TERMS

1. General Provisions

These General Terms and Conditions (GTC) in their respective valid version govern the contractual relationship between the intermediary and the investors regarding the use of the platform and the brokerage of investments.

The GTC are available at any time at https://www.viridicapitis.de/recht.
Deviating terms and conditions of the investors apply only with the written consent of the intermediary.

Scope of Services

The intermediary operates a platform on which interested users (“investors”) can invest in selected investment projects. The services include:

Provision of information on financial investments and real estate offers (“use of the platform”).
Brokerage of investment contracts (“investment brokerage”).

Full use of the platform and investment opportunities requires registration and the conclusion of a user agreement.

Registration

Only individuals with unlimited legal capacity, partnerships, and legal entities may register. Natural persons must be of legal age.
Registration requires the provision of name/company, email address, and password. Disposable email addresses and multiple registrations are not permitted.
All information must be complete and truthful. Required identification documents under anti-money laundering regulations must be provided. Incomplete or incorrect information may result in refusal of registration or prohibition of subsequent investments.
Upon successful registration, a user agreement is concluded. The intermediary may refuse use or terminate the contract at any time without stating reasons. In case of misuse (e.g., non-payment), the investor may be excluded immediately.
The investor may request deletion of their account at any time; this also terminates the user agreement.
The investor is solely responsible for keeping their data up to date and for the confidentiality and security of their access data. In case of suspected misuse, the intermediary must be informed immediately.
The investor must regularly back up all data entered or received on the platform.
The intermediary may record telephone conversations with the investor to fulfill legal obligations; the investor expressly consents unless objected at the beginning.
For operational or data security reasons, the intermediary may temporarily block access; the investor will be notified in writing.

4. Use of the Platform and Investment Brokerage

The investment projects presented on the platform enable investors to invest in the offered financial products within a set period. The intermediary provides the relevant information from issuers or providers.

The intermediary does not guarantee the creditworthiness, completeness, accuracy, or timeliness of the information provided. These serve only for general information and do not replace individual advice.
The investor must independently assess whether an investment is suitable for their goals and risk tolerance. No investment advice or purchase recommendation is provided.
The intermediary only provides technical support for the process and forwards the investor’s declaration of intent to the issuer or provider. Legal and tax advice are not provided. Investors should seek their own advice in advance.

5. Making an Investment

The investor selects the desired investment amount. Depending on the type of financial product, minimum or maximum amounts may apply.
The investment is made by clicking the “Invest now with payment obligation” button. The legal relationship is governed exclusively by the terms of the respective financial product.
Before investing, the investor can download and save all contract documents. After completion, these are also sent by email.
Before investing, the investor can download and save all contract documents. After completion, these are also sent by email.
Every investment carries a total loss risk – the investor may lose the invested capital including all costs. Financing with borrowed funds increases this risk, as interest and loan repayment must still be made even if there is no return.

6. Remuneration, Waiver of Return of Benefits

The investor does not pay any remuneration to the intermediary.
The intermediary receives commissions from issuers in accordance with legal regulations (§ 17 FinVermV). The nature and scope of these payments are disclosed to the investor in due time.
The intermediary receives commissions from issuers in accordance with legal regulations (§ 17 FinVermV). The nature and scope of these payments are disclosed to the investor in due time.

7. Liability of the Intermediary

The intermediary is liable for defects or errors of the platform only in cases of fraudulent concealment.
Liability is unlimited in cases of intent, gross negligence, and for damages to life, body, or health.
In cases of slight negligence, the intermediary is only liable for breach of essential contractual obligations (cardinal duties), and liability is limited to the typical, foreseeable damage at the time the contract was concluded. No compensation for lost profit or missed economic success.
The limitations of liability also apply to employees, vicarious agents, and other third parties.
The intermediary is not liable for disruptions outside its sphere of influence (e.g., network overload, telecom failures).
No liability for the effectiveness of concluded financial investment contracts, investment default risks, insolvency of issuers/providers/trustees/payment processors, or criminal misconduct by business partners.
No liability for information provided by the issuer/provider to the intermediary.

8. Term, Termination

The user agreement is concluded for an indefinite period and can be terminated by either party at any time with 14 days’ notice in writing (e.g., by email to mailto:vc@viridicapitis.de).
Contracts with issuers or providers remain unaffected by the termination of the user agreement.
The right to extraordinary termination for good cause remains unaffected.

