1. Introduction

Welcome to foundersbase.com ("we", "us", "our" or "the Website"), a service provided by PEKA Platforms GmbH. These Terms and Conditions ("AGB") govern your use of our website, applications, and services (collectively "Services"). By accessing or using our Services, you agree to these AGB. If you do not agree to these AGB, you may not use our Services. If you have any questions about these AGB, please contact us at [email protected].

Note: These AGB are written in German and constitute the legally binding version. Translations into other languages are provided for convenience only. In the event of any discrepancies or interpretative issues, the German version of these AGB shall prevail.

2. User Accounts

2.1 Account Creation

To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information about yourself as requested in the registration form. Misrepresentation of your identity, including using pseudonyms or false information, is strictly prohibited. We reserve the right to request verification of your details and to suspend or delete accounts containing false information without prior notice.

2.2 Account Security

You are responsible for safeguarding the password you use to access the Services and for any activities or actions under your password. The security of your account is your responsibility. We recommend using strong passwords (combinations of uppercase and lowercase letters, numbers, and symbols). You agree to notify us immediately of any unauthorized use of your account or any other security breach. You are liable for any use of your account by third parties unless such use was made possible without your fault. foundersbase.com is not liable for any loss or damage resulting from your failure to comply with these security measures.

2.3 Account Termination

We may suspend or terminate your account if the information provided during the registration process or thereafter is found to be inaccurate, not current, or incomplete. We may also suspend or terminate your account if you violate these AGB or other policies of foundersbase.com. You agree that we may, without prior notice, immediately terminate, restrict, or suspend your account and access to the Services at our sole discretion. In the event of account termination, you are not entitled to a refund of any fees paid.

2.4 Use of Account

Your account is for your personal use only. You may not transfer your account to another person or organization. You may not use another user's account at any time. Unauthorized use will lead to immediate termination of your account and may result in legal action. You agree to take all necessary precautions to prevent unauthorized access to your account.

2.5 Multiple Accounts

You are prohibited from creating multiple accounts for any purpose, including but not limited to circumventing restrictions or obtaining additional benefits. If we determine that you have multiple accounts, they may be terminated without notice. Additionally, we may suspend all accounts linked to your identity or IP address.

2.6 Account Verification

We reserve the right to verify users' identities and information at any time. If you fail to provide the required information, we reserve the right to suspend or terminate your account. Refusal to verify may also result in account suspension or termination.

3. User Conduct

3.1 Prohibited Conduct

You agree not to engage in the following prohibited activities:

• Using the Services for any unlawful purpose or in violation of any local, state, national, or international law.
• Posting content that is offensive, defamatory, obscene, pornographic, abusive, harassing, violent, hateful, incendiary, or otherwise objectionable.
• Impersonating any person or organization or falsely stating or otherwise misrepresenting your affiliation with a person or organization.
• Sending unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes.
• Transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
• Interfering with or disrupting the Services or the servers or networks connected to the Services.
• Attempting to probe, scan, or test the vulnerability of any foundersbase.com system or network or breach any security or authentication measures.
• Collecting or storing personal data about other users of the Services without their express permission.
• Using automated systems, including but not limited to "robots", "spiders", or "offline readers", to access the Services in a manner that sends more requests to the foundersbase.com servers than a human can reasonably produce in the same period using a conventional online web browser.
• Using the Services for unauthorized data mining purposes.
• Sharing or disclosing private information about other users without their express consent.
• Offering or soliciting services or payments from other users without foundersbase.com's authorization.
• Anbieten oder Erbitten von Dienstleistungen oder Zahlungen von anderen Benutzern ohne Genehmigung von foundersbase.com.
• Posting or transmitting content that constitutes fraud, pyramid schemes, or other fraudulent business practices.
• Engaging in behavior that exploits, harms, or attempts to harm minors in any way.
• Using the Services to conduct activities that are misleading, deceptive, or false.
• Posting or sharing content that promotes hate speech, violence, or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other legally protected characteristics.
• Engaging in behavior that is abusive, harassing, threatening, or intimidating to other users.
• Sharing false or misleading information with the intent to deceive or harm others.
• Engaging in or promoting activities that are morally or ethically questionable, including but not limited to exploitation, human trafficking, or any other form of abuse.
• Using the Services to participate in illegal financial activities, including money laundering or terrorism financing.

