General Terms and Conditions

Use of the OWWN offer

We, FiRec GmbH, provider of the product "OWWN", (hereinafter "OWWN", "we" or "us") offer various services in connection with banking services (hereinafter "OWWN Service") via a mobile application (hereinafter "OWWN App") as part of a cooperation with Solarisbank AG. In particular, the OWWN Service enables end customers to carry out banking transactions such as money transactions, especially within the scope of the so-called mobile account management. Furthermore, the OWWN Service offers:
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• The digital use of your bank account with Solaris SE (including initiating the opening and closing of the bank account, opening savings accounts, closing savings accounts, SEPA transfers)
• Digital management of the use of a physical debit card of Solaris SE
• The digital management of a virtual debit card of Solaris SE (including initiating opening and closing, blocking and unblocking, setting individual card limits)
• Managing your bank account in sub-accounts (including initiating SEPA sub-accounts opening and closing)
• Categorization of transactions
• Receiving updates in the news feed
• Receiving briefings in the news feed
• Receiving quizzes in the news feed
• Using Apple Pay as a payment method
• Using Google Pay as a payment method
• Detailed view of all transactions made
• Receive push notifications
• Support to enable a garnishment protection account
• Automatic blocking of the bank card in case of suspicion of card fraud
• Receiving messages from Solaris SE via the inbox

The use of OWWN services requires the closing of a contract between you and Solaris SE for the creation and use of an account as well as for the use of a debit card. In principle, you will not incur any fees, costs or charges from Solaris SE for the contractual use of the current account and the debit card (with the exception of any custody fee and other fees for special services listed in SolarisAG's List of Prices and Services).


1. Area of validity
1.1 The General Terms and Conditions apply to the entire business relationship between the customer (hereinafter referred to as "customer" or "you") and OWWN, in particular to the use of the OWWN Services with all content, functions and rules.

1.2 Furthermore, the terms and conditions of Solaris SE (available at: https://owwn.webflow.io/en/consumer-information/all-other-conditions)


2. Subject matter of the contract
2.1 The subject matter of the contract is the use of the OWWN Services. You can conduct banking transactions to the extent offered by Solarisbank AG via the OWWN App and retrieve information about your account. The OWWN Service in relation to the conduct of banking transactions can only be used for the linked account with Solaris SE.

2.2 When using the OWWN Services, your account information will be transmitted to Solaris in encrypted form.

2.3 Programming interfaces provided by Solaris SE are used to access the account information and to transmit data.

2.4 We always strive for an unrestricted use and availability of the OWWN Service as far as possible, however, we do not assure this and do not assume any guarantee for this. You therefore acknowledge that access to the services may be temporarily restricted for technical reasons (e.g. malfunctions, maintenance) or reasons beyond our control (e.g. force majeure, third-party fault). If maintenance is required and the OWWN Service is unavailable as a result, we will use our best efforts to notify you of this in a timely manner.Generally, all technical services will be available 24 hours a day, 7 days a week. The banking services provided through the API of Solaris, are available 99.2% per month, i.e. the API of the Bank is unavailable for less than 5 hours and 50 minutes per month.

Similarly, OWWN services that require a Solaris SE account may not be available due to circumstances within the control of Solaris SE.


3. Registration for the OWWN service and opening of an account and a card
3.1 The use of the OWWN Service via the OWWN App requires that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), have a smartphone with Internet access. Furthermore, the operating system on the smartphone used must meet certain minimum requirements.

3.2 In order to start the registration and conclude a usage agreement with us, download the OWWN App from the respective mobile application provider (IOS / Android). After installing the OWWN app, you will be automatically guided through all the necessary steps to register. By completing the registration, you are also making an offer to enter into a contract for the use of the [OWWN App and OWWN Services]. We accept this offer by your admission to use to register use of the [OWWN App and the OWWN Services]. This acceptance concludes the contract with us. To complete registration, you must accept our Terms and Conditions and other terms and conditions.

In addition, as part of the registration process, you will be automatically guided through all other necessary steps to establish a link between your cell phone and the account at Solaris SE. In order to complete the setup of the account held with Solaris SE, you must also accept the terms and conditions of our partner bank, Solaris SE.

