The Fundbricks platform (the "Platform") is offered at www.fundbricks.com and on the Fundbricks mobile app by the company FB Funds ApS, CVR no. 40431934 ("Fundbricks") with registered address at Strandvejen 100, 2900 Hellerup. The company can be contacted on tel. +45 89802808 and via e-mail at hello@fundbricks.com.
By accepting these "Fundbricks.com Terms of Use" (the "Terms of Use") you are considered an "Investor" (as defined below) and you thereby confirm that:
Fundbricks operates an investor network (the "Investor Network") consisting of natural and legal persons who have indicated their interest in real estate investments via the Platform and have otherwise approved the Terms of Use ("Investor"). The Platform is the link between real estate companies in need of capital ("Real Estate Company") and the Investors. When logged in to the Platform, Investors have the opportunity to express their interest in specific Investments by "reserving units", which is done by filling in a form directly on the Platform. Investors who "reserve units" may then make an investment offer, which is completed by the Investor signing an electronic subscription agreement ("Subscription Agreement") or an electronic, simple, non-negotiable promissory note ("Loan Agreement"). Reservation of units is to be regarded as an expression of interest and is not binding on the Investor. A legal obligation only arises in connection with the signing of the electronic Subscription Agreement or, alternatively, the Loan Agreement. Investors are not charged a fee for using the Platform. Signature of the Subscription Agreement or Loan Agreement is made by digital signature in Contractbook.
The Investor Network and Platform is operated by Fundbricks. Fundbricks acts as a link between Investors and Real Estate Companies, which implies that Fundbricks does not directly or indirectly operate, manage, own or be responsible for any investment. Fundbricks does not handle any capital and does not receive payments. All payments in relation to Real Estate Investments are made directly to and from a special escrow account, belonging to the relevant Real Estate Company that is party to the Loan Agreement, at a bank or client account with a lawyer.
Fundbricks takes the possibility of money laundering and terrorist financing seriously and has therefore introduced measures similar to those to which financial institutions are subject. According to the Law on Preventive Measures against Money Laundering and Terrorist Financing, financial institutions must introduce a number of preventive measures against money laundering and terrorist financing. To this end, it is therefore required that Investors correctly, completely and truthfully answer all questions in the questionnaire that appears when the Investor has reserved shares on the Platform and that the Investor uploads appropriate documentation of his identity in the form of a copy of passport/driver's license and health card. Furthermore, identity checks are carried out before an Investment is made by signing the electronic Subscription Agreement or Loan Agreement in Contractbook using NemID. Once the Loan Agreement is signed by the Investor, it is binding on the Investor, but is only final when the Investor has provided documentation of his identity and this has been approved by Fundbricks.
As part of Fundbricks' preventive measures against money laundering and terrorist financing, Investors investing in their capacity as a natural person (i.e. not investing as a representative of a company or other legal entity) are not allowed to invest on behalf of others in any form, either as a proxy or otherwise. Please contact Fundbricks at hello@fundbricks.com if you have any questions about this.
No Investment is intended, directly or indirectly, for persons who are resident, registered and/or taxable outside the EEA (European Economic Area). Persons who are resident, registered and/or taxable outside the EEA (European Economic Area) may neither sign up to the Fundbricks Investor Network nor make any Investment.
The Investor is solely responsible for ensuring that use of the Platform is in accordance with these Terms of Use, legislation and industry practice. The Investor undertakes not to disseminate or disclose any information, materials or offers related to Investments to the general public or to third parties who are not to be considered as Investors in accordance with the Terms of Use.
Investor is obliged to ensure that login information is not disclosed to third parties and Investor is obliged to inform Fundbricks immediately if login information is lost or may end up in the wrong hands. Fundbricks assumes no responsibility for any damage resulting from a third party having used Investor's login information for the Platform.
Fundbricks reserves the right to immediately block the Investor's accounts and/or deprive the status of "Investor" in the event that the Investor does not comply with the Terms of Use and/or in the event that the Investor's actions, in the opinion of Fundbricks, directly or indirectly damage or risk damaging Fundbricks and/or the Platform.
Fundbricks and/or third parties have all ownership rights and intellectual property rights to the Platform and the programs that operate the Platform. Investors have only the rights that are expressly stated in the Terms of Use. The Investor is aware that the Platform's images, texts and other content are protected by intellectual property rights and confirms not to use or use these. Fundbricks does not grant, directly or indirectly, any license or rights of use to the images, films, texts or other content found on the Platform.
The Investor understands and accepts that the Platform and the programs on which the Platform is built are protected by intellectual property rights held by Fundbricks and/or third parties. Programs and the like may not be copied, modified or translated and their codes may not be examined or decrypted.
Fundbricks processes Investor's personal data for the purpose of providing Investor access to the Platform and relevant information and the Real Estate Investments and / or other services offered, for other business purposes, to develop the Platform and to fulfill obligations arising from law. For a more detailed description of what personal data Fundbricks processes, why it is processed and how personal data is protected, please refer to Fundbricks privacy policy, which you can find here: https://www.fundbricks.com/legal/risk. The privacy policy in force at any given time forms an integral part of the Terms of Use and the Investor authorizes Fundbricks to process personal data in accordance with the privacy policy.
By accepting the Terms of Use, the Investor consents to Fundbricks or Fundbricks partners direct marketing to the Investor via e-mail or otherwise. The Investor is entitled at any time to revoke his consent to direct marketing by contacting Fundbricks at hello@fundbricks.com or unsubscribe from the mailing list.