Any violation of these terms may result in the immediate suspension or termination of your account without any right to a refund.

3.2 Content Responsibility

You are solely responsible for the content you post through the Services. foundersbase.com does not endorse or control the content submitted by users. foundersbase.com reserves the right to remove content that violates these AGB or is otherwise objectionable. foundersbase.com assumes no liability for any loss or damage resulting from the removal or blocking of such content. You indemnify foundersbase.com from all third-party claims arising from your content.

3.3 Compliance with Laws

You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services. You may not use the Services if you are barred from using the Services under the laws of the United States, the European Union, or any other country, including the country in which you reside or from which you use the Services.

3.4 Interactions with Other Users

ou are solely responsible for your interactions with other users. We reserve the right, but are not obligated, to monitor disputes between you and other users. foundersbase.com is not liable for your interactions with other users or for any user's actions or omissions. Any disputes with other users must be resolved directly with them.

3.5 Reporting Misconduct

If you observe misconduct or behavior that violates these AGB, you agree to report such activities promptly to foundersbase.com. Failure to report such behavior may result in the suspension or termination of your account. You agree to cooperate with the investigation of such incidents.

3.6 Unauthorized Access and Use

You agree not to use or access any part of the Services or content therein for commercial purposes except as expressly permitted by these AGB or foundersbase.com. Unauthorized use of the Services, including but not limited to unauthorized access to foundersbase.com systems, misuse of passwords, or misuse of information posted on the Services, is strictly prohibited. Such misuse may result in legal action.

3.7 No Manipulation of Services

You agree not to manipulate or interfere with the Services or related functions, including but not limited to rating systems, ranking systems, and feedback systems. Any attempt to manipulate or interfere with these systems may result in the suspension or termination of your account. Such manipulations may have legal consequences.

4. User Content

4.1 Ownership of Content

By posting content on the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, distribute, create derivative works of, display, and perform the content in connection with the Services and our business, including but not limited to promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You confirm that you own all necessary rights to the content you post.

4.2 Content Removal

We reserve the right to monitor and remove content at our discretion. We may remove content that violates these AGB or is otherwise objectionable. You acknowledge and agree that foundersbase.com may preserve and disclose your content if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• Comply with legal processes.
• Enforce these AGB.
• Respond to claims that content violates the rights of third parties.
• Protect the rights, property, or personal safety of foundersbase.com, its users, and the public.

foundersbase.com assumes no liability for any loss or damage resulting from the removal or blocking of such content.

4.3 False Information

Users are prohibited from providing false or misleading information during registration or when using the Services. Providing false information may result in the immediate termination of the user account and legal action. foundersbase.com reserves the right to take legal action against users who provide false information.

4.4 Automated Access

You agree not to use automated systems, including but not limited to "robots", "spiders", or "offline readers", to access the Services in a manner that sends more requests to the foundersbase.com servers than a human can reasonably produce in the same period using a conventional online web browser.

4.5 Content Backup

Although we strive to ensure the security and integrity of user content, we do not guarantee that your content will be available on the Services at all times. You are responsible for backing up your own content. We assume no liability for any loss or damage to your content. foundersbase.com takes no responsibility for data loss and recommends regular backups of your content.

4.6 Intellectual Property Rights

You represent and warrant that you own the proprietary rights or have the necessary licenses, rights, consents, and permissions to publish the content you submit; that your content does not infringe, misappropriate, or violate any intellectual property rights or other rights of third parties; and that your content complies with all applicable laws, rules, and regulations. In the event of intellectual property disputes, we reserve the right to remove the contested content and suspend the accounts of the involved users.

4.7 Prohibited Content

You agree not to upload, post, transmit, or otherwise make available any content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory, or invasive of another's privacy.
• Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or defamatory.
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.
• Promotes hate speech, violence, or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other legally protected characteristics.
• Contains false or misleading information intended to deceive or harm others, including those that create an untrustworthy or damaging impression of the platform through false or misleading representations, particularly profile photos, avatars, logos, first names, last names, company names, and job information, as well as those containing exclusively empty content, punctuation, fantasy terms, or abbreviations.
• Promotes or encourages activities that are morally or ethically questionable, including but not limited to exploitation, human trafficking, or any other form of abuse.

foundersbase.com reserves the right to remove such content without prior notice and to suspend the accounts of involved users.

