Registration Rules

  1. TERMS AND DEFINITIONS

    Account - The Investor's account on the Platform reflecting the balance of the Investor's funds available for investment and funds invested in Projects;

    Agreement - The agreement governing the use of the Platform and the Services, consisting of these Rules, the Terms, the Identification Form, and the Price List;

    AML/CTF Policy - The Operator's Anti-Money Laundering and Counter-Terrorist Financing Policy;

    Fundroom - The Investor's personal area on the Website;

    GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

    Identification Form - The questionnaire available on the Website that must be completed by the Investor for Know Your Customer (KYC) purposes;

    Investor - An individual or a legal entity, who has passed registration on the Platform, has been identified and approved by the Operator and receives the Services - uses the possibility to lend the Funds to the Project owners via the Platform;

    KYC - The process of identifying, verifying, and assessing the Investor by the Operator and the PSP in accordance with the AML/CTF Policy, the Operator's and the PSP's internal procedures, and applicable Law;

    Law - Any applicable law governing the Services or the legal relationship between the Operator and third parties;

    Member State - A Member State of the European Union.

    Operator - FUNDAUS SIA (a limited liability company duly registered in the Republic of Latvia under the registration number 40203499321, registered legal address: Duntes iela 28 - 213, Riga, LV-1005, Latvia). More details and contact information are available on the Website;

    Platform - The electronic system operated by the Operator for providing the Services through the Website;

    Privacy Policy - The Operator's policy governing the processing and protection of personal data in accordance with the GDPR and applicable Law;

    Project - A funding opportunity for business activities published on the Platform.

    Project owner - A person applying for a financing of its Project via the Platform and receiving the Loan in accordance with the conditions of concluded loan agreements;

    PSP - Payment service provider, a payment institution providing account and payments services to the Operator, the Investors and the Project owners for the purpose of provision and use of the Services, Lemonway SAS;

    Registration Form - The online registration form available on the Website for prospective Investors.

    Rules - These Registration Rules;

    Services - Crowdfunding services provided by the Operator through the Platform, connecting Investors with Project owners seeking financing for specific Projects;

    Terms - The Terms and Conditions for Investors;

    User - A person or legal entity that has completed registration on the Platform in accordance with these Rules;

    Website - www.fundaus.com

  2. PURPOSE AND APPLICATION OF THE RULES

    1. These Rules govern the registration process on the Platform;
    2. The User must accept these Rules before registering on the Platform;
    3. These Rules become binding on the User upon their acceptance;
    4. Matters not regulated by these Rules shall be governed by the Terms. In the event of any conflict between these Rules and the Terms, the Terms shall prevail.
    5. All personal data provided during registration shall be processed in accordance with the Privacy Policy and applicable Law.
  3. REGISTRATION PROCESS

    1. A prospective Investor must complete the registration process before using the Services.
    2. To register, the prospective User shall either:
      • click the "Login" button on the Website and select "Register", or
      • access the "For Investors" section of the Website and complete the Registration Form.
    3. The Registration Form requires the User to provide:
      • a valid personal email address;
      • a password that complies with the Website's password requirements (minimum 12 (twelve) characters, including at least one uppercase letter, one digit, and one special symbol);
      • confirmation of the password;
      • selection of whether the User is registering as a natural person or a legal entity; and
      • confirmation of acceptance of these Rules.
  4. EFFECT OF REGISTRATION

