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Samen Lenen
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Terms of Use

Last updated: 3 August 2026

For the use of the Platform – version 3 August 2026

Subject matter

These terms of use (hereinafter: the "Terms of Use") govern the use of the software platform made available by the Platform Operator via the website www.samenlenen.be and all related applications (hereinafter: the "Platform").

By registering or logging in to the Platform, by using the Platform or by any other act of confirmation, the User expressly declares to agree with these Terms of Use.

The Platform is a purely technological infrastructure (Software-as-a-Service) that enables Entrepreneurs to raise financing from Investors within their own, pre-identified Network by means of Loans.

In the context of making the Platform available and its operation, the Platform Operator does not provide any crowdfunding services, no investment services, no payment services, no lending, no credit brokerage, no financial advice and no offer of investment instruments. The Platform Operator furthermore does not act as a financial intermediary or as an advisor.

The Platform exclusively facilitates the technical and administrative handling of a financing operation that is directly established and settled between the Entrepreneur and the Investors. The Platform Operator is not a party to the Loan Agreement established between the Entrepreneur and the Investor, receives no funds and bears no responsibility for the content, the quality or the success of the financing operation.

Definitions

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

  • "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, as the case may be, outsourced, and who possesses the licenses or registrations required for this purpose.
  • “Special Conditions”: the special contractual agreements made between the Platform Operator and the Entrepreneur, which contain the price and may supplement or deviate from other agreements.
  • "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 that displays the information of a specific Campaign, which is not publicly accessible and which can only be reached via a Personal Link.
  • "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 make use of 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, increased by the agreed interest and, as the case may be, 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 satisfied in full.
  • "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 makes a model document available to the Entrepreneur, who may use this at their sole responsibility, whether or not adapted 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 who is a business and who sets up a Campaign via the Platform to raise financing within their Network.
  • "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 their 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 the laws of Belgium, registered in the legal entities register of Ghent, with its registered office at Oudenaardsesteenweg 21, 9000 Ghent and with company number 0723.682.356, which develops, maintains, operates and makes available the Platform.
  • “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.

Scope and acceptance

Acceptance

The User accepts these Terms of Use by (i) checking the box provided for this purpose when registering their Account or logging into their Account, (ii) through the use of the Platform or (iii) through any other act of confirmation on the Platform. The Platform Operator maintains a log of this acceptance. The User accepts this log as proof of their knowledge and acceptance.

Changes

The Platform Operator has the right to unilaterally change the Terms of Use at any time. Users will be notified of changes at least thirty (30) calendar days in advance by e-mail or via the Platform. Continued use of the Platform after this period shall be deemed acceptance of the amended version. In the absence of acceptance, the User may terminate their Account in accordance with Article 12 of these Terms of Use.

Separate documents

In addition to these Terms of Use, the relationship between the Platform Operator and the User is also subject to: (i) any Special Conditions, in the event the User is an Entrepreneur, (ii) the General Terms and Conditions, in the event the User is an Entrepreneur, and (iii) the Privacy Policy. In the event of a conflict, the Special Conditions shall prevail over the General Terms and Conditions and the General Terms and Conditions shall prevail over these Terms of Use. Rights, powers, sanctions and remedies, limitations of liability provided for in the aforementioned documents may be applied cumulatively by the Platform Operator.

Nature and scope of the services

Pure IT tool

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

What the Platform Operator expressly does not do

The Platform Operator expressly does not perform any of the following activities in the context of making available and operating the Platform:

  • providing crowdfunding services;
  • providing investment services or investment activities;
  • issuing a public offer of investment instruments;
  • drafting a prospectus;
  • performing any form of credit brokerage, lending or payment services;
  • providing financial, legal, tax or investment advice in any form whatsoever;
  • actively bringing together, matching or recommending Entrepreneurs and Investors;
  • receiving, holding or managing funds of Users.

No party to the Loan Agreement

The Loan Agreement is concluded directly and exclusively between the Entrepreneur and the Investor. The Platform Operator is not a contracting party, is not an intermediary and is also not an agent, proxy holder or representative of any User.

The Platform Operator bears no responsibility whatsoever for the valid formation, validity, performance, non-performance, enforceability or the consequences of the Loan Agreement. The Platform Operator does not guarantee the creditworthiness of the Entrepreneur in any way.

