General Terms and Conditions

For the provision of Services by the Platform Operator to Entrepreneurs – version 3 August 2026

1. Subject

These general terms and conditions (hereinafter: the "General Terms and Conditions") form an integral part of the contractual relationship between the Platform Operator and the Entrepreneur regarding the use of (certain functionalities of) the Platform, the setting up of a Campaign and the associated supporting Services.

These General Terms and Conditions apply exclusively to Entrepreneurs, meaning legal entities or natural persons who qualify as an enterprise within the meaning of economic law. Together with the Special Conditions, the Terms of Use and the Privacy Policy, they form the Agreement between the Parties.

The Entrepreneur expressly accepts these General Terms and Conditions upon registration on the Platform and reaffirms them upon every launch of a new Campaign.

Any general terms and conditions of the Entrepreneur are expressly excluded, regardless of the time at which they may be brought to the attention of the Platform Operator.

2. Definitions

In these General Terms and Conditions, the following terms, each written with a capital letter, regardless of whether they are used in the singular or plural, have the following meaning:

• "Commencement Date": the date on which the Campaign Page is made operational by the Platform Operator and the Entrepreneur can make use of it.
• "Account": the personal user account created by a User to gain access to (the relevant functionalities of) the Platform.
• “General Terms and Conditions”: the document containing the standard applicable contractual conditions that apply between the Platform Operator and the Entrepreneur regarding the use of the Platform.
• "Payment Service Provider": the third party to whom the processing of cash flows between the Entrepreneur and the Investors is outsourced, where applicable, and who holds the required licenses or registrations for this purpose.
• “Special Conditions”: the special contractual arrangements made between the Platform Operator and the Entrepreneur, which contain the price and may supplement or deviate from other arrangements.
• "Campaign": the financing initiative set up by an Entrepreneur via the Platform, including the Campaign Page, the requested financing amount, the conditions offered, and the Model Agreement.
• "Campaign Page": the digital page on the Platform displaying the information of a specific Campaign, which is not publicly accessible and can only be reached via a Personal Link.
• "Services": the total package of services provided by the Platform Operator to the Entrepreneur pursuant to the Agreement, in particular making (certain functionalities of) the Platform available, setting up a Campaign, and the associated support services.
• "User": any natural person or legal entity that consults or uses the Platform, including Entrepreneurs and Investors.
• “Terms of Use”: the document containing the conditions under which the User may use the Platform.
• "Investor": a User, belonging to the Network of an Entrepreneur, who considers or decides via the Platform to enter into a Loan Agreement with the Entrepreneur.
• "Loan": the loan amount made available by the Investor to the Entrepreneur on the basis of a Loan Agreement, which the Entrepreneur must repay to the Investor, plus the agreed interest and, where applicable, costs, in accordance with the modalities of the Loan Agreement. The Loan may, if the Entrepreneur and the Investor so agree, be subordinated, in which case the claim of the Investor is only repaid after all other debts (general subordination) or a specific category of debts (limited subordination) of the Entrepreneur have been fully satisfied.
• "Loan Agreement": the agreement regarding a Loan concluded directly between the Entrepreneur (as borrower) and the Investor (as lender) on the basis of a Model Agreement, and which may, as the case may be, contain the provision that the Loan is subordinated. The Loan Agreement is established directly between the Entrepreneur and the Investor, without the intervention of the Platform Operator as a party.
• "Model Agreement": the model document used by the Entrepreneur in the context of a Campaign for the Loan Agreements concluded between the Entrepreneur and the Investors. The Platform Operator provides a model document to the Entrepreneur, who may use it under their exclusive responsibility, whether or not adapted according to their own insights and wishes.
• "Network": the limited circle of personal and business relations of the Entrepreneur (such as friends, family members, customers, suppliers, or business relations) who are selected, approached, and invited by the Entrepreneur themselves to participate in the Campaign.
• "Entrepreneur": a User that is a business and that sets up a Campaign via the Platform to raise financing within their Network.
• “Agreement”: the agreement between the Platform Operator and the Entrepreneur regarding the Services.
• "Launch Fee": the one-time fee owed by the Entrepreneur to the Platform Operator for the launch and activation of a Campaign.
• “Party”: the Platform Operator or the User, each individually.
• "Parties": the Platform Operator and the User, collectively.
• "Personal Link": a personalized, non-publicly searchable hyperlink with which a member of the Network selected by the Entrepreneur gains access to a specific Campaign Page.
• "Platform": the software platform made available by the Platform Operator as Software-as-a-Service via www.samenlenen.be, including all associated functionalities, content, and infrastructure.
• "Platform Operator": WinWinner Crowd BV, a company under Belgian law, registered in the register of legal entities of Ghent, with its registered office at Oudenaardsesteenweg 21, 9000 Ghent and with company number 0723.682.356, which develops, maintains, operates, and makes the Platform available.
• “Privacy Policy”: the privacy policy of the Platform Operator containing its policy regarding the processing of personal data.
• "Service Fee": the periodic fee owed by the Entrepreneur to the Platform Operator if, after the Campaign, it continues to use the Platform for the hosting of the Campaign environment, the administrative follow-up of the repayments to the Investors and the related support services.
• "Excluded Sectors": the sectors and activities excluded by the Platform Operator from access to the Platform, as included in Annex 1 to these General Terms and Conditions.
• "Licensed Activity": any activity performed by the Platform Operator for which the Platform Operator holds a license from or registration with the FSMA, but which is strictly separate from the Services under these General Terms and Conditions and which is not offered via the Platform.
• "Extension Fee": the fee owed by the Entrepreneur to the Platform Operator for extending the duration of a Campaign.

