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Terms & Conditions

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Preamble

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  1. The Athlete Capital GbR, located at Am Haelentor 5, 50858 Cologne (hereinafter referred to as "Athlete Capital"), offers a test platform for the networking of startup companies (hereinafter referred to as "startups") with investors (hereinafter collectively referred to as "users") through the platform Athlete Capital (hereinafter referred to as the "Platform") at www.athlete-capital.de. Investors can be professional athletes or former professional athletes who can support the startups registered and accepted by Athlete Capital (more on this in §§ 3, 4). Athlete Capital helps find suitable investors and investment opportunities in a reliable network by considering the investment interests provided during registration.

  2. The Terms of Use govern the access to and use of Athlete Capital by the users, as well as the legal relationship between the users and Athlete Capital. The legal relationship between the users and Athlete Capital is exclusively based on these Terms of Use. By using the website www.athlete-capital.de, users agree to these Terms of Use. These terms do not apply to services provided by third parties that we refer to or promote on the website.

  3. We reserve the right to amend these general terms and conditions, especially to improve the functionality of our offering. Changes to these Terms of Use will be sent to the email address you provided, along with the revised version. The changes are considered accepted by you unless you object to the changes within a period of four weeks after receiving the notification of the changes. To object, simply send an email to info@athlete-capital.de. Further information can be found in § 8 (3).

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Section 1 General Use of the Platform www.athlete-capital.de

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  1. Athlete Capital serves to facilitate contacts between investors and startups based on expressed investment and investor preferences, using the experience of Athlete Capital.

  2. We are entitled to offer additional services through our platform, which are published by third parties in connection with their own service offerings posted on our platform. This includes support for investment management and investment evaluation ("Investment as a Service") by the investment partner "capacura GmbH", located at Haus Auel 1, 53797 Lohmar (hereinafter referred to as "capacura"). Registered startups (see § 2 "Registration with Athlete Capital as a Startup") can take advantage of a free startup evaluation provided by capacura. To do so, the registered startup must enter the words "Athlete Capital" in the field "How did you hear about us?" in the signup area of capacura (https://signup.capacura.de/). After the startup's consent, Athlete Capital will share the information provided by the startup with capacura for this purpose.

  3. In this case, Athlete Capital acts not as a provider, but as an advertiser of capacura's offering. Athlete Capital is not liable for the products, services, or content provided by capacura. Athlete Capital also does not guarantee that capacura will act on behalf of the startup.

  4. Registration and use are only allowed for users who have reached the legal age and have full legal capacity. Registered users receive free access credentials to the platform and have the opportunity to create a user profile. The requirements and functions of such a user profile differ for startups and investors, and are regulated in more detail in § 3 and § 4, respectively. The responsibility for due care and compliance with data protection regulations when setting up a user profile lies solely with the user who sets it up.

  5. Registered users have free access to all platform functions.

  6. The provision of services does not include consulting and support for negotiations between users after an introduction has been made with capacura or other partners. Athlete Capital also does not provide (business) financial examination of a startup idea through the platform, which remains the sole responsibility of the parties involved in the financing.

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Section 2: Registration with Athlete Capital as a Startup

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  1. Startups have the option to fill out a contact form on the platform and send it to Athlete Capital via email (info@athlete-capital.de) along with a pitch deck and a one-pager description of the startup. Only the founders themselves or authorized individuals may submit registration requests. The registration request should include startup information such as contact details, a brief textual explanation of the startup, and the addresses and names of the founders. The pitch deck should be submitted as a PDF document or provided in another way, containing all essential information about the startup's business idea and other relevant facts deemed important for making an investment decision. By submitting the registration request, the startup agrees to the disclosure of the submitted information to suitable investors in the event of acceptance by Athlete Capital.

  2. Users commit to submitting only carefully reviewed and accurate information and documents.

  3. All information provided in the registration request is the sole responsibility of the registrant. The acceptance of the startup's registration request is at the discretion of Athlete Capital. Athlete Capital reviews the submitted startup documents for general suitability and relevance to the investor base represented on the platform, without any legal obligation or assumption of liability. Athlete Capital is not obligated to verify whether submitted content infringes on third-party rights or violates legal regulations. The startup has no entitlement to the forwarding of documents, particularly the pitch deck, to investors.

  4. After submitting the registration request, the startup will receive timely feedback via email regarding whether Athlete Capital has accepted the registration request. Only with acceptance by Athlete Capital is the startup registered on the platform.

  5. Upon successful registration with Athlete Capital, the submitted startup information will be forwarded to suitable investors. Additionally, investors can view the profile of the startup in an anonymized form (without the pitch deck). If the notified investors or other investors who have become aware of the startup express interest to Athlete Capital, Athlete Capital will facilitate contact between the startup and the investor(s) through joint discussions.

  6. Furthermore, investors have the option to request access to the startup profile without expressing prior interest, thereby allowing Athlete Capital to initiate contact. If Athlete Capital grants the investor's request, the investor can view the complete startup profile, including information such as the pitch deck, shareholder agreement, fundraising agreement, and ticket size. Once an investor requests access to the complete startup profile, Athlete Capital will indicate the interest of the investor to the startup in an anonymized form.

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Section 3: Registration with Athlete Capital as an Investor

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  1. Investors have the option to register themselves on the platform without requiring confirmation from Athlete Capital. Athlete Capital assumes no liability for the information provided by investors. Athlete Capital does not verify or qualify the investor.

  2. With successful registration at Athlete Capital, investors have the opportunity to create a meaningful profile. This profile should include the investor's contact information and investment preferences to enhance the attractiveness of startup investment proposals.

