Lemox Terms and Conditions

1. scope of application

1.1 Lemox GmbH with its registered office in Frankfurt am Main, business address Opernplatz 14, 60313 Frankfurt am Main ("Lemox") is a broker of investments within the meaning of Section 1 (2) of the German Investment Act (VermAnlG) and has a licence as a financial investment broker pursuant to Section 34f (1) sentence 1 GewO. Lemox is registered in the register of intermediaries for financial investments of the Chamber of Industry and Commerce Frankfurt am Main under D-F-125-M5SA-96.

1.2 Lemox operates an online platform ("Platform") at www.lemox.net. On the Platform, project developers ("Issuer(s)") have the opportunity to present their projects ("Investment Projects"). Users of the platform ("platform users") can - after registering on the platform - participate in the financing of these investment projects. The investment projects are financed by means of crowdfunding in accordance with Section 2a VermAnlG ("Crowdfunding").

2. platform contract

2.1 By using the Platform, a contract of use is concluded between the Platform User and Lemox ("Platform Contract"). The object of the Platform Contract is on the one hand the use of the Platform by Platform Users for information purposes and on the other hand - after registration and completion of the identification procedure in accordance with the applicable money laundering provisions - the brokerage of investments by Lemox.

2.2 The platform contract exclusively regulates the contractual relationship between the platform user and Lemox. The platform contract regulates neither the contractual relationships between platform user and issuer nor between Lemox and issuer.

2.3 All services of Lemox within the framework of the Platform Contract are free of charge for Platform Users. Lemox receives a commission from the respective issuer for the brokerage of the investment projects. The Platform Contract is exclusively subject to these General Terms and Conditions ("GTC Crowdfunding"), which govern the use of the Platform, all sub-domains and other websites and all services provided in this context, which are made available directly or indirectly (i.e. via third parties) via the Internet, any type of mobile end device or by e-mail.

2.4 The Platform Contract and the GTC Crowdfunding do not apply to the contract for participation in an investment project ("Investment Contract") concluded via the Platform between the Platform User and the Issuer. Lemox does not become a party to these investment contracts in any way, but acts exclusively as a broker of investments within the meaning of Section 1 (2) of the VermAnlG.

2.5 Amendments to the GTC Crowdfunding or the Platform Contract by the Platform User are ineffective. Deviating or conflicting general terms and conditions shall have no effect. They shall not apply even if Lemox does not expressly object to them.

All legal transactions between Lemox and the platform user take place electronically (e.g. via e-mail, publication of electronic messages or other communication on the website), unless mandatory statutory provisions require a different form of communication.

3 Registration on the Platform

3.1 On the platform, platform users can obtain information about the issuers, their investment projects and the conditions of participation by means of an investment contract.

3.2 Once a Platform User has found an investment project in which he wishes to participate, he has the option of concluding an investment contract with the Issuer via the Platform. In order to conclude an investment contract, the platform user must first register on the platform.

3.3 Registration of natural persons is only possible if they are of legal age, have a place of residence in Germany and have unlimited legal capacity. When registering, the platform user must provide their real name and full address. Legal entities may only be registered by their authorised representatives. All information to be provided by the platform user during the registration process must be truthful. Registration with incorrect data is not permitted and will result in exclusion from platform use.

3.4 To register, the platform user enters their personal data in the mandatory fields provided on the registration form. He assures that the data entered is complete and accurate and that no data has been provided by third parties.

3.5 There is no entitlement to registration. Lemox can refuse registration at its own discretion without giving reasons. In the event of a successful registration on the platform, Lemox will send a confirmation e-mail to the e-mail address provided by the platform user. The registration is only successfully completed by the confirmation of the activation link in the e-mail.

3.6 Platform users are obliged to keep their registration data correct at all times and to update it in the event of changes without being requested to do so. To do this, the platform user shall use the contact details to be found at [lemox.net]. The notification is possible, for example, via the e-mail address info@lemox.net.

3.7 Lemox shall provide each Platform User with its personal access data, with which the Platform User can view the data provided in the registration form and can correct and/or extend it independently at any time. Excluded from this are only changes to the first name and surname. Such a change can only be initiated via the customer service of Lemox.