3. Nature of the Services – demarcation from Licensed Activities

3.1 Pure IT tool

The Platform Operator exclusively provides an IT tool. The Platform is a purely technological infrastructure (Software-as-a-Service). The service provision of the Platform Operator consists of making software available that enables Entrepreneurs to raise financing in a structured and documented manner within their own, pre-identified Network.

The Services do not include crowdfunding services, investment services, payment services, lending, credit brokerage, financial advice, or the offering of investment instruments.

The Services are fully separated operationally, contractually, and for accounting purposes from the Licensed Activities of the Platform Operator. Under the Agreement, the Platform Operator explicitly does not act in the capacity for which it holds an FSMA license.

3.2 No intermediary

The Platform Operator is not an intermediary and is also not an agent, proxy holder, or representative of the Entrepreneur or of the Investors. The Platform Operator does not introduce Investors, does not make recommendations, and is not a party to any Loan Agreement.

3.3 Limited checks

Prior to the activation of the Campaign Page, the Platform Operator performs a limited formal check exclusively for itself as described in the Terms of Use. This check is not a due diligence investigation and not a creditworthiness assessment. The Entrepreneur explicitly accepts that it cannot derive any rights from this check and that this check can never give rise to any liability on the part of the Platform Operator.

4. Conditions for access to the Platform

4.1 Capacity of the Entrepreneur

The Entrepreneur warrants that it:

• is validly incorporated and registered in the Crossroads Bank for Enterprises (or an equivalent foreign register);
• is not active in one of the Excluded Sectors;
• is not the subject of an attachment measure and is not in a situation of concurrence of creditors;
• is not subject to an ongoing procedure of judicial reorganization, transfer under judicial authority, preparatory bankruptcy, bankruptcy, dissolution and liquidation, or any other or similar (domestic or foreign) insolvency procedure, nor intends to start or apply for such procedure;
• possesses the required licenses, mandates, and authorizations to carry out its activities.

The natural person acting on behalf of the Entrepreneur warrants that he/she possesses the required power of representation.

4.2 Ongoing information obligation

The Entrepreneur shall notify the Platform Operator without delay of any change regarding the data mentioned in Article 4.1 and, more generally, of any event that could jeopardize the fulfillment of its obligations under the Agreement.

