Terms and Conditions for usage of the PACEUPinvest Marketplace

1. Preamble

The PACEUPinvest Marketplace (hereinafter referred to as “Marketplace”) is an online platform which enables clients having demand for financial advisors and coaching services (hereinafter referred to as “Customers”) to search for possible partners providing those services i.e coaches and financial advisors (hereinafter referred to as “Providers”). Customers and Providers are collectively hereinafter referred to as “Users”.

In addition the Marketplace offers Customer, a list of Providers selected as her matches.

The Marketplace is operated by PACEUPinvest GmbH, Julius Hatry Straße 1, 68163 Mannheim, Germany.

The Terms and Conditions (hereinafter referred to as “T&C”) shall apply to all contracts between any User of the Marketplace (whether Customer or Provider) and PACEUPinvest.

2. User contract

2.1 Subject matter of the contract

This contract shall regulate access to the Marketplace for the purposes described in the preamble of these T_C, where Users can introduce themselves and contact each other. PACEUPinvest creates, operates and maintains the Marketplace; however, it itself does not actively act as an agency / mediator between Users. Where applicable, the subject matter of this agreement shall exclude third party services / applications embedded in the platform. A separate contractual relationship shall be established with such third parties. Furthermore, the subject matter of this agreement shall exclude any kind of extended services (“Extended Services”) provided by PACEUPinvest which are not basic to the Marketplace such as usage of the membership platform, investment advisory, and private wealth management.

PACEUPinvest reserves the right to change or amend the rules contained in these Platform Marketplace Terms and Conditions. If we make updates to these terms and conditions, we will notify all Users of such updates within a reasonable period of time. Users may object to the application of the new conditions within this period. If there is no objection, this constitutes consent to the updated version.

We will only accept conflicting or deviating terms and conditions of our Users if we expressly agree to their validity in writing in advance.

2.2 Conclusion of contract

The user concludes a contract with PACEUPinvest by way of the online registration procedure and upon using the activation link in the verification E-mail sent by PACEUPinvest

2.3 Access and fees

Basic access to the Marketplace as well as to basic functionality of the Marketplace is free of charge for customers. Providers will be charged based on a separate agreement.

PACEUPinvest reserves the right to change the pricing models, as well as to extend, change or limit the functionality of the Marketplace or stop access to the Marketplace free of charge at any time.

2.4 Eligible Users

The Marketplace is intended to connect Users and by concluding a contract according 3.2 the User shall guarantee to be representing a natural or legal person legally constituted.

Furthermore, all Users must be persons of legal capacity, who are at least 18 years of age. Solely eligible to conclude contracts with PACEUPinvest are Users, i.e. natural or legal persons or legally constituted partnerships, who act in an independent professional or business capacity when concluding legal transactions.

Any company representative of a User concluding a contract shall guarantee to PACEUPinvest that he is authorized or commissioned by the User to execute the respective action.

PACEUPinvest shall have absolute discretion as to whether or not it accepts a particular applicant for access and participation in the Marketplace. Without limiting the foregoing, the Marketplace is not available to persons under 18 years of age. Each User is responsible for what occurs on their account and must report any unauthorized use of their account to PACEUPinvest. 

3. Service contracts

3.1 Contract parties

The creation and negotiation of projects, the related contract conclusion and the fulfilment of the contract are solely the responsibility of the participating Users. The Users are also responsible for ensuring that the projects are in accordance with German law and the law of the respective Users. Users shall negotiate their projects independently with each other. PACEUPinvest shall not act as representative of any User and shall not become a contract party in a service contract concluded between a Customer and a Provider This would require PACEUPinvest explicitly agreeing in writing in line with agreeing to provide Extended Services at extra costs.

3.2 Content of the service contracts

Users are free to formulate the service contracts among themselves as they wish; however, the content of the service contracts may not contradict these T_C. The behaviour of the Users in fulfilling their service contracts influences the reputation of the Marketplace and thus PACEUPinvest. Therefore, the Users assume an obligation towards PACEUPinvest to comply with and properly execute the concluded service contracts. In particular, this means that any concluded non-disclosure agreements must be observed, unless explicitly agreed otherwise between the service contract parties.

4. Access to Marketplace

Customers are able to use the Marketplace without a login. When filling the forms, Users must provide a valid E-mail address, which shall simultaneously serve as the means of communication between the User and PACEUPinvest.

5. Use of the Marketplace

The User is obliged to observe any applicable law while using the Marketplace (including, in particular, criminal, competition and youth protection laws) and not to violate the rights of third parties (in particular trademark rights, copyrights, personal rights and data protection rights). In particular, this also means that the User may not send or upload advertising messages (spam messages in particular) or any other content not in compliance to common business ethics without the consent of the recipient. If the content set up by the User includes hyperlinks to websites of third parties, the User shall ensure that he is authorized to use these hyperlinks and that the websites to which a link is established are compliant with applicable laws and the rights of third parties within this context.

