Preamble

Our Website participaid.com is a forum designed to bring people together and to help them to do good. These terms of service ("Terms of Use") describes the terms and conditions applicable to the relationship between Participaid GmbH ("Participaid") and users of our service ("Users"). Unless otherwise stated, the Terms of Use apply to Users who want to create a project and act as Project Manager ("Project Manager"), to Users who participate and help Project Managers on such projects ("Participants") and Users who wish to support Project Managers and Participants by way of donations ("Supporter").

Subject matter and acceptance

The purpose of these Terms of Use is to define rights and obligations in connection with the use of services provided by Participaid via www.participaid.com and sub‑domains thereof ("Site").

Please read the Terms of Use carefully. By using the Site, you accept the terms and conditions of these Terms of Use as amended from time to time and of Participaid's Privacy Policy, which is also applicable.

Access to and use of the Site

User Account

Services offered on the Site are available only after creating a customer account ("Account").

1. The User undertakes to provide the information required for creating the Account ("User Information") truthfully, completely and in comprehensible form. Whenever User Information changes, the Account must be updated on a timely basis.

2. The User is solely responsible for the Account created by him and for any use of the Site via such Account. This applies in particular to any form of content, including but not limited to text, images and photos, videos and sound recordings (together "Content"), posted by the User on the Site. Users may not use another User's Account without the consent of the creator of such Account.

3. The Account and/or the access data for the Account may not be transferred to third parties without Participaid's written consent.

Users may search for specific User Accounts by way of engaging an internal search engine.

Use of Account

Participaid grants the User the right to use his Account as described in these Terms of Use. This right can be revoked at any time and without stating any reasons. This right of use does not include the right to

4. copy, distribute and/or publicly display any content from the Site or parts thereof without Participaid's express permission,

5. alter and/or modify the Site or any part thereof other than as may be necessary to use the Site for its intended purpose,

6. use the Site in a way impairing the functionality of the Site, particularly by using malware (such as viruses, Trojan horses, worms, Easter eggs) or automated means to access the Site (such as robots, spiders or scrapers) or to restrict access to the Site, or by deliberately imposing a disproportionately large load on the Site's infrastructure which is not required to use the Site for its intended purpose, and

7. use the Site in a way contravening applicable law.

Rights to Content and Information

The User grants to Participaid a non-exclusive, royalty-free, irrevocable, perpetual, worldwide and sub-licensable right to use in connection with the use of the Site all information and Content supplied by the User to Participaid. The right of use also covers future types of use that were as yet unknown at the time these Terms of Use became effective.

Chat Function

Participaid offers a chat function on the Site. Users may communicate with each other on subjects relating to projects. The chat function may not be used for communication on unrelated subjects. Any communication form Content within the meaning of Clause 2.1(b) and is subject to the legality requirements set out in Clause 9.1.

Projects

2. The User may use his Account as a Project Manager to initiate a social project. Any information on the project must be clear, fair, reasonable and comprehensive in order to allow other Users to adequately understand and evaluate the project ("Project Information"). In particular, any involvement of a corporate entity must be revealed. If the Project Manager initiates a project on behalf of a corporate entity, he must be adequately authorized to represent the entity.

3. Participaid reserves the right to reject projects without stating any reasons, particularly, but not limited to, where projects do not comply with the respectively applicable laws and / or where the purpose and / or the content of a project would transgress the standards of public decency Participaid will inform the Project Manager in text form (e.g. by email) about the approval or dismissal of the project. Approvals not rendered within the aforementioned four-month period are deemed to be rejected.

4. Participaid will provide for a ranking depicting the currently most successful projects on the Site. The success of a project is determined in consideration of the number of participants or karma points and at Participaid’s own discretion.

5. Latest projects initiated and published on the Site will be accessible through a so-called News Box. Further, Users may search for specific projects by way of engaging an internal search engine.

Participation

When accepting to participate in a project published on the Site, you agree to the following:

1. The Participant is fully responsible for reading the complete Project Information, particularly the needs and/or wishes before making a commitment to participate.