4.3 Refusal

The Platform Operator may, on a discretionary basis and without stating reasons, refuse an application for the activation of a new Campaign. In such case, the Platform Operator shall not owe any compensation.

5. Description of the Services

5.1 Activation of the Campaign Page

Following the payment of the Launch Fee and the successful completion of the limited formal checks, and subject to the provisions of Article 4.3 of these General Terms and Conditions, the Platform Operator activates the Campaign Page. The Platform Operator strives for an activation period of five (5) working days, although this period is purely indicative.

5.2 Availability of the Platform

The Platform Operator undertakes an obligation of means to develop, maintain, and make the Platform available with the necessary care. The Platform Operator strives for high availability of the Platform. However, the Platform Operator does not guarantee uninterrupted availability, error-free operation, or specific suitability of the Platform for the purpose of the User.

Maintenance work and updates may lead to temporary unavailability. The Platform Operator will make reasonable efforts to announce these in a timely manner, insofar as reasonably possible.

5.3 Technical support

The Platform Operator offers first-line technical support to the Entrepreneur on working days in Belgium during standard office hours. This support is limited to technical questions regarding the use of the Platform and does not include legal, tax, or financial advice. The Platform Operator may use the system of its choice for this support, such as a ticket system, accessibility via e-mail, and/or telephone accessibility.

5.4 Model Agreement

The Platform Operator provides a standardized model document to the Entrepreneur which the latter may use, if they so wish, as a Model Agreement within the framework of a Campaign. This model document is generic, not customized and does not bind the Platform Operator in any way. The Entrepreneur is entirely free to adapt the model document according to their own insights and wishes or to use their own document as a Model Agreement. The use of any model document occurs at the exclusive responsibility and risk of the Entrepreneur.

6. Obligations of the Entrepreneur

6.1 General obligations

The Entrepreneur undertakes to use the Platform as a reasonable and prudent person and in accordance with the Special Conditions, these General Terms and Conditions, the Terms of Use, the Privacy Policy and all applicable regulations.

6.2 Responsibility for the Campaign

The Entrepreneur is exclusively responsible for:

• the content, the accuracy, the completeness and the up-to-date nature of the Campaign Page and the information stated therein;
• the selection of and reaching out to the Investors within their own Network, to the exclusion of any public promotion or public offer;
• compliance with all applicable regulations, including regulations regarding prospectus, consumer protection, company and association law, market practices and data protection;
• the valid formation, content and the execution of the Loan Agreements with the Investors;
• the withholding and remittance of the professional source tax (withholding tax) on the paid-out interest, insofar as applicable;
• the administrative, accounting and fiscal processing of the financing operation.

6.3 Prohibition on public promotion and public offer

The Entrepreneur undertakes to distribute the Personal Links and the Campaign Page exclusively within their own Network and to refrain from any form of public advertising, public promotion, public offer or non-targeted communication.

6.4 Indemnification

The Entrepreneur fully indemnifies the Platform Operator against any claim, complaint, sanction, fine or damage claim from Investors, authorities, regulators (including the FSMA) and third parties that is directly or indirectly related to (i) the content or the execution of the Campaign, (ii) the validity, the content or the execution of a Loan Agreement, (iii) the non-compliance by the Entrepreneur with any applicable regulation, or (iv) the qualification of the Campaign as a public offering or public offer or as a regulated activity for which the required licenses are missing.

7. Price and payment

7.1 Launch Fee

The Entrepreneur is, unless another amount is stated in the Special Conditions, liable for a one-time Launch Fee per Campaign. The amount depends on the duration the Entrepreneur selects when setting up the Campaign:

• a duration of thirty (30) calendar days, against a Launch Fee of 1.000 EUR (excluding VAT);
• a duration of sixty (60) calendar days, against a Launch Fee of 1.500 EUR (excluding VAT);
• a duration of ninety (90) calendar days, against a Launch Fee of 2.000 EUR (excluding VAT).

