These standard terms of service (the “Agreement”) is regulating the agreement between the following two parties:
P2P Invest ApS, Danish reg. no. 38654373, Norgesgade 40, 6700 Esbjerg, Denmark, (“P2P Invest”)and the business partner (the “Partner”) who uses the platform p2pmarketdata.com (the “Website”) as a platform for displaying the Partners product.
P2P Invest and the Partner are hereinafter collectively referred to as the “Parties” and separately as a “Party”.
1.1. It is the purpose of this Agreement to establish the terms of service for listing of the Partner on the Website.
2.1. P2P Invest operates and owns the Website where key information from the alternative finance and investment industry is made available to both the public and users of the Website. With a current focus on the Partners’ investment possibilities, the Website aims to increase transparency by aggregating data from and about platforms, analyzing it, and making it available to both investors and fundraisers/borrowers. The Website offers the Partner the opportunity for publicity through listing against payment of a fee.
3.1. P2P Invest lists the Partner on the Website with information displayed on e.g. funding volumes, live statistics, and financial overviews of the alternative investments as supplied by the Partner.
3.2. On the third calendar day of every month, the Partner must deliver or update alle the applicable data of the funding volumes, number of projects, and amount of investors for the previous month to P2P Invest, if the API integration is not applicable yet. The data must be integrated with API as instructed by P2P Invest or through the Platform Dashboard.
3.3. Upon request by P2P Invest, the Partner must deliver to P2P Invest the data of the funding volumes, number of projects, and amount of investors for any period specified by P2P Invest for verification.
3.4. Any information included in the funding volumes data, number of projects, and amount of investors may be published by P2P Invest through any media.
3.5. Funding volumes data shall consist of the following:
3.6. Funding volumes data must not include the following:
3.7. In addition, all our partners’ platforms can be shown on the front page of the Website with e.g. total volume, quarterly volume with a link to the Partners own individual info web page where the statistics for the Partners platforms can be displayed.
3.8. If P2P Invest has API integrated into the Partners platform will P2P Invest maintain the right to display the Historical Average Annual Interest Rate and other key figures based on the reported data.
3.9. P2P Invest is entitled to split, adapt, convert, and otherwise modify the data as technically required to allow listing on the Website.
3.10. P2P Invest may at its sole discretion decide to change the URL and/or design of the Website.
3.11. The Partner is responsible for ensuring the correctness and completeness of any data provided to P2P Invest.
3.12. If the Partner does not comply with section 3.2 will the Partner be delisted until the data has been uploaded correctly on the Platform without any remuneration.
4.1. The Partner accepts to comply and to implement all products P2P Invest promotes to the customers and including any future products P2P Invest implements. This includes e.g. but not limited to products as:
5.1. This Agreement enters into force when the Partner agrees with the Agreement on the Website (the “Effective Date”).
5.2. The Agreement covers the listing of the Partner for either three (3) calendar months or twelve (12) calendar months (“the Agreement Period”) from the Effective Date.
5.3. Unless terminated or canceled in accordance with the below terms, the Agreement is automatically renewed for a new and identical Agreement Period when the Agreement Period has expired.
6.1. The Partner and P2P Invest ApS may cancel the renewal of the Agreement by notifying in writing by email no less than one (1) month before the next automatic renewal.
6.2. P2P Invest may terminate the Agreement immediately by written notice by email to the Partner if the Partner becomes subject to public or authority investigation or conducts its business in a way P2P Invest deems detrimental to the reputation of P2P Invest. In case of termination on these grounds no share of the prepaid Fee, if any, shall be repaid to the Partner.
6.3. Without prejudice to any rights that have accrued under this Agreement or any of its rights or remedies, a Party may terminate this Agreement immediately by giving written notice to the other Party if the other Party commits a material breach of this Agreement and fails to remedy that breach within 14 calendar days of being notified in writing via email to do so.
6.4. P2P Invest can change all terms of any agreement between P2P Invest and the Partner with a one (1) months’ notice. If the Partners do not approve the change will the Agreement terminate, and the remaining payment will be reimbursed.
7.1. As payment for the service rendered under this Agreement (the “Fee”), the Partner must pay the fee to P2P Invest.
7.2. The Fee consists of a fixed fee.
7.3. The Fee does not include VAT which will be added by applicable law.
7.4. The Fee covers all products available to the Partner incl. listing on the Website for the period subscribed.
7.5. In case of automatic extension of the Agreement, cf. clause 5.3, a new Fee must be paid by the Partner for the following period at the latest upon the beginning of the new term.
7.6. Upon entering into the Agreement, the Partner is signed up for automatic payment deductions of the initial Fee and any subsequent Fees for renewals.
7.7. P2P Invest maintains the right to change the Fee with one month’s notice.
7.8. If any, the discounts specified in Appendix 1 shall apply.
7.9. The Partners agree to install tracking scripts on their website/platform.
8.1. The Partner is the sole owner of its data regarding e.g. all API integrations, coding, funding volumes data provided, number of projects, and amount of investors and retains all rights to it, but P2P Invest is licensed for all use of the data.
8.2. Any Partner, customer, or third party who uses the materiale without the approval hereof is breaching the ownership of the intellectual property and will be prosecuted herof.