  3. Investors can also provide feedback to Athlete Capital on the platform.

  4. It is prohibited to distribute or publicly reproduce platform content, especially startup content, unless such distribution or public reproduction is expressly provided for within the scope of Athlete Capital's respective application, and the affected startup has expressly consented to the distribution or public reproduction.

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Section 4: Obligations of registered users

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  1. Athlete Capital sends all notifications to the email address provided by the user. Therefore, users should regularly check their email inbox and spam folder for communications from Athlete Capital.

  2. Users are obligated to provide truthful, lawful, and complete information in their user profile (under "My Profile" on the platform). The posted content must not violate the rights of third parties, especially intellectual property rights such as patents, trademarks, copyrights, or trade secret protection rights of third parties. The posting of offensive, defamatory, glorifying violence, youth protection law-violating, otherwise abusive, or immoral content is expressly prohibited. In the event of a violation, Athlete Capital is entitled to block the user account.

  3. Users are also obligated to keep the information about themselves, especially personal data such as name, residence, and email address, up to date. Changes should be promptly communicated to Athlete Capital at (...) or updated independently in the user profile. Athlete Capital reserves the right to request additional information or documents from users beyond the provided data to ensure a secure platform and the reliability of the stored data.

  4. Users should promptly review and respond to messages received via their user profile from Athlete Capital, such as expressions of interest from investors.

  5. Any action that may impair the functionality of the platform, particularly by overloading it, is prohibited. The use of the platform is limited to its intended purposes. Furthermore, it is prohibited to use the contact information obtained through Athlete Capital to harass other users through spam messages.

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Section 5: Content Responsibility and Indemnification

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  1. Athlete Capital does not review whether the content submitted by users, which is not published by Athlete Capital, infringes on the rights of third parties or violates other legal requirements. Users are responsible for the content they submit and must ensure that it does not infringe on the rights of third parties, particularly in terms of copyright, trademark, competition, and criminal law.

  2. The content submitted by users is intended solely for appropriate use. Downloads and copies are not permitted for commercial use.

  3. By submitting information and documents, users indemnify the platform operator from any claims that third parties may assert against Athlete Capital due to a violation of their rights through the content submitted by the users.

  4. Athlete Capital is authorized to temporarily or permanently block, remove, or modify the content posted on the platform in a way that no longer violates the rights of third parties. If Athlete Capital is requested by third parties to cease the use of certain content submitted by users, Athlete Capital will issue a corresponding cease and desist declaration and remove the respective content from the platform.

  5. If there are concrete indications that users are violating the rights of third parties, legal regulations, or using the platform for purposes other than those covered by the contract, Athlete Capital may take appropriate measures in individual cases (e.g., warning, deletion of user profile).

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Section 6: Term of Contract and Termination

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  1. The user agreement for the platform's test operation is concluded for an indefinite period. Either party may terminate this user agreement at any time without observing a notice period. The termination can be made in writing or by email to info@athlete-capital.de.

  2. In the event of termination, the contractual relationship between the user and Athlete Capital ends upon the effectiveness of the termination, resulting in immediate termination. Athlete Capital will remove the user profile and the content submitted by the respective user upon becoming aware of the termination. Information about users that is already publicly available may remain on the platform after termination and does not need to be removed by Athlete Capital. Users agree to this upon registration.

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Section 7: No Warranty for User Content and Disclaimer

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  1. Athlete Capital does not guarantee the accuracy and completeness of the information and documents submitted by users.

  2. Athlete Capital is only liable for gross negligence, intent, and in the presence of a warranty. Furthermore, Athlete Capital does not warrant the accuracy of the information provided by users. User profiles contain information and documents that users have submitted themselves. Athlete Capital expressly states that the startup profiles accessible to registered users on the platform do not constitute an investment solicitation. The goal of Athlete Capital is merely to connect startups and investors with overlapping interests and preferences. This networking does not replace professional investment advice.

  3. Users are obligated to review the provided information and submitted documents for accuracy, at least through a one-time review.

  4. Athlete Capital assures that personal user data is treated with the utmost care and will not be disclosed to third parties without the users' consent.

  5. Athlete Capital is not liable for damages caused by the operation of the platform or by its legal representatives. The exclusion of liability for statutory intent and gross negligence is explicitly excluded.

  6. Athlete Capital is not liable for the conclusion of a contract between users or for the proper fulfillment of a potentially concluded contract between users.

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Section 8: Final Provisions

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  1. Agreements beyond these terms and conditions require written form.

  2. The place of jurisdiction for all disputes between Athlete Capital and users is Cologne unless mandatory legal provisions oppose this.

  3. Athlete Capital reserves the right to amend these terms and conditions at any time due to new features, expansions, changes in legal circumstances, or other reasons. Users will be notified of the amended terms and conditions with a minimum notice period of four weeks through communication on the corresponding user profile or to the provided email address. If a user does not agree to the changes in the terms and conditions, they may delete their user profile within four weeks of the announcement of the changes or request deletion by sending an email to info@athlete-capital.de. Users cannot claim any rights from this. If no objection is made by the user, the amended terms and conditions will be deemed accepted.

  4. Athlete Capital is free to decide on the content, appearance, design, functionality, and characteristics of the platform. This includes the right to redesign, modify, remove, or change the content, appearance, design, functionality, and other characteristics of the platform, as well as individual elements, aspects, parts, or features, at any time, or to modify access to them.

  5. Athlete Capital is not obligated to make a copy of the content of the platform available to users, store, or preserve it, unless required by applicable law.

  6. Athlete Capital may use the email address provided by users to inform them about similar goods and services offered by Athlete Capital. Users can object to receiving such emails at any time by sending an email to info@athlete-capital.de.

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As of February 8, 2023

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Athlete Capital GbR

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