The Launch Fee is due prior to the activation of the Campaign Page and is invoiced separately. The difference in Launch Fee reflects solely the longer provision and administrative support of the Campaign environment, and bears no relation to the amount to be raised or raised.

The Launch Fee covers, among other things, the costs associated with creating and configuring the Campaign environment, the limited formal check referred to in article 3.3, the technical preparation of the Campaign Page and the administrative processing prior to the activation of the Campaign. The Launch Fee is not a fee for any substantive assessment, recommendation or approval of the Campaign by the Platform Operator.

7.2 Service fee

If, after the Campaign, the Entrepreneur continues to use the Platform for the administrative follow-up of the financing (including the hosting of the Campaign environment, the administration of the repayment schedules, the automatic reminders, the reporting, the document storage and the related support services), it is liable in this respect, unless another amount or another calculation method is stated in the Special Conditions, for an annual Service fee.

The Service fee amounts to 1.5% (excluding VAT) per year, calculated on the total amount that the Entrepreneur has raised in the context of the Campaign. This amount raised is used by the Parties solely as an objective calculation basis reflecting the scale and complexity of the further administrative follow-up: more Investors and more Loan Agreements entail more repayment schedules, follow-up and support. The Service fee is not a commission, not a success fee and not a fee for arranging financing or for the success of the Campaign, and is entirely independent of any substantive assessment, recommendation or approval by the Platform Operator.

The Service fee is due for each started contract year as long as amounts remain to be repaid by the Entrepreneur to the Investors in the context of the Campaign. The Service fee is no longer due after the full outstanding amount has been repaid to the Investors. The Service fee is invoiced annually in advance.

7.3 Extension

The duration of a Campaign may, subject to the Platform Operator's agreement based on the limited formal check referred to in article 3.3, be extended. For each extension, the Entrepreneur is, unless another amount is stated in the Special Conditions, liable for an Extension Fee. The Extension Fee is due before the extension takes effect and is invoiced separately.

During an ongoing Campaign, the duration may be extended once by fifteen (15) calendar days, against an Extension Fee of 250 EUR (excluding VAT).

If a Campaign does not reach the set minimum amount on its end date, the Entrepreneur has a period of three (3) calendar days to choose between stopping the Campaign, continuing with the amount raised (provided there are still Investors at that time), or reopening the Campaign. Upon reopening, the Entrepreneur chooses one of the following options:

• fifteen (15) calendar days, against an Extension Fee of 250 EUR (excluding VAT);
• thirty (30) calendar days, against an Extension Fee of 500 EUR (excluding VAT);
• two (2) calendar months, against an Extension Fee of 1.000 EUR (excluding VAT).

If the Entrepreneur does not decide within this period of three (3) calendar days, the Entrepreneur can no longer reopen or continue the Campaign itself. The Platform Operator then handles the file administratively, in consultation with the Entrepreneur.

The Platform Operator charges no Extension Fee for stopping the Campaign or for continuing with the amount raised. An extension does not imply any assessment, recommendation or approval of the Campaign by the Platform Operator.

7.4 Indexation

The Launch Fee and the Extension Fee can be indexed annually on the basis of the consumer price index, according to the formula: new amount = original amount × new index / initial index. The initial index is the consumer price index of the month preceding the Commencement Date.

7.5 Payment terms

Invoices are sent exclusively electronically, in the legally prescribed structured format where applicable. The Entrepreneur shall ensure that they can receive electronic invoices. All invoices are payable within fifteen (15) calendar days after receipt of the invoice, unless stated otherwise. Invoices are deemed received by the Entrepreneur at the time of their transmission, subject to proof to the contrary.

In the event of late payment of an invoice, late payment interest shall be due by operation of law and without notice of default at the statutory interest rate as determined in the Act of 2 August 2002 on combating late payment in commercial transactions from the due date of the invoice until the date of full payment, plus liquidated damages of 10% of the unpaid (or late paid) amount, with a minimum of 150 EUR. In addition, the Platform Operator has the right to suspend the further performance of the Services, in whole or in part, until all overdue invoices have been paid in full.