9. Final Provisions

The contract language is German.
Should individual provisions be invalid, the remainder of the contract remains effective.
Deviating or supplementary agreements require written form (including amendments to this clause).
Changes to the GTC are made by sending the new terms in writing at least two months before they take effect, with reference to the right of objection and the objection period. If no objection is raised, the changes are deemed accepted.
German law applies, excluding international conflict-of-law rules.
The place of jurisdiction for disputes is, as far as legally permissible, Berlin.
The intermediary is willing to participate in dispute resolution proceedings before consumer arbitration boards, e.g., Deutsche Bundesbank or BaFin. Information and contact details can be found on the respective websites.
The EU OS platform for online dispute resolution is available at https://ec.europa.eu/consumers/odr/.

B. Special Provisions Regarding the Type of Financial Investments

The following provisions apply in addition to Section A for each type of investment.

I. Subordinated Loans with Qualified Subordination

1. Investment in Subordinated Loans

The investor grants the borrower a subordinated loan with a fixed term and interest rate.
Payments (interest, repayment) are only made if they would not lead to insolvency of the borrower. Payments may be delayed or omitted.
In the event of insolvency, the investor’s claims are subordinated to those of other creditors. The subordinated loan is similar to an equity-like participation with increased default risk.

2. Special Features of the Investment

If the selected investment amount exceeds €1,000 for certain groups of persons, the investor must provide a declaration of their financial situation pursuant to § 2a (3) VermAnlG. Without proof, only investments up to €1,000 are permitted.
By clicking “Invest now with payment obligation,” a loan agreement is concluded. The intermediary forwards the declaration of intent and provides the contract documents.
Payment is made via a BaFin-supervised payment institution in trust; the intermediary does not receive any funds.
The loan agreement ends automatically at the end of the term; payment of interest and capital is made in trust.

II. Claims from Partial Receivables of a Bank Loan (Other Assets)

1. Investment in Partial Receivables

The investor acquires a partial receivable from a bank loan granted by a partner bank to the borrower by concluding an investment agreement.
The partial receivable includes proportional repayment of the loan amount and interest, as well as any share in proceeds from the realization of collateral, proportionate to the total investment amount.
The risk is that the borrower does not fully meet their payment obligations. Insolvency or inability to pay may result in partial or total loss.

2. Special Features of the Investment

For certain groups of persons investing more than €1,000, a declaration of financial situation pursuant to § 2a (3) VermAnlG must be provided; other restrictions may result from the investment agreement.
By clicking “Invest now with payment obligation,” an investment agreement for the purchase and assignment of the partial receivable is concluded. The intermediary forwards the declaration of intent and provides the documents.
Payment is made in trust via the payment processor; the intermediary does not receive any funds.
The investment agreement ends automatically at the end of the term; payment of claims is made in trust.

III. Closed-End Public AIF

1. Investment in Closed-End Public AIF

The investment is made by joining as a direct limited partner or by concluding a trust agreement with the trust limited partner. By joining, the investor becomes a direct shareholder; by trust agreement, the investor acquires indirect shares.
Ordinary termination is generally not possible; only extraordinary termination for good cause. Upon exit, the investor receives a settlement in accordance with the partnership agreement.
The investor bears the risk that tax obligations may arise from the participation without any returns.

2. Special Features of the Investment

Only investors who meet the admission requirements of the respective fund company may participate.
The investor must observe the specified minimum investment volume of the fund company.
Before the subscription process, the intermediary provides all contract documents on the platform and by email; on request, also in paper form. The investment is concluded upon acceptance of the subscription declaration by the fund company or trust limited partner.
Payment is made in trust via the payment processor or directly according to the subscription form; the intermediary does not receive any funds.
Participation ends at the latest with the dissolution of the fund company; the investor receives a settlement balance according to the partnership agreement.

C. Special Provisions for Distribution as a VIP Investor

The intermediary offers certain financial investments exclusively to selected investors in a protected area of the platform (“VIP investment”). These provisions apply in addition to Section A and for VIP investments in the form of subordinated loans or partial receivables.

1. Protected Platform Area

The intermediary has set up a protected area accessible only to selected investors. Access information is provided separately.
The financial products offered in this area are only available there and, if applicable, by email to selected investors. Acquisition outside this area is not possible.
The same usage rules apply to the protected area as to the rest of the platform.

2. Investments in VIP Products

Investments by selected investors are made according to the type of VIP product in accordance with Section B. Contrary to B I. 2.1 and B II. 2.1, there are no limits on the investment amount.
Statutory prospectus or key information sheet obligations (e.g., VIB, PRIIP-KID) do not apply. Investors must inform themselves about risks and, if necessary, seek their own advice.

Status: April 2022