8.3. If the Partner breaches, steals, reverse engineer (or anything like this) the intellectual property of P2P Invest, will the Partner pay equivalent to 100.000 DKK to P2P Invest pr. breach pr. week as long the breach consists.
9.1. The Partner hereby grants to P2P Invest for the Agreement a non-exclusive, non-transferable, revocable right to use the Partners trademarks in connection with the marketing and promotion of the Website in accordance with this Agreement.
9.2. During the Agreement, the Partner shall have the right to indicate to the public that it is a partner of P2P Invest.
10.1. P2P Invest may use the data provided by the Partner for performing the service on e.g., the Website under this Agreement and for any other purpose, including but not limited to forwarding the data to any third-party listing platforms.
11.1. The Partner has the right to stop delivery of monthly funding volumes to P2P Invest by giving P2P Invest at least one (1) month’s written notice by email thereof. Such notice does not constitute termination of the Agreement and no share of the prepaid Fee, if any, is repaid to the Partner because of such notice.
12.1. The Partner is solely responsible for ensuring compliance with all regulatory requirements applicable to the Partner and P2P Invest assumes no responsibility for such.
12.2. The Partner represents and warrants that the use under this Agreement by P2P Invest of the data provided by the Partner will not infringe any patent, copyright, trademark, or other proprietary rights of third parties.
12.3. The Partner accepts to take full responsibility for any lawsuit if the Partner has infringed any patent, copyright, trademark, or other proprietary rights of third parties.
12.4. The Partner approves by this Agreement to comply with all regulations including GDPR, and the Partner must inform P2P Invest if they suspect they do not comply with any law or regulation.
13.1. “Confidential Information” is any information provided by a Party to the other, whether marked as “confidential” or not.
13.2. However, Confidentiality Information does not include information which:
13.3. Each of the Parties agrees not to disclose the existence or contents of this Agreement to any third party without the prior written consent of the other Party except:
13.4. A Party receiving Confidential Information must take reasonable measures to ensure that the Confidential Information is kept confidential.
13.5. If a Party is forced by law or court order to make public or disclose to a third-party Confidential Information, that Party must limit the disclosure of Confidential Information as much as possible and immediately inform the other Party of the disclosure.
14.1. No Party is responsible to the other Party for any indirect or consequential loss or similar damage such as, but not limited to, downtime, loss of profit, loss of revenue, or loss of contracts, provided such damage was not caused by a willful act or gross negligence.
14.2. A Party’s aggregate liability towards the other Party is limited to twice the annual fee established under Appendix 1, provided such damage was not caused by a willful act or gross negligence.
14.3. The content of the offer is the Partners responsibility of being active and valid if the Partner has any offers displayed on the Website.
14.4. If there are any malfunctions to the API integration from the Partners system/platform to the Website regarding offers, so the customer buys an expired offer, must the Partner still deliver the offer to the customer even though the offer campaign has expired.
15.1. Either Party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lockouts or other serious labor disputes, riots, earthquakes, floods, pandemics, explosions, or other acts of nature. The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume.
15.2. In the event the interruption of the excused Party’s obligations continues for a period of more than 30 calendar days, either Party shall have the right to terminate this Agreement upon 14 calendar days prior written notice to the other Party. A Party shall not be considered in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages incurred or suffered by the other Party to the extent that it is prevented from carrying out those obligations because of extraordinary events beyond the Party’s control or which the Party could not have foreseen when the Agreement was entered into (force majeure).
16.1. The rights and obligations under this Agreement cannot be assigned to a third party.
16.2. Notwithstanding 12.1, a Party can assign rights and obligations under this Agreement to a third party as part of a complete takeover of the Party or acquisition of all its assets.
17.1. Any amendments to the Agreement shall be in writing and signed by all Parties.
18.1.The Parties must endeavor to settle all disputes between them amicably.
18.2.Danish law applies to the Agreement.
18.3. In any major disagreement between the Parties, the Parties accept to have a conciliation meeting at seven (7) calendar days’ notice. The Parties’ advisors can take part in the meeting for solving the disagreement to contribute to a proactive dialog for solving the disagreement.
18.4. If the conciliation meeting as described in paragraph 18.3 has been held without any settlement, both Parties have the right to act as described in paragraphs 18.5 to 18.7 below.
18.5. The Parties will have a mediation meeting within seven (7) calendar days if the conciliation meeting was unable to solve the disagreement. Mediationsinstituttet, Vesterbrogade 32, 1620 København V will mediate the disagreement.
18.6. If both Parties agree to solve the disagreement by a Danish Court, paragraph 18.5 in the Agreement will be disregarded.
18.7. If paragraph 18.6 becomes applicable, any disagreement between the Parties is to be settled by the Danish court in Copenhagen.
19.1. The Agreement does not create a legal entity with the Parties as participants, and the Parties, therefore, cannot bind each other vis-à-vis any third party.
19.2. The Parties do not accept restrictions between themselves other than those expressly mentioned in the Agreement, including restrictions of competition.
20.1. In case of conflict between a schedule and this Agreement itself, the terms of the Agreement itself shall prevail.