3.8 Platform users choose a password for the registered account upon registration. They are obliged to ensure that this password is not made accessible to third parties. Every platform user bears the responsibility for all actions which are carried out via their account and is obliged to inform Lemox immediately of any knowledge of third parties of their password and any misuse of their account. The registered account of each registered platform user is of a highly personal nature and may not be transferred to third parties.

3.9 Use of the Platform and registration on the Platform are excluded if the Platform User is a "Recipient" in the United States of America or is acting on behalf of such a person. Recipient means a person as defined in Regulation S of the US Securities Act 1933. These include, but are not limited to, the following persons

(a) natural persons resident in the United States of America;

b) any partnership or corporation organised or incorporated under the laws of the United States of America;

c) any estate whose executor or administrator is a US Person;

d) any trust whose trustee is a US Person.

4 Use of the Platform

4.1 Platform Users may use the Platform to obtain information provided by the Issuers on the investment projects offered. Any information about investment projects on the Platform, including sample contracts for investment projects, does not constitute a binding offer by the Issuer to conclude a contract in the legal sense, but is provided to the Platform User for information purposes only.

4.2 If interested, the platform user can conclude an investment contract with an issuer within the framework of crowdfunding. Lemox does not become a contracting party to these investment contracts, but only provides the technical framework for the conclusion of the contract with the platform.

4.3 Within the framework of the brokerage, Lemox does not provide any consulting activities and does not provide any consulting services. In particular, no financing and/or investment advice and no tax and/or legal advice is provided. Before publishing the investment projects on the platform, Lemox only carries out an examination according to formal criteria. The publication therefore does not constitute an investment recommendation. Lemox neither checks the creditworthiness of the issuer nor the information provided by the issuer. Lemox does not give platform users any personal recommendations for the acquisition of investments on the basis of an examination of the personal circumstances of the respective platform user.

4.4 The Platform User must examine the documents relating to the investment project as well as his own financial circumstances on his own responsibility. They are aware that their decision to conclude an investment contract with an issuer is solely their responsibility. The documents made available on the platform do not constitute a sales prospectus in the legal sense. Platform users should inform themselves about the legal, economic and tax consequences of such an investment before concluding a loan agreement. The Platform User's attention is expressly drawn to the risk information contained in the documents provided as well as to the general risk information available at https://www.lemox.net/de/risikohinweise.

4.5 Lemox only carries out the appropriateness test prescribed by law (Section 16 (2) FinVermV). The knowledge and experience of the Platform User in relation to transactions with certain types of financial instruments are queried in order to check whether the User can adequately assess the risks in connection with the investment contract. If Lemox does not receive sufficient information from the platform user for such a check, the check cannot be carried out. Lemox will point this out to the platform user. The same applies if Lemox is of the opinion that the platform user cannot adequately assess the risks from the investment contract. Lemox will also inform the platform user accordingly in this case. In both cases the platform user can nevertheless decide to conclude the investment contract.

4.6 Insofar as Lemox offers links to third-party websites with third-party content on the Platform, this third-party content was checked at the time of the initial linking to determine whether it could give rise to civil or criminal liability. It cannot be ruled out that the content is subsequently changed by the respective providers. Lemox has no influence on the content of third-party websites and does not regularly check the content of linked websites for changes that could give rise to new liability on the part of Lemox. Platform users are recommended to inform themselves on the forwarded/linked websites about the applicable GTC and the data protection declaration/notices of the respective providers.

4.7 Lemox reserves the right to permanently exclude platform users from using the platform with immediate effect if there are signs of misuse of the platform, in particular if contracts are concluded via the platform without fulfilment of the resulting payment obligations.

5 Crowdfunding processing

5.1 When concluding the investment contracts Lemox does not act as an authorised representative of a party, but acts exclusively as a messenger of the issuer. Lemox therefore has no discretion of its own with regard to the conclusion of the investment contracts.

5.2 During the term of the investment contracts Lemox also provides services for the issuer, in particular in the areas of contract management and payment monitoring. However, at no time does Lemox itself accept payments from the parties and in particular does not provide any services that require a licence pursuant to the German Banking Act, the German Capital Investment Code or the German Payment Services Supervision Act. Payments are processed exclusively via an external payment service provider. The external payment service provider receives the loan amounts granted by the platform users on the basis of the subordinated loan agreements and forwards them to the issuer's bank accounts if the respective investment project is successfully financed. In addition, the external payment service provider processes any repayments by issuers to platform users.