4.8 User Disputes

You are solely responsible for your interactions with other users. We reserve the right, but are not obligated, to monitor disputes between you and other users. foundersbase.com is not liable for your interactions with other users or for any user's actions or omissions. foundersbase.com assumes no liability for disputes arising from interactions between users. You indemnify foundersbase.com from any claims arising from such disputes.

4.9 Reporting Content

If you encounter content that violates these AGB, you agree to report such content promptly to foundersbase.com. Failure to report such content may result in the suspension or termination of your account. We reserve the right to review and take appropriate action on reported content at our discretion.

4.10 No Endorsement

You acknowledge and agree that interactions, advice, or content shared by other users do not constitute an endorsement or recommendation by foundersbase.com. You are responsible for conducting your own due diligence before engaging in interactions or transactions with other users.

4.11 Moderation and Review

foundersbase.com reserves the right to review, moderate, and remove user-posted content at any time without prior notice. This includes but is not limited to content that violates these AGB or applicable laws or that foundersbase.com deems inappropriate for any reason. foundersbase.com's decision regarding the removal or non-removal of content is final.

5. Privacy

Your privacy is very important to us. Please review our Privacy Policy, which also governs your use of the Services, to understand our practices. By using our Services, you agree to the collection and use of information in accordance with the Privacy Policy.

6. Intellectual Property

6.1 Ownership

All intellectual property rights in the Services and the content on the Website (except for user-generated content) belong to foundersbase.com or our licensors. These AGB do not grant you any rights to use foundersbase.com's trademarks, logos, domain names, or other brand features.

6.2 Feedback

If you provide us with suggestions, comments, or other feedback about the Services, you agree that we may use such feedback for any purpose without compensation to you. You transfer to foundersbase.com all rights in the feedback you provide.

7. Links to Third Parties

The Services may contain links to third-party websites or services that are not owned or controlled by foundersbase.com. foundersbase.com has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that foundersbase.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. foundersbase.com does not review third-party links and assumes no liability for their content.

foundersbase.com does not verify third-party links and assumes no liability for their content.

8. Termination

8.1 Termination by You

You may terminate your account at any time by following the instructions provided on the Website. Upon termination, you must cease using the Services. Fees already paid will not be refunded.

8.2 Termination by Us

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, at our sole discretion for any reason, including but not limited to a breach of these AGB.

8.3 Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease. All provisions of these AGB which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. foundersbase.com reserves the right to delete or archive your data upon termination.

8.4 Data Retention

Upon termination of your account, foundersbase.com reserves the right to retain your data for a period necessary to comply with legal obligations, resolve disputes, and enforce our agreements. foundersbase.com assumes no liability for data loss following termination.

9. Limitation of Liability

To the extent permitted by law, foundersbase.com shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any breach of security related to your account or personal information.
• Any privacy-related issues or data loss.
• Any fraudulent activities conducted through the Services.
• Any false or misleading information posted or shared on the Services.
• Any offensive or harmful behavior of other users.
• Any legal actions or disputes arising from your use of the Services.

In no event shall the total liability of foundersbase.com for all claims relating to the Services exceed the amount you paid foundersbase.com in the last 12 months for the Services, if any. This limitation of liability shall apply even after the termination of your agreement with foundersbase.com.

10. Indemnification

You agree to defend, indemnify, and hold harmless foundersbase.com and its licensors and licensees, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from or related to:

• Your use of and access to the Services by you or any person using your account and password.
• A breach of these AGB.
• Content posted on the Services.
• Any claim that your content caused harm to a third party.
• Your violation of any law or the rights of a third party.
• Any unauthorized use of your account, data loss, or misuse of the platform.
• Any fraudulent activities or behaviors that violate these AGB.
• Any false or misleading information posted or shared on the Services.
• Any offensive or harmful behavior by you towards other users.
• Any legal disputes or claims arising from your use of the Services.

The obligation to indemnify survives the termination of the contractual relationship.