7.6 Payment service provider and cash flows

The Platform Operator does not receive, manage or hold funds from the Entrepreneur or from Investors at any time.

All cash flows are handled exclusively either directly between the Entrepreneur and the Investor or via the Payment Service Provider, which holds the required licences or registrations for this purpose. In the latter case, the Entrepreneur shall enter into a separate agreement directly with the Payment Service Provider and accept the associated contractual terms and conditions. The Platform Operator is in no way liable for (the consequences of) acts or omissions of the Payment Service Provider.

7.7 No refunds

The Platform Operator does not make any refunds of fees paid if the Entrepreneur does not use, or only partially uses, the Platform or the Services or is not satisfied with them, nor where access to the Platform is restricted or prevented, in whole or in part and temporarily or permanently, in accordance with these General Terms and Conditions.

8. Duration, suspension and termination

8.1 Duration

The Agreement is entered into for an indefinite period.

8.2 Suspension

The Platform Operator has the right to immediately suspend an Entrepreneur's access to the Platform and/or a Campaign Page, in whole or in part, in the event of (suspicion of) a breach of the Special Conditions, these General Terms and Conditions, the Terms of Use, the Privacy Policy or any applicable regulations, and this without prior notice of default and without any compensation being due. The foregoing also applies in the event of late payment of a due fee by the Entrepreneur.

8.3 Termination by both Parties

The Platform Operator and the Entrepreneur may terminate the Agreement by giving thirty (30) calendar days' notice.

The Entrepreneur may stop an ongoing Campaign at any time. The Platform Operator may stop an ongoing Campaign by giving thirty (30) calendar days' notice.

8.4 Termination by the Platform Operator

The Platform Operator may terminate the Agreement immediately, without prior notice of default, without judicial intervention and without any compensation, in the event of:

• a serious breach by the Entrepreneur of the Special Conditions, these General Terms and Conditions, the Terms of Use, the Privacy Policy or any applicable regulations;

The following, without being exhaustive, shall in any event be considered such a serious breach: (1) failure to pay an invoice on time, (2) providing incorrect, misleading, defamatory or fraudulent information, (3) engaging in conduct that would negatively affect the good name or reputation of the Platform Operator, (4) conducting public promotion, making a public offer, sending out undirected communications or conducting a regulated activity for which the required licences are missing, and (5) using the Platform in violation of the rules of use (including prohibited conduct).

• activities of the Entrepreneur in an Excluded Sector;
• the circumstance that, after the activation of the Campaign, information becomes known that materially deviates from the information provided by the Entrepreneur, or it appears that the Entrepreneur has withheld relevant information, misrepresented it or failed to disclose information that is reasonably important to the members of its Network;
• (a reasonable suspicion of) money laundering, terrorist financing or other criminal acts;
• a request or instruction from a competent authority (including the FSMA).
• (the opening or application for) a procedure of judicial reorganisation, transfer under judicial authority, preparatory bankruptcy, bankruptcy, dissolution and liquidation, or any other or similar (domestic or foreign) insolvency procedure.

8.5 Consequences of termination

The termination of the Agreement results in the closure of the Account, meaning the Entrepreneur no longer has access to it, and also results in the cessation and deactivation of all ongoing Campaigns.

The termination of only a Campaign results in the cessation and deactivation of that Campaign; other ongoing Campaigns are not stopped or deactivated.

Launch Fees, Extension Fees and Service Fees that became due before the termination or cessation remain due and will not be refunded, not even pro rata. The same applies where the Entrepreneur voluntarily and prematurely stops an ongoing Campaign or requests the Platform Operator to deactivate the Campaign Page, regardless of the reason for that cessation.

If, in the context of a stopped Campaign, Loan Agreements have already been concluded and the Entrepreneur continues to use the Platform for their administrative follow-up, article 7.2 (Service fee) remains fully applicable.