2. The Participant enters into a legally binding contract with the Project Manager (or any third party named in the Project Information), not with Participaid, regarding his participation in the project.

3. Participaid does not transfer legal ownership of items between Users.

Support

6. Users may support a project by way of awarding benefits to Users (Participants and/or Project Managers). Benefits may include services and goods the Supporter arranges for. Any such support is governed by the following:

   1. The Supporter is fully responsible for providing the support offered on the Site.

   2. If necessary, the Supporter enters into a legally binding contract with the Project Manager (or any third party named in the Project Information) and/or Participant, not with Participaid, regarding his support.

   3. Participaid does not transfer legal ownership of items between Users.

7. The support being offered by the Supporter must not include any actions which do not comply with the respectively applicable laws or which would transgress the standards of public decency

Karma Points

8. Via so-called Karma Points User may reward Project Managers and/or Participants for their engagement in projects. In detail, Users may obtain and use Karma Points as follows:

   1. 50 default Karma Points are rewarded for any User registering on the Site. In addition, 250 further default Karma Points are assigned to each project created by a User.

Default Karma points must not (a) be awarded to the User himself, and (b) projects initiated by the very User.

2. The User may award Karma Points to projects initiated by other Users or to Users for their engagement in a certain project. In order to prevent misuse, the awarding of Karma Points to other Users and / or projects is limited to 1.000 Karma Points per need or wish.

3. Karma Points may be exchanged amongst Users against goods and / or services offered in the Karma Shop on the Site.

4. After completing a project, the Project Manager can choose between the following options for using Karma Points still being assigned to the project (but not required anymore for its completion):

   1. transfer to another own project,

   2. transfer to other projects of another User, and/or

   3. transfer to Participaid.

5. In case a User deletes his Account, any remaining Karma Points are transferred to Participaid's Account. The same applies for Accounts in which the User did not login for one year. In the latter case, the User will receive an automatic notification from the system one month prior to the automatic transfer of its Karma Points.

In case a User reactivates his Account, he got rewarded by 25 default Karma Points. These default Karma points must not (a) be awarded to the User himself, and (b) projects initiated by the very User.

9. Each year on 31^st December, Participaid receives a mandatory contribution amounting to 5% of the Karma Points held in the User Account at that date. If no Karma Points are held, no deduction is made. Any deduction is indicated in the User's Karma Points statement.

Badges

A Project Manager may award badges to Participants. Badges show how much good the user has done so far. A Participant can only receive one badge per need he participates in.

In case a User deletes his Account, any remaining badges will be lost. The same

applies for Accounts in which the User did not login for one year.

Monitoring

Participaid, at its sole discretion, may – but has no obligation to – monitor use of the Site in order to be able to detect and to stop any misuse of the Site.

Legality and Indemnification

Legality of Content

The User guarantees the legality of the Content published on the Site. To the extent that, in addition to the Content posted by him on the Site, the User also links to Content stored elsewhere, the requirements of this clause will also apply to such Content. Legality is determined in accordance with German law.

Indemnification

If any claims are asserted against Participaid by third parties (including state institutions) which assert alleged rights to or the illegality of the Content in any other respect, the User will indemnify Participaid against these claims without delay, offer Participaid the requisite assistance in the legal defence (which Participaid is entitled but not obliged to pursue) and indemnify Participaid against the costs of the legal defence. This is subject to the condition that Participaid promptly informs the User of any claims asserted, makes no concessions or acknowledgements or equivalent declarations and allows the User to conduct all judicial and extrajudicial proceedings/negotiations regarding the claims at the User's expense. Participaid reserves the right to assert other claims beyond this.

Liability

10. Participaid provides the Site and any services available via the Site "as is". Participaid does not give any guarantee whatsoever, and in particular no warranty of a certain condition or fitness for a particular purpose or the merchantability of the services described in these Terms of Use. Participaid is not to be held liable for any third-party Content including third-party websites linked to the Site.