In order to successfully complete the registration process, it is necessary that you provide complete information. As part of the registration process, we will verify your email address and mobile phone number.
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3.3 To complete the registration process, you must accept our General Terms and Conditions and other terms and conditions as well as those of our partner bank, Solaris SE.
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3.4 To start the registration and conclude a user agreement with us, download the OWWN App from the respective mobile application provider (IOS / Android). After installing the OWWN app, you will be automatically guided through all the necessary steps to register. By completing the registration, you are also making an offer to enter into a contract for the use of the [OWWN App and OWWN Services]. We accept this offer by your admission to use to register use of the [OWWN App and the OWWN Services]. This acceptance concludes the contract with us. In order to complete the registration, our Terms and Conditions and other terms and conditions , as part of the registration process, you will be automatically guided through all other necessary steps to establish a link between your cell phone and the account maintained with Solaris . In order to complete the setup of the account maintained with Solaris , you must also accept the terms and conditions of our partner bank, Solaris order to successfully complete the registration process, it is required that you provide complete information. As part of the registration process, we verify your email address and mobile phone number.

3.5 Opening a current account with Solaris SE via the OWWN App requires identity verification, which is performed by an external service provider on behalf of Solaris SE. The identity verification is carried out by means of BankIdent or video identification. OWWN reserves the right to provide available procedures for selection. As part of the login and registration process, you will automatically be guided to video identification.3.6 Insofar as we offer additional services beyond those mentioned, you can book these services separately in each case via the corresponding functions in the app.


4. Costs
4.1 The amount of charges for the use of the OWWN Service, including the amount of payments exceeding the charges agreed for the main service, is set out in the "List of Prices and Services" (available at the end of this document). If you make use of a main service listed there and we have not made a different agreement for it, the charges stated in the "List of Prices and Services" at that time shall apply.

4.2 The amounts listed in the "List of Prices and Services" include the statutory value added tax.

4.3 Unless otherwise agreed, we will collect any fees from you. You authorize us to collect payments by SEPA direct debit from your account with Solaris SE.

4.4. There are no costs for the user for advertising purposes.
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5. Use of the OWWN service, communication, modification of information
5.1 The communication between the customer and OWWN is basically done through the OWWN App or by email with OWWN Customer Service.

5.2 You have the option to customize the following information yourself in your user account (In the App):
• Email address
• Mobile number
• Registration address

5.3 If you change the email address or mobile number, they will be verified again.
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5.4 For all other changes, please contact our customer service. (e.g. in case of name change after marriage).

5.5 The use of the account as well as the use of the card is governed by the General Terms and Conditions as well as the further conditions of Solaris SE listed in section 1.2 as well as the associated service description of the bank. (available at: https://owwn.webflow.io/en/consumer-information/all-other-conditions)

5.6 All communication is between you and us. This also applies in particular to declarations or notifications concerning the contractual relationship with Solaris SE. In this respect, we are the recipient and messenger of Solaris SE's declarations. Any termination of the current account agreement or the debit card usage agreement must also be addressed to us. OWWN will inform Solaris SE accordingly. If you decide to terminate the current account agreement or the debit card user agreement, you may also decide to terminate the contractual relationship with FiRec GmbH. However, it is not possible to terminate your OWWN account or the contract for the OWWN service and continue the associated account with Solaris SE. Upon termination of your OWWN Account or the OWWN Service Agreement, the Current Account Agreement and the Debit Card User Agreement with Solaris SE cannot be continued (see Section 8.4).

5.7 We may occasionally offer participation in challenges and other promotions in which users of the app can challenge each other, for example. These may be associated with the possibility of winning a prize. Separate conditions of participation may apply to these challenges or promotions, which we will inform you about in good time and to which you agree separately.
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6. Data Protection and Data Access
6.1 We are committed to protecting your data by taking appropriate measures and assure to process personal data of our users only if we have a legal permission to do so or if we have your consent. Details about the handling of personal data, data protection and data security can be found in our privacy policy (available at: https://www.owwn.com/en/consumer-information/information-on-privacy-policy).
Additional data protection provisions apply to the use of the account at Solaris. (available at: https://www.owwn.com/en/consumer-information/information)

6.2 The OWWN App is available via distribution platforms operated by third parties ("App Stores"). Subscription requires prior registration in the respective App Store. We have no influence on the collection, processing and use of personal data by the third party company operating the respective app store. In this respect, these companies alone are the responsible party.