A termination or cessation on the basis of article 8.4 is without prejudice to the Platform Operator's right to claim compensation for the damage actually suffered.

The Entrepreneur acknowledges that the termination of an ongoing Campaign, unless the Entrepreneur and the Investor have agreed otherwise between themselves, will not result in the termination of a Loan Agreement already concluded between them.

9. Liability

9.1 Obligation of means

The Platform Operator enters into an obligation of means. The Platform Operator does not guarantee any specific result of the Campaign nor successful financing.

9.2 Exclusions

The Platform Operator is in no event liable for:

• damage resulting from the use or the inability to use the Platform;
• damage resulting from the inaccuracy of information provided by Entrepreneurs, the content of Campaigns or the decisions of Investors;
• damage resulting from the nullity, the invalidity, the non-performance or the poor performance of a Loan Agreement;
• indirect damage, consequential damage, lost profits, loss of data, reputational damage or non-pecuniary damage;
• damage caused by force majeure, including, without being limited to, disruptions of the internet, hosting services or telecom infrastructure;
• damage caused by acts or omissions of third parties, including the Investors and the Payment Service Provider.

9.3 Liability cap

The total liability of the Platform Operator towards an Entrepreneur is in all cases limited to the amount that said Entrepreneur has effectively paid to the Platform Operator in the twelve (12) months preceding the damaging event, with an absolute maximum of five thousand euros (5,000 EUR).

9.4 Solely contractual liability

For damage resulting from or related to the (non-)fulfilment of the Agreement, the Entrepreneur may, within the limits of mandatory law, exclusively bring a claim against the Platform Operator on the grounds of contractual liability. Within the limits of mandatory law, the Entrepreneur may therefore not bring an extra-contractual claim against the Platform Operator. Within the limits of mandatory law, the Entrepreneur may also not bring a claim based on extra-contractual liability against auxiliary persons of the Platform Operator (including the directors, managing directors, de facto directors, employees, representatives, commercial agents and other independent performance agents of the Platform Operator) and the suppliers of the Platform Operator, even if the damaging fact also constitutes a fault within the meaning of Book 6 of the Belgian Civil Code.

The Entrepreneur warrants that the Investors shall not bring a claim against the Platform Operator on the grounds of extra-contractual liability in the context of a Campaign or a Loan Agreement.

9.5 Mitigation

The exclusions/limitations of liability provided for in this provision do not apply in the event of wilful misconduct by the Platform Operator. If the exclusions/limitations of liability provided for in this provision were not valid in certain cases, they shall be deemed not to be intended for such cases. If the exclusions/limitations of liability provided for in this provision go beyond what is legally permitted, they shall be reduced to the maximum legally permitted limitation.

10. Confidentiality

The Parties undertake to treat all confidential information they receive in the context of the performance of the Agreement as strictly confidential and not to disclose it to third parties, except to the extent that this information (i) is generally known without violation of this obligation, (ii) was lawfully obtained from a third party, (iii) must be disclosed on the basis of a legal obligation or a court decision or (iv) is necessary to defend the position of a party in the context of judicial or administrative proceedings in which it is involved. This confidentiality obligation remains in force for five (5) years after termination of the Agreement.

11. Data protection

The processing of personal data by the Platform Operator is regulated in the Privacy Policy. To the extent that the Platform Operator qualifies as a processor of personal data on behalf of the Entrepreneur where applicable, the Parties shall enter into a separate data processing agreement.

12. Intellectual property

All intellectual property rights to the Platform, including but not limited to the software, the source code, the design, the texts, the databases, the corporate identity, the logos and the Model Agreement, are and remain the exclusive property of the Platform Operator or its licensors.

The Platform Operator grants the Entrepreneur, for the duration of the Agreement, a non-exclusive, non-transferable and revocable right of use for the Platform, solely for the purpose for which the Platform was developed. Any other use is prohibited without the prior written consent of the Platform Operator.