Limited checks

Prior to the activation of a Campaign Page, the Platform Operator performs a limited formal check exclusively for itself, limited to:

  • verifying the existence and the valid registration of the Entrepreneur in the Crossroad Bank for Enterprises or a similar foreign register;
  • verifying that the Entrepreneur is not active in a sector excluded by the Platform Operator (as further specified in the General Terms and Conditions);
  • a formal check of whether the Entrepreneur has filled in the required information fields on the Platform without checking the accuracy or completeness of this information.

This check is exclusively intended to safeguard the operational integrity of the Platform. It does not include any financial, commercial, technical or legal assessment of the Entrepreneur, the Campaign, the Campaign Page, the Model Agreement or the earning potential of the Campaign, and can in no case be regarded as a recommendation, approval, certification or due diligence investigation.

Account and access

Creation of an Account and access control

In order to use the Platform, the User must create an Account. The User guarantees that the data provided during registration are correct, complete and up-to-date, and undertakes to update these data without delay in the event of a change.

The Platform Operator is entitled to determine the mandatory identification and authentication means for creating and accessing an Account and may change these at any time and with immediate effect.

Confidentiality of login credentials

The User is personally responsible for maintaining the confidentiality of their login and password. Any use of the Platform via the User's Account is presumed to have been performed by the User personally. The User shall notify the Platform Operator immediately of any unauthorised use.

One Account per person

It is not permitted to create multiple Accounts without the written consent of the Platform Operator, nor to transfer an Account to a third party.

Access to the Campaign Page via Personal Link

The Campaign Page is not publicly accessible. Investors only receive access to a Campaign via a Personal Link distributed by the Entrepreneur within their own Network. The Platform Operator is in no way involved in the selection or solicitation of the Investors.

Specific provisions for Entrepreneurs

Capacity

Only legal entities or natural persons qualifying as an enterprise within the meaning of economic law (i.e. that they pursue an economic purpose in a sustainable manner) are eligible as an Entrepreneur. A consumer (a natural person acting for purposes outside their trade, business, craft or professional activity) cannot set up a Campaign.

The User acting on behalf of a legal entity warrants that they possess the required power of representation to bind the legal entity.

Responsibilities of the Entrepreneur

The Entrepreneur expressly acknowledges and accepts that they are fully and exclusively responsible for:

  • the content, accuracy, completeness and currency of all information they post on their Campaign Page;
  • the assessment that their Campaign in its concrete form does not qualify as a public offer or public offering within the meaning of the applicable legislation;
  • the selection and solicitation of Investors within their Network;
  • compliance with all applicable regulations, including corporate, tax, accounting and consumer protection rules;
  • the content and negotiation of the Loan Agreement, even when using the Model Agreement made available by the Platform Operator;
  • the performance of their obligations under the Loan Agreement, including the repayment of the borrowed capital and the payment of interests and any costs;
  • the management of the tax aspects associated with the payment of interests, including the withholding and remittance of the moveable withholding tax insofar as applicable.

Prohibition on public advertising and public promotion

The Entrepreneur undertakes to distribute the Campaign Page and the Personal Links exclusively within their pre-identified Network. The Entrepreneur shall refrain from any form of public advertising, public promotion, mass communication or untargeted distribution (for example via public social media posts or advertisements) that could lead to the Campaign qualifying as a public offer or public offering.

Indemnification

The Entrepreneur shall fully indemnify the Platform Operator for any claim from Investors, authorities, regulators or third parties directly or indirectly related to the Campaign, its content or the non-compliance by the Entrepreneur with the obligations incumbent upon them.

Specific provisions for Investors

Own assessment and risk

The Investor expressly acknowledges that granting a Loan involves significant financial risks, including the risk of loss of the entire invested capital, the risk of non-payment of interests and any costs and the risk of being subordinated. The Investor confirms they understand these risks and accepts them.

No advice

The Platform Operator provides no advice, no recommendation and no valuation regarding Entrepreneurs, Campaigns, or the suitability of an investment. The Investor takes their decision on an autonomous basis, where appropriate after obtaining independent advice. The Investor personally investigates whether they have confidence in the creditworthiness of the Entrepreneur.

No classic savings or investment products

Loans established via the Platform are not deposit products, not regulated investment instruments and do not enjoy protection from a deposit guarantee scheme or an investor protection scheme.

Existing relationship within the Network

The Investor confirms that he is a member of the Network of the Entrepreneur concerned and that he holds his Personal Link at the invitation of the Entrepreneur.