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7. Obligations of users

7.1 You must ensure the secrecy and security of your access data to the OWWN Service. This means that you must keep your access data for accessing the OWWN Service secret, you must not disclose the data, you must not tolerate or allow third parties to gain knowledge of the data and you must take the necessary measures to ensure confidentiality.

7.2 You undertake to establish the technical connection to the OWWN Service only through the access channels communicated by us (OWWN App).

7.3 You will ensure that the e-mail address you have provided is accessible from the moment of registration and that it is possible to receive e-mails.

7.4 If you discover the loss or theft of your access data, misuse or other unauthorized use of your access data, you must notify us immediately. You must also report any theft or misuse to the police without delay. If you suspect that another person has obtained unauthorized possession or knowledge of your access data or is using your access data, you must also notify us immediately.

7.5 It is forbidden to make attacks on the functionality of the OWWN service, such as mass sending of e-mails (SPAM), hacking attempts, brute force attacks, the use or sending of spyware, viruses and worms.

7.6 Orders of any kind must make their content unambiguously recognizable. Orders that are not clearly formulated may result in queries that may lead to delays. When placing orders, you must pay particular attention to the accuracy and completeness of the information you provide, especially the account number or IBAN and bank code or BIC.


8. Duration and Termination

8.1 The contract for the use of the OWWN Services is concluded for an indefinite period. Insofar as individual parts of the service, which you have booked separately via the OWWN App, have a separate term, we will inform you of this as part of the respective order process.

8.2 You have the right to terminate the OWWN Services Agreement at any time by sending us an email. We will then delete your user account. Unsaved data will be lost upon termination. We will point this out to you separately before deletion. The OWWN service can be used without the Solaris banking service. To close your Solaris account, you can send us an e-mail with the request to close your Solaris account to hello@owwn.com.This will initiate the account closure. Upon termination of your OWWN Account or OWWN Services Agreement, an account closure request will be submitted to Solaris for the associated account. We will then send you the necessary account closure order documents for the account closure order with Solaris.

8.3 If you have booked additional OWWN Services, you may cancel them separately. Insofar as individual parts of the Services that you have booked separately via the App have a notice period that differs from Section 8.1, you will be informed of this prior to booking. Your user account will only be deleted when all parts of the services have been terminated.

8.4 You may terminate your OWWN Account or the OWWN Services Agreement by giving two months' notice in writing or by email. When you terminate your OWWN Account or the OWWN Services Agreement, you will also submit an account closure order for the associated account with Solaris. We will then send you the necessary account closure order documents for the account closure order with Solaris.

8.5 In addition, the contract may be terminated by either party without notice for good cause. Good cause entitling us to terminate the agreement exists if the continuation of this agreement is unreasonable for us, even taking into account your legitimate concerns. Good cause exists in particular in the event of a breach of the obligations described in clause 7 as well as in the event of a termination of the account agreement concluded between you and Solaris SE.
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9. Right of withdrawal for consumers and model withdrawal form; alternative dispute resolution.
As a consumer, the following information applies to you:
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9.1. Revocation
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (FiRec GmbH, Seelingstraße 47/49, 14059 Berlin) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the right of withdrawal‍
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. As far as services are concerned: If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.


Expiration of the right of withdrawal
‍The right of withdrawal shall also expire
• in the case of a contract for the provision of digital content not on a tangible medium, when we have commenced performance of the contract and
• in the case of a contract for the provision of services, when we have performed the service in full.


‍Example revocation form
(If you want to cancel the contract, please fill out this form and send it back).
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• To FiRec GmbH, [Seelingstraße 47/49, 14059 Berlin], [support@OWWN.com]

• I () hereby revoke the contract concluded by me () for the purchase of the following goods ()/the provision of the following service ().