6 Liability

6.1 Claims of the platform users for damages against Lemox are excluded. Excluded from this are claims for damages of the platform users from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as the liability for other damages which are based on an intentional or grossly negligent breach of duty by Lemox or the legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

6.2 In the event of a breach of essential contractual obligations Lemox is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages of the platform users from an injury to life, body or health.

6.3 The above limitations of liability also apply in the event of the fault of a vicarious agent of Lemox as well as for the personal liability of the employees, representatives and organs of Lemox. However, the above limitations of liability do not apply in the event of the assumption of express guarantees by Lemox.

6.4 Lemox is not liable for the information that issuers make available about themselves on the platform. This is based exclusively on statements and documents of the issuers themselves. The responsibility for ensuring that this information is accurate, up-to-date and complete lies solely with the respective issuer. Lemox does not carry out any checks. Furthermore, Lemox is not liable for breaches of duty by the issuer within the scope of the investment contracts. Nor is Lemox liable for the economic success of the financing, the default of payments and the risk of insolvency of the contracting parties of the investment contracts.

6.5 Lemox cannot guarantee continuous and uninterrupted availability and accessibility of the platform. Any liability in this respect is excluded.

7. amendment of the terms of use

Lemox reserves the right to amend the conditions of these GTC Crowdfunding at any time and to subject the use of the platform to new or further contractual conditions. The amended terms and conditions will be sent to the registered platform user by email subject to a notice period of six weeks before they come into effect. They shall become effective if the platform user does not expressly object to the changes before the respective date of entry into force. As part of the sending of the amended terms and conditions Lemox will inform the registered platform user separately of the possibility of objection and the consequences of not taking action. In the event that the platform user objects to the changes, Lemox is authorised to terminate the platform contract.

8 Data protection

8.1 The personal data arising in connection with this platform contract will be processed by Lemox for the purpose of contract fulfilment. When processing the personal data of the platform user Lemox observes the statutory provisions and the general data protection provisions of Lemox ("General Data Protection Provisions") which are available at https://www.lemox.net/de/datenschutz.

8.2 For the purpose of the payment of church tax on capital gains (insofar as applicable) the platform user agrees that Lemox may request the church tax characteristics of the platform user from the Federal Central Tax Office so that the church tax can be paid for the user if necessary. The platform user can object to the disclosure of their data by issuing a blocking notice at the Federal Central Tax Office. A blocking notice remains in place until a written revocation/cancellation.

9 Term and cancellation

9.1 The platform contract is concluded for an indefinite period of time. It can be cancelled at any time by the Platform user or Lemox with a notice period of one week to the end of the month. The right to extraordinary cancellation remains unaffected by this.

9.2 Cancellations by the Platform user are to be sent by e-mail to info@lemox.net. The Platform user will be informed about cancellations by Lemox by e-mail to its last e-mail address deposited on the Platform.

9.3 Cancellation of the Platform Agreement has no influence whatsoever on the validity of the subordinated loan agreements concluded between the Platform User and the Issuer. Investment contracts are not affected by a cancellation of the platform contract.

10 Final provisions

10.1 Lemox is entitled to commission third parties with the fulfilment of individual or all obligations arising from this agreement and to provide them with the data and information necessary for the fulfilment of the obligations arising from this agreement. The fulfilment of tasks by third parties does not affect the rights and obligations arising from the platform contract and these GTC Crowdfunding.

10.2 The transfer of the rights and obligations from the platform contract and these GTC Crowdfunding by Lemox to a third party does not require the consent of the platform user. Lemox will notify a transfer immediately.

10.3 German law applies exclusively to all legal disputes arising in connection with the Platform Contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

10.4 The place of jurisdiction is the place of residence of the platform user.

10.5 The European Union has initiated an online platform for the out-of-court settlement of consumer disputes (www.ec.europa.eu/consumers/odr). In accordance with § 36 of the Consumer Dispute Settlement Act VSBG, Lemox points out that Lemox does not participate in dispute settlement proceedings before this arbitration body.

10.6 Should provisions of this licence agreement be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case Lemox will replace the invalid provision with a valid provision. The same applies to a contractual loophole.