11. Governing Law

These AGB are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. Our failure to enforce any right or provision of these AGB will not be considered a waiver of those rights. If any provision of these AGB is held to be invalid or unenforceable by a court, the remaining provisions of these AGB will remain in effect. These AGB constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had regarding the Services.

12. Changes to AGB

We reserve the right, at our sole discretion, to modify or replace these AGB at any time. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. foundersbase.com is not obligated to inform users individually of changes; posting the new AGB on the website is sufficient.

13. Dispute Resolution

13.1 Informal Resolution

For any dispute you have with foundersbase.com, you agree to first contact us and attempt to resolve the dispute informally with us. If foundersbase.com cannot resolve the dispute informally with you, we both agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these AGB by binding arbitration by the [Arbitration Organization] under the rules of the [Arbitration Organization] for consumer-related disputes.

13.2 Binding Arbitration

Any arbitration will take place in Berlin, Germany. The arbitration will be conducted in German. An arbitrator may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these AGB as a court would. Arbitration fees and the expenses of the arbitrator will be shared equally by the parties. You waive any right to challenge the decision of the arbitrator unless there is a clear error.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. We both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

14. Miscellaneous

14.1 Entire Agreement

These AGB and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the AGB).

14.2 Severability

If any provision of these AGB is held to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these AGB. Such determination shall not affect the validity and enforceability of any other remaining provisions.

14.3 Waiver

Our failure to enforce any right or provision of these AGB will not be considered a waiver of those rights. A waiver is only effective if it is in writing.

14.4 Assignment

These AGB and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any attempt by you to transfer or assign these rights or licenses is null and void.

14.5 Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these AGB.

14.6 Force Majeure

foundersbase.com shall not be liable for any delays or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.7 No Third-Party Beneficiaries

These AGB are for the benefit of and are enforceable by foundersbase.com and its successors and assigns. No other person or entity has the right to enforce any of the terms contained herein.

14.8 Notices

All notices and other communications required or permitted hereunder must be in writing and will be deemed given when delivered personally, sent by registered or certified mail (return receipt requested), or by recognized courier service or email to the addresses provided by you in your account information or to any other address a party may specify under this provision.

14.9 Electronic Communications

e communication between you and foundersbase.com uses electronic means, whether you use the Services or send us emails, or whether foundersbase.com posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from foundersbase.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that foundersbase.com provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing.

14.10 Reservation of Rights

foundersbase.com reserves all rights not expressly granted in these AGB. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services provided by you to us are non-confidential and shall become the sole property of foundersbase.com.

14.11 Beta Services

From time to time, foundersbase.com may, at its sole discretion, invite you to use, on a test basis, pre-release or beta features that are in development and not yet available to all users ("Beta Services"). Beta Services may be subject to additional terms and conditions, which foundersbase.com will provide to you prior to your use of the Beta Services. Such Beta Services and all conversations and materials related thereto will be considered confidential information of foundersbase.com and subject to the confidentiality provisions of these AGB. foundersbase.com makes no representations or warranties that the Beta Services will function. foundersbase.com may discontinue the Beta Services at any time at its sole discretion. foundersbase.com will have no liability for any harm or damage arising out of or in connection with a Beta Service.

14.12 Remedies

You agree that any violation or threatened violation of these AGB may cause irreparable harm to foundersbase.com, entitling foundersbase.com to seek injunctive relief or other equitable relief without the necessity of posting a bond or other security, or if applicable, the equivalent in your jurisdiction, or proving actual damages.

14.13 Survival

All provisions of these AGB that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14.14 Consumer Right of Withdrawal

If you are a consumer within the meaning of § 13 BGB, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the sample withdrawal form below, but it is not obligatory.

Sample Withdrawal Form: (If you wish to withdraw from the contract, please complete and submit this form.)

To: PEKA Platforms GmbH, Richardstraße 68, 12055, Email: [email protected]

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services:

Account (Foundersbase ID, Username, or Account Email):
Product Name:
Order Number:
Order Date:
Consumer's Name:
Consumer's Address:
Consumer's Signature (only if submitting on paper):
Date:

14.15 Contact Information

If you have any questions about these AGB, please contact us at: Email: [email protected]