    1. Upon submission of the Registration Form, the User will receive a verification email. By following the verification link, the User's email address will be verified.
    2. Once the email address has been verified, the User will receive an Investor ID and will be redirected to the Identification section of the Fundroom, where the Identification Form must be completed.
    3. The completed Identification Form, together with any supporting documentation requested by the Operator, shall be submitted for KYC purposes and, where applicable, forwarded to the PSP for verification and acceptance.
    4. Until the Investor has successfully completed the KYC process and has been accepted by both the Operator and, where applicable, the PSP, the Investor shall not be permitted to invest, transfer funds, or access detailed information relating to Projects or Project owners.
    5. If the User does not complete the Identification Form during the initial visit to the Fundroom, the Identification Form will remain available under the Profile section until completed.
    6. Once the Investor has successfully completed the KYC procedure and has been accepted in accordance with the AML/CTF Policy and the Operator's internal procedures, all Platform functionalities shall become available.
    7. If the User is not accepted or is otherwise prohibited from using the Platform or the Services, the Operator shall notify the User and deactivate the User's Account.
    8. The combination of the User's verified email address and password shall constitute sufficient authentication for access to the Platform. Any actions performed after successful authentication - including entering into agreements, submitting instructions, or providing consents - shall be deemed to have been performed by the User and shall be legally binding on the User.
    9. The Investor shall use the password each time the Investor logs into the Platform.
    10. The Operator may modify the registration or verification procedure at its discretion, including by implementing electronic identification methods or third-party verification tools. Any applicable instructions shall be published on the Website or otherwise made available to Users.
    11. Where required, the Investor shall install and use mobile applications designated by the Operator to complete the registration or verification process.
    12. Where the correct password has been used to access the Platform, the Operator shall be entitled to presume that the person accessing the Platform is the Investor or a person duly authorized by the Investor, unless the Investor has previously notified the Operator otherwise.
    13. The Operator may suspend or restrict access to the Services or refuse to execute instructions where it reasonably believes that the Investor's login credentials have been compromised or are being used by an unauthorized person.
    14. The Investor shall keep login credentials confidential and shall be solely responsible for all consequences arising from disclosure of those credentials to third parties.
    15. If the Investor becomes aware of or suspects unauthorized access to the Fundroom or any security breach, the Investor must notify the Operator without undue delay.
    16. Upon receiving such notification, or where the Operator independently identifies a potential security breach, the Operator may suspend access to the Platform until the Investor's identity has been reverified.
    17. Unless and until the Investor notifies the Operator of unauthorized access:

      (a) the Investor shall remain responsible for all instructions and information submitted through the Investor's authenticated account; and

      (b) the Operator shall not be liable for unauthorized access or any resulting losses, provided the Operator has acted in accordance with applicable Law and these Rules.

    18. The Fundroom contains information relating to the Investor's activities on the Platform, including identification status, Account balance, investments, agreements, accepted versions of Platform documents, instructions, and other relevant information.
    19. Full access to the Services is granted only after successful completion of the identification and KYC procedures and receipt of the Operator's acceptance notice.
    20. The Operator may correct clerical or technical errors in the Investor's Fundroom without prior notice, provided that such corrections do not adversely affect the Investor's rights or legitimate interests.
  5. CHANGES TO USER INFORMATION

    1. The Investor may change the password and communication email address through the Settings section of the Fundroom.
    2. The email address used for login may not be changed. Any newly added email address may only be used for communication purposes.
    3. Any new communication email address must be verified before it becomes active.
    4. The Investor may update identification information at any time through the Identification Form or upon the Operator's request. Updated information shall be subject to review and approval by the Operator.
    5. The Investor shall ensure that all information provided to the Operator remains accurate and up to date.
  6. SUSPENSION AND RESTORATION OF ACCESS

    1. The Operator may suspend access to the Account at the User's request or in any circumstances provided for in the Terms or other applicable Platform documents.
    2. Where access is suspended because the password may have been compromised, the User will receive instructions for creating a new password.
    3. Where access is suspended for other reasons, the User shall contact the Operator to receive further instructions. The Operator may require the User to complete a new KYC procedure.
    4. The Operator may permanently suspend or terminate access where required by Law or the Operator's internal policies.
  7. USER OBLIGATIONS

    The User shall:

    a) maintain accurate and up-to-date registration and identification information;

    b) use the Services only for lawful purposes;

    c) invest only the User's own funds unless legally authorized to act on behalf of another person;

    d) familiarize themselves with all documents, policies, risk disclosures, and FAQs published on the Website; and

    e) comply with these Rules, the Terms, and all other applicable Platform documents.

  8. COMMUNICATIONS

    1. The Operator may communicate with the User using the email address provided during registration.
    2. By accepting these Rules, the User consents to receiving notices and legally significant communications electronically and acknowledges that such communications shall have the same legal effect as communications in paper form, unless otherwise required by applicable Law.
    3. The Operator may, but is not obliged to, send notifications regarding investments, transfers, generated agreements, Account activity, and other Platform events.
    4. The User also consents to receiving marketing communications, information regarding new Projects, and promotional offers. The User may withdraw this consent at any time.
    5. The User may contact the Operator through the Contact Form available on the Website or by email at: info@fundaus.com.
  9. ACCOUNT DEACTIVATION

    The Operator may deactivate the User's Account in the circumstances and in accordance with the procedures set out in the Terms.