In particular, Participaid assumes no liability regarding continuous, unrestricted and/or uninterrupted access to the Site and/or the services provided via the Site.

11. Besides, liability on the part of Participaid is restricted to intent and gross negligence [grobe Fahrlässigkeit].

In the event of simple negligence [einfache Fahrlässigkeit], Participaid is liable only for damage that is attributable to a breach of material obligations under these Terms of Use and that jeopardises the purpose of these Terms of Use. Participaid's liability for simple negligence is limited to damage typically foreseeable for this type of agreement. The foregoing restrictions of liability apply in relation to any and all damages claims, irrespective of their legal basis, including claims based on tort.

The foregoing restrictions of liability do not apply to the extent that liability is prescribed by law, in particular under the German Product Liability Act, and in the event of injury to life, limb or health, defects following the provision of a warranty as to a product's condition [Beschaffenheitsgarantie] or fraudulently concealed defects.

12. The User is liable to Participaid for any damage or loss incurred by Participaid due to any unauthorised use of the User's Account, provided and to the extent that the User is responsible for such unauthorised use.

13. Particpaid cannot be held liable for any damages arising from a User's non- and/or misperformance in connection with the User's commitment to fulfil any needs and/or wishes being part of a project listed on the Site.

Group companies and subcontractors

Participaid is entitled to have individual or all services under these Terms of Use performed by affiliates as defined in Sec. 15 of the German Stock Corporation
Act [Aktiengesetz – AktG] or by third parties, and in particular by subcontractors..

Amendments, modifications and termination of services

Participaid reserves the right to unilaterally modify or terminate at its sole discretion the Terms of Use or individual services described herein ("Amendment to the Terms of Use"). If there is any Amendment to the Terms of Use, Participaid will post a corresponding notice on the Site ("Notice"). The Terms of Use as amended in each case will take effect seven days after the posting of such Notice on the Site.

Web Analytics

Termination of services

Participaid is entitled to deactivate the User's Account with immediate effect temporarily or permanently, in particular if

1. the User breaches these Terms of Use

2. Participaid is unable to verify the authenticity of user or company information provided by the User and/or

3. there is a suspicion that actions by the User are capable of giving rise to liability on the part of, or causing damage to, Participaid or any other user.

Data protection

Participaid undertakes to comply with the applicable data protection provisions, in particular those of the German Federal Data Protection Act [Bundesdatenschutzgesetz – BDSG]. Participaid attaches great importance to the protection of personal data. The details concerning the use of personal data are set out in the Participaid Privacy Policy. Please also read this Privacy Policy carefully in addition to the Terms of Use.

Notices and contact details

14. To the extent that notices must be given to Participaid under these Terms of Use and unless other provisions apply in the individual case, these notices must be given in writing to the following address:

Participaid GmbH

Am Wiesengrund 8

82343 Pöcking

Germany

15. If you have any questions concerning Participaid or the Terms of Use, please contact our support team at support@participaid.com.

Miscellaneous

16. The place of performance is Pöcking, Germany.. The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement is Frankfurt am Main. This does not apply in relation to summary proceedings for orders to pay debts [Mahnverfahren].

17. This Agreement is governed by German law, excluding the conflict of law provisions and the UN Sales Convention (CISG).

18. These Terms of Use including the documents it incorporates by reference represents the entire agreement concerning the subject matter hereof. No side agreements have been made. Any changes and amendments to, or a cancellation of, these Terms of Use require written form. This also applies to any provision by which this written form clause is contracted out.

19. If any provision of these Terms of Use is invalid or unenforceable, the remaining provisions will remain unaffected thereby. Participaid and the User agree already now that the invalid or unenforceable provision will be replaced by a valid and enforceable provision which comes as close as possible to the economic purpose of the replaced provision.

20. The provisions under clauses 5, 6, 7 and 8 will survive the termination of these Terms of Use. The same applies in relation to the User's obligation to pay any fees owed under clause 4, provided that the services subject to fees were rendered before the termination of the Terms of Use.