The material on this Marketplace is protected by copyright, trademark, and other applicable laws. The User may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Marketplace, including but not limited to text, audio, video, code and software. PACEUPinvest neither warrants nor represents that Users use of materials displayed on the Marketplace will not infringe rights of third parties not owned by PACEUPinvest or affiliated with this Marketplace.

Any data or information entered or uploaded to the Marketplace does not reflect PACEUPinvest’ views and PACEUPinvest does not have any obligation to monitor, edit, or review any information entered or data uploaded on the Marketplace. The User is solely responsible for the content that he enters or uploads on the Marketplace and any material or information that the User transmits to other Users and for his interaction with other Users.

PACEUPinvest assumes no responsibility or liability arising from the content of any such data or information entered or uploaded by a User nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such data on the Marketplace. The User is strictly prohibited from entering, uploading or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

Without limiting the foregoing, the following behaviours are strictly prohibited:

  • Strong, vulgar, obscene or otherwise harmful language,

  • Racially, ethnically or otherwise, objectionable language,

  • Harassing, intimidating, stalking or threatening other community members,

  • Libellous, defamatory or otherwise tortuous language,

  • Online vandalism,

  • Impersonation of another person,

  • Posting, distributing, transmitting or promoting illegal content,

  • Invasion of another's privacy,

  • Actions that are hurtful to minors,

  • Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party, Posting, providing, transmitting or otherwise making available any junk mail or spam, and

  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Marketplace.

PACEUPinvest will fully cooperate with any law enforcement authorities or court order requesting or directing the Marketplace to disclose the identity of anyone posting any such information or materials.

PACEUPinvest assumes no responsibility for content posted by Users and assume no responsibility for activities, omissions or other conduct of Users.

Nothing on the Marketplace shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment or retention practices or otherwise.

6. Reservation of rights

PACEUPinvest reserves all intellectual property and other rights to the platform, software, all content, the PACEUPinvest website, trademarks, and the PACEUPinvest logo including for any adjustments and customizations. Any use outside of these conditions requires the explicit prior consent of PACEUPinvest.

7. User Feedback and References

The User agrees and acknowledges that unless explicitly requested otherwise by User in writing, PACEUPinvest may display the Users company name, logo and public description of the Users profile as part of the Marketplace or PACEUPinvest website(s) and / or other PACEUPinvest marketing material.

PACEUPinvest regularly asks its Users for feedback. This feedback is always voluntary and usually confidential. PACEUPinvest reserves the right to use completely anonymous feedback to improve our services and for reporting purposes and to make it available to Users with a legitimate interest while maintaining data protection.

Our Users agree to be cited by PACEUPinvest as a reference and authorize the use of the corresponding logo. The right of use can be revoked at any time by sending a simple declaration to support@paceupinvest.com

8. Rights to the Marketplace and prohibition of interfering

All rights related to the Marketplace (in particular copyrights) belong to PACEUPinvest. The User is obliged to observe this and undertakes not to use parts of the Marketplace or any other content whatsoever himself - personally or commercially - beyond the options provided to him in the scope of use of the Marketplace. This means, in particular, that Users shall not use data and information that has come to their attention through the Marketplace beyond communication within the scope of an own project being part of the Marketplace. In particular, it is prohibited to use such information for advertising, sending unsolicited e-mails or for other unacceptable purposes.

The User expressly agrees not to:

  • Use the Marketplace or its contents for any commercial purpose other than intended by PACEUPinvest and described by this T&C;

  • "frame", "mirror" or otherwise incorporate any part of this Marketplace into any other website without prior written permission of PACEUPinvest.

The User must abstain from all actions which might manipulate, interfere with and/or overload the operation of the Marketplace or the supporting technical infrastructure and its functions/means of access. In particular, this includes the following:

  • To access, monitor or copy any content or information of the Marketplace using any software, virus, robot, spider, scraper, scripts, databases or other automated means or any manual process for any purpose with the use of the Marketplace;

  • To violate the restrictions in any robot exclusion headers on the Marketplace or bypass or circumvent other measures employed to prevent or limit access to the Marketplace;

  • deep-link to any portion of the Marketplace for any purpose without our express written permission;

  • Taking any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden or load on our infrastructure;

  • The blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the Marketplace.

The attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PACEUPinvest in connection with the Marketplace or the related services.

9. Ideas of improvement

By sending us any ideas, suggestions, documents or proposals ("Ideas"), User agrees that

  1. his Ideas do not contain the confidential or proprietary information of third parties,

  2. PACEUPinvest is under no obligation of confidentiality, express or implied, with respect to the Ideas,

  3. PACEUPinvest may have something similar to the Ideas already under consideration or in development, and

  4. the User grants PACEUPinvest an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Ideas, and the User irrevocably waive, and cause to be waived, against PACEUPinvest and its other Users any claims and assertions of any moral rights contained in such Ideas.

10. Warranty

  • In principle, the statutory regulations on warranty shall apply, unless these contractual conditions contain deviating agreements.

  • The use of our services and the platform is at your own risk and we do not assume any guarantee of quality, warranties or guarantees. In particular, we accept no liability for the completeness, accuracy, availability, accessibility, safety or reliability of the services provided.