This clause applies only to Investors who are natural persons and who act in their capacity as a natural person and not as a representative of a legal entity. According to the Danish Consumer Contracts Act, the Investor may within 14 days after being registered as an Investor, cancel this and unsubscribe from the Platform. The Investor can do this by sending an email to hello@fundbricks.com. According to the Consumer Contracts Act, Fundbricks must provide the following information:
The right of withdrawal applies only to registration on the Platform, but not to the Investments themselves. Thus, the Investor does not have the right of withdrawal when submitting a binding commitment to participate in Investments.
The Platform may from time to time be wholly or partially unavailable due to maintenance or other reasons. Under no circumstances does Fundbricks accept any liability for any consequences or damages resulting from the Platform not being able to be used as intended.
Cookies are necessary for the Platform to function. Cookies also help us to get an overview of your visit to the Platform so that we can continuously optimize and target the website to your needs and interests. A cookie is a small data file that is stored on your computer, tablet or mobile phone. A cookie is not a program that can contain harmful programs or viruses.
You can read more about which cookies Fundbricks uses in our cookie policy, which you can find here: https://www.fundbricks.com/legal/cookies
As a user of the Platform, you understand and accept that the functionality, quality and availability of the services may deteriorate or be prevented if you do not authorize the use of cookies. Fundbricks assumes no responsibility for information placed or retrieved from your device via any external cookies.
The agreement constituted by the Terms of Use shall continue in force until terminated by either party. Fundbricks may amend the Terms of Use from time to time and will publish the amended Terms of Use on the Platform. The amended terms will apply to new users and Investors from the date on which they are published. Already existing Investors will be bound by the amended terms 14 days after they have received notification thereof by e-mail or through publication on the Platform. If an Investor does not accept the amended Terms of Use, Investors must terminate the agreement no later than 14 days after the date on which the amended terms were published on the Platform.
Fundbricks makes no recommendations, advice or guarantees with regard to Investments. Fundbricks only offers a technical tool and a bulletin board for real estate companies and has no responsibility or insight into the investment, marketing or offer. The Investments marketed on the Platform are usually associated with high risk. They are usually top-tier financing with no or subordinated collateral. The Investment is typically backed by smaller players with limited financial resources.
Virtually all investments marketed on the Platform involve risks that banks or credit institutions do not accept. This is also the reason why the budgeted returns are unusually high. Anyone who is not considered an experienced real estate investor should always seek advice from advisors with relevant expertise, such as financial advisors, investment advisors, lawyers, accountants or similar before making an Investment.
Each Investment offered is unique, which is why it is of the utmost importance that the Investor in each case assesses both the Investment Offer and the Real Estate Company before the Investor makes an Investment. The Real Estate Company is responsible for the implementation and management of the investment as well as the Investment Offer in its entirety, including, but not limited to, its terms, forecasts and other possible obligations. The Investment Offer has been prepared and approved by the Real Estate Company.
The Investor understands that the Investment Offer may be discontinued at any time in the event of lack of interest or for any other reason. The Investor is aware that in many cases the possibility of maturity will be small or non-existent. The investment is not listed and therefore the Investor cannot dispose of it via a stock exchange or regulated marketplace. The Investor is also aware that the individual debt instruments issued by Real Estate Companies are often not transferable.
The Investor is fully responsible for his/her use of the Platform and for any investment decisions made in this connection. The Investor is aware that an Investment is always associated with risk and that all or part of the invested capital may be lost. The Investor is also aware that certain Investments are associated with unusually high risk, including, but not limited to, construction risk, financial risk, liquidity risk, counterparty risk and disposal risk. The real estate company will in many cases lack significant financial resources, which may result in a further increased risk for the Investor.
Read more about general investment risks at https://www.fundbricks.com/legal/risk
In addition to what is otherwise stated in the Terms of Use, the following disclaimers apply:
Fundbricks makes no warranties or representations regarding content, information, calculations, calculations, deposits or anything else presented on the Platform, whether or not this originates from the Real Estate Company. Fundbricks assumes neither direct nor indirect responsibility for the Investment Offers and an Investment is solely a matter between the Investor and the Real Estate Company and Fundbricks is only to be regarded as a link between them. Fundbricks also does not make any warranties or representations regarding the Platform or its functionality, availability, quality, usability or security. Neither Fundbricks nor the Platform has any direct or indirect affiliation, influence or responsibility for the Real Estate Company, the Investor or the Investment Offer. Fundbricks does not give any preference to either the Property Company or the Investor, does not make any assessment of the Property Company and/or the Investment Offer and does not make any recommendations to any party with respect to the Investment Offer.
The Investor undertakes, without time limit, not to make any claims or demands, directly or indirectly, against Fundbricks, its group or affiliated companies, owners, or management (board members, management, staff or consultants) due to i) the Platform not being available, ii) losses being incurred, directly or indirectly, in connection with an Investment, iii) the Investor not having been offered to make an Investment, iv) that the Real Estate Company has not fulfilled its obligations and/or complied with relevant agreements, regulations, laws or rules, v) that actions and/or decisions related to the Investment are not adopted and/or are adopted at an incorrect time or in an incorrect manner, vi) that the Real Estate Company has provided false or misleading information about itself, the Investment Offer or otherwise.
Fundbricks is under no circumstances liable for indirect damage or loss of income. Fundbricks maximum liability to the Investor can under no circumstances exceed DKK 8,000.
The Terms of Use are governed by Danish law. All disputes related to the Terms of Use shall be finally settled by arbitration in accordance with the "Rules for the Handling of Cases at the Danish Institute of Arbitration.
Historical returns are no guarantee of future returns. The money you lend to projects can therefore increase or decrease in value and there is no guarantee that you will get back the full amount lent.
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