Model Agreement

The Platform makes a standardized model document available to the Entrepreneur which can serve as a Model Agreement. This model document is for informational purposes only and has no contractual or legally binding effect with respect to the Platform Operator. This model document does not constitute legal advice.

The Entrepreneur and the Investor are personally responsible for (i) assessing the suitability of the model document as a Model Agreement for their specific situation, (ii) completing, adapting or supplementing it and (iii) signing it. The Entrepreneur and the Investor are recommended to seek independent legal advice before signing.

Payments and cash flows

The Platform Operator does not receive, manage or hold funds from Users at any time. All cash flows between the Entrepreneur and the Investors, including the transfer of capital, the repayment of capital and the payment of interest and costs, are handled entirely and exclusively either directly between the Entrepreneur and the Investor or by the Payment Service Provider. The relationship between the User and the Payment Service Provider is governed by the contract terms of the latter.

The Launch Fee and the Service Fees are payable by the Entrepreneur to the Platform Operator, and are invoiced separately in accordance with the agreement between the Platform Operator and the Entrepreneur (incl. the General Terms and Conditions).

Rules of use

The User undertakes to use the Platform exclusively in accordance with these Terms of Use, the applicable legislation and the generally accepted standards of good faith and due care.

The User is expressly prohibited from:

  • posting incorrect, misleading, defamatory or fraudulent information on the Platform;
  • engaging in conduct that would negatively affect the good name or reputation of the Platform Operator;
  • using the Platform for any form of money laundering, financing of terrorism or other criminal conduct;
  • circumventing, disrupting or damaging the security or the integrity of the Platform;
  • sharing Personal Links or access data with third parties outside the Network;
  • using the Platform to offer financial services for which the User does not hold the required licenses;
  • using the Platform for a purpose for which the Platform was not developed or made available;
  • copying, reverse-engineering or commercially exploiting data, content or source code of the Platform in any way.

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 User, for the duration of its Account, a non-exclusive, non-transferable and revocable right of use to the Platform, exclusively for the purpose for which the Platform was developed and made available. Any other use is prohibited without the prior written consent of the Platform Operator.

Duration, suspension and termination

Duration

These Terms of Use apply from the acceptance, as referred to in article 3.1 of these Terms of Use, until the termination of the Account.

Suspension

The Platform Operator has the right to immediately suspend a User's access to the Platform and/or a Campaign Page in whole or in part in the event of a (suspected) breach of these Terms of Use, and this without prior notice of default and without any compensation being due. In addition, the Platform Operator has the right to immediately suspend a User's access to the Platform and/or a Campaign Page in whole or in part in the cases determined in the agreement between the Platform Operator and the Entrepreneur.

Termination

the User who is not an Entrepreneur can terminate his Account at any time via the functionality provided for that purpose on the Platform.

The Platform Operator can terminate a User's Account by giving notice of termination subject to a notice period of thirty (30) calendar days.

In the event of a serious default by a User, the Platform Operator may terminate its Account immediately and this without prior notice of default, without judicial intervention and without any compensation being due. Any breach of these Terms of Use qualifies as a serious default.

The Entrepreneur may exclude a User from his Campaign.

Liability

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

Under no circumstances is the Platform Operator 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, invalidity, non-performance or 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 Payment Service Provider.

Without prejudice to further exclusions/limitations of liability in the agreement between the Platform Operator and the Entrepreneur, the total liability of the Platform Operator towards a User is in all cases limited to an absolute maximum of five thousand euros (5,000 EUR).

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

Privacy and data processing

The processing of personal data by the Platform Operator is further regulated in the Privacy Policy, which can be consulted on the Platform.

Miscellaneous provisions

Nullity

The possible nullity, invalidity, unenforceability or non-binding nature of one or more provisions of these Terms of Use shall in no way jeopardize the validity, enforceability or 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 reflects the original intention of the Parties and with an economic effect that is as equivalent as possible.

Communications

All communications within the framework of these Terms of Use shall preferably be made 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.

Transfer

The User may not transfer its rights and obligations under these Terms of Use 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.

Applicable law and competent court

These Terms of Use are exclusively governed by Belgian law.

Any dispute arising from or related to these Terms of Use belongs to the exclusive jurisdiction of the courts competent for the registered office of the Platform Operator, without prejudice to mandatory provisions in favour of the consumer. Only the Platform Operator additionally has the right to bring the dispute before the court that would be competent in the absence of a jurisdiction clause.