  • The §§ 536b (knowledge of the tenant of the lack with conclusion of a contract or acceptance), 536c (defects occurring during the renting period; notice of defects by the tenant) of the civil code (BGB) apply.

  • The application of § 536 BGB (German Civil Code) (rent reduction with material and legal defects) is impossible, as far as the lack is not to be led back on a fault of the offerer. The application of § 536a Abs. 2 BGB (self removal right of the tenant) is excluded. Also excluded is the application of § 536a para. 1 BGB (liability of the lessor for damages), insofar as the standard provides for strict liability.

  • Users shall not have the right to file claims regarding availability. In particular, PACEUPinvest reserves the right to restrict access to the Marketplace, completely or partially, temporarily or permanently, due to maintenance works, capacity considerations and due to events, which are beyond PACEUPinvest' control. Individual Users are also not allowed to pursue claims with regard to the preservation of certain functions and services by PACEUPinvest.

11. Release from liability

The Users indemnify PACEUPinvest from all claims of third parties, which are due to the fact that the respective user has not adhered to these conditions. This also includes the costs for legal defence against asserted claims.

12. Disclaimer

  1. PACEUPinvest is liable without contractual limitation only for damages of the user:

    • which are based on an intentional or grossly negligent breach of duty by PACEUPinvest or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent on PACEUPinvest,

    • from the injury of life, body or health, which are based on a negligent breach of duty of PACEUPinvest or an intentional or negligent breach of duty of a legal representative or vicarious agent of PACEUPinvest, as well as

    • within the scope of liability according to the regulations of the product liability law, guarantees granted to the user or due to fraudulent deception on the part of PACEUPinvest.

  2. For damages, which are based on a slightly negligent violation of an essential duty, the liability of PACEUPinvest GmbH is limited to the amount of the damage, which is predictable and typical according to the nature of the business in question. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfilment enables the proper execution of the contract in the first place and on whose compliance, you regularly rely.

  3. A further liability of PACEUPinvest is excluded.

  4. Insofar as the liability of PACEUPinvest is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents as well as the coaches.

  5. The above exclusions and limitations do not change the legal burden of proof.

  6. We are not liable for contents and links to websites and contents of third parties.

13. User account, data protection and services

  1. Our data protection declaration, available at https://paceupinvest.com/en/data-privacy, which ensures the confidential use and protection of your data and whose validity all Users accept when using the platform, applies.

  2. By accessing the Marketplace, you gain access to our services and can use our platform, including the content provided therein. This right of access and use is subject to full compliance with these conditions. We reserve the right to update and supplement the platform and content at our own discretion.

  3. PACEUPinvest does not provide medical or psychotherapeutic advice. For a given indication, coaches are instructed to refer to the appropriate experts.

  4. PACEUPinvest does not owe a certain success, but merely provides the contact to coaches, who determine the contents of your coaching sessions individually under consideration of applicable coaching guidelines.

  5. PACEUPinvest is not obliged to provide uninterrupted access to the platform. Temporary interruptions of operations due to the usual maintenance work, system immanent disturbances of the Internet with external providers or with external network operators as well as in case of force majeure are possible. Users therefore have no claim to uninterrupted access to the Service at any time.

  6. Limited availability for system maintenance shall be during the necessary maintenance periods and interruptions for offline backups shall be within reasonable limits.

  7. PACEUPinvest reminds the Users that restrictions or impairments of the provided services can occur, which are outside the sphere of influence of PACEUPinvest. This includes in particular actions of third parties that do not act on behalf of PACEUPinvest, technical conditions of the internet that cannot be influenced by PACEUPinvest as well as force majeure. The hardware, software and technical infrastructure used by the Users can also influence the services of PACEUPinvest As far as such circumstances have influence on the availability or functionality of the platform, this has no effect on the contractual conformity of the provided services and is to be assigned to the sole risk sphere of the user. The user is not released from his payment obligation by such circumstances.

14. Data security

We apply appropriate technical and organizational security measures in order to protect your personal data against manipulation, partial or full loss and against unauthorized access by third parties. Our security measures are continuously being improved in keeping with technological developments.

15. Cookies

In many respects, cookies help to make your visit to the Marketplace simpler, more enjoyable and more worthwhile. Cookies are alphanumeric information files, which your browser automatically saves to the hard drive of your computer whenever you visit our Marketplace or website.

For instance, we use cookies to identify you as a User so that you don't have to log in separately each time. Using cookies does not mean that we receive new personal data about you as an online visitor. Most internet browsers accept cookies automatically. However, you can configure your browser in such a way that no cookies can be saved on your computer or so that you are always asked for permission before cookies are saved.

If you deactivate cookies, you may not be able to use some functions of the Marketplace.

16. Applicable law and court of jurisdiction

The laws of the Federal Republic of Germany with the exclusion of the UN sales law shall apply. If the User is a commercial User, the place of jurisdiction for all disputes arising from or in connection with this contract, regardless of their legal foundation, shall be the registered office of PACEUPinvest at the time of conclusion of the contract.