Own content placed on the Platform by the Entrepreneur (logo, texts, photos, descriptions, etc.) remains the property of the Entrepreneur. The Entrepreneur grants the Platform Operator a free, non-exclusive right of use to use this content in the context of the Services.

13. Anti-money laundering provisions and sanctions regulation

The Entrepreneur guarantees to comply with all applicable regulations regarding the prevention of money laundering and terrorist financing, as well as all national and international sanctions regulations (including those of the European Union).

The Platform Operator reserves the right to request the Entrepreneur to provide additional information within the framework of its own legal obligations, and to terminate the Agreement immediately in the event of a refusal to provide this information or in case of a reasonable suspicion of an infringement.

14. Miscellaneous provisions

14.1 Independence of the Parties

The Parties act as independent contracting parties. Nothing in the Agreement creates an employment relationship, a mandate, an agency, a commission agreement, a joint venture or a partnership between the Parties.

14.2 Amendment

The Platform Operator may unilaterally amend these General Terms and Conditions subject to prior notice of at least thirty (30) calendar days. In the absence of an objection within this period, the amended terms shall be deemed accepted. In case of an objection, the Entrepreneur has the right to terminate the Agreement free of charge upon the entry into force of the amendment.

14.3 Nullity

The potential nullity, invalidity, unenforceability or non-binding nature of one or more provisions of the Agreement and these General Terms and Conditions shall in no way jeopardize the validity, the enforceability or the binding nature of the remaining provisions. The Parties undertake, in the event of nullity, invalidity, unenforceability or non-binding nature of one or more provisions, to negotiate in good faith in order to replace the provision concerned with a valid and enforceable provision that most closely aligns with the original intention of the Parties and with an economic effect as equivalent as possible.

14.4 Communications

All communications within the framework of the Agreement shall preferably take place by e-mail to the address provided by the User for communications to the User and to info@samenlenen.be for communications to the Platform Operator.

14.5 Transfer

The Entrepreneur cannot transfer its rights and obligations under the Agreement without the prior written consent of the Platform Operator. The Platform Operator may freely transfer its rights and obligations, including within the framework of a restructuring.

14.6 Entire agreement

These Special Conditions, together with these General Terms and Conditions, the Terms of Use and the Privacy Policy together constitute the entire agreement between the Platform Operator and the User regarding the Services.

In case of conflict, the Special Conditions prevail over the General Terms and Conditions and the General Terms and Conditions prevail over these Terms of Use. Rights, powers, sanctions and remedies, limitations of liability provided for in the aforementioned documents can be applied cumulatively by the Platform Operator. The Platform Operator always has the right to invoke rights, powers, sanctions and remedies provided for under common law.

14.7 No waiver

The failure of a Party to immediately exercise a right under the Agreement cannot be interpreted as a waiver of that right.

14.8 Applicable law and competent court

The Agreement and these General Terms and Conditions are exclusively governed by Belgian law.

Any dispute arising from or related to the Agreement and these General Terms and Conditions shall fall under the exclusive jurisdiction of the courts competent for the registered office of the Platform Operator. Only the Platform Operator additionally has the right to bring the dispute before the court that would be competent in the absence of a forum clause.

Annex 1 – Excluded Sectors

The following sectors and activities are excluded by the Platform Operator from access to the Platform (the Excluded Sectors). This list can be unilaterally adjusted by the Platform Operator:

• Arms trade, arms manufacture and related activities;
• Production or distribution of narcotics or psychotropic substances;
• Production or distribution of pornographic or explicitly sexual material;
• Games of chance, casinos and gambling activities;
• Tobacco and related products;
• Activities for which a specific financial license is required (banks, insurers, investment firms, lenders), unless this license can effectively be presented;
• Multi-level marketing, pyramid and Ponzi schemes;
• Activities that are contrary to public policy;
• Activities that are not permitted by applicable legislation;
• Activities for which the Platform Operator, on the basis of its internal risk policy, identifies an increased compliance risk.