right withdraw from the Agreement at your own discretion within fourteen (14) days from the date of its conclusion, as set forth in the Estonian Law of Obligations Act section 49 subsection 1.
    18.3 You have the right to turn to the Consumer Protection Board.