• Ordered on ()/received on ()

• Name of the consumer(s)

• Address of the consumer(s)

• Signature of consumer(s) (only in case of paper communication)

• Date

(*) Delete as applicable.

End of example revocation form

9.2 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

‍We will endeavor to settle any disagreements arising from our contract with you amicably. Beyond that, we are not obligated to participate in a dispute resolution procedure and unfortunately cannot offer you participation in such a procedure.


10. Liabiliry
We shall be liable without limitation in accordance with the statutory provisions in the event of damage resulting from injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of fraudulent intent or breach of a warranty of quality by us, our legal representatives or vicarious agents, as well as in the event of liability under the ProdHaftG.
Subject to the preceding paragraph, we shall be liable in the event of damage to property and financial loss only in the event of a slightly negligent breach of material contractual obligations, but limited in amount to the foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. In all other respects liability is excluded.
This applies in particular also to a liability for damages due to product or legal defects of the digital product, in case of failure to provide the digital product or for product defects, which are solely due to the fact that the customer fails to install an update of the OWWN App, which are necessary for the maintenance of the contractual conformity and which are provided to him by us, within a reasonable period of time, if we

(1) informed Customer of the availability of such update and the consequences of failing to install it; and
(2) the fact that the customer has not installed the update or has installed it improperly is not due to defective installation instructions provided to the consumer. To the extent that our liability is limited or excluded, this shall also apply to the liability of our corporate bodies, legal representatives, employees and vicarious agents if claims are asserted directly against them.


‍11. Änderungen am digitalen Produkt und an diesen Geschäftsbedingungen
11.1 We reserve the right/opportunity to change the OWWN App and OWWN Services for valid reasons (including, but not limited to, security reasons, performance enhancement, to adapt to a new technical environment, due to increased user numbers, operational reasons, and/or to comply with legal or regulatory requirements) at our reasonable discretion, but always taking into account your legitimate interests. You will not incur any costs as a result of such a change. In the event of an impending change, we will inform you in text form with a notice period of at least 30 days. You will then have the right to either agree or object to the changes before the proposed date on which they take effect. The changes shall be deemed accepted with effect from that time if you do not object within the period.
We will expressly draw your attention to this effect of silence and the significance of the deadline in the notification. If you object to the changes within the time limit, both parties shall be entitled to terminate the contract within 2 weeks. The preceding paragraph does not apply to such changes that would lead to a change in the principle of equivalence of this contract of performance and consideration or to a change in the structure of the contract as a whole. In this case, we may offer you the continuation of the contract under the then amended conditions. If you do not agree to this amended contract, we reserve the right to terminate the original contract with a notice period of 2 weeks.

11.2 If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) and the amendment affects the ability to access the OWWN App, its usability or the usability of the OWWN Services, the following also applies:- You have the right to terminate this contract free of charge within 30 days. The period begins to run upon receipt of the following information. If the change occurs after the receipt of the information, the date of the change will replace the date of receipt of the information. Termination of the contract under this paragraph shall be excluded if.
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1.) the impairment of the access possibility or the usability is only insignificant or
2.) your access to the unchanged digital product and the usability of the unchanged digital product are maintained without additional costs.- We will inform you within a reasonable period of time of [at least 2 weeks] before the time of the change by means of a durable data medium about
1.) characteristics and time of the change as well as
2.) your rights to terminate the contract with us free of charge; this does not apply if the impairment of the access or usability is only insignificant.

11.3 For changes to these Terms and Conditions, the above Section 11.1 shall apply accordingly, with the proviso that a change to the Terms and Conditions may also be made for other, non-fundamental reasons.


12. Applicable law

12.1 The OWWN terms and conditions and their interpretation as well as the contract of the customer with us are subject to German law under exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.

12.2 Exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions or the contract of the customer with us is Berlin, as far as the customer has no general place of jurisdiction in Germany, or after conclusion of the contract moves his domicile or usual place of residence out of the area of application of the ZPO or his domicile or usual place of residence is not known at the time of the institution of proceedings.


13. Severability clause
If any provision of these terms and conditions is or becomes void, invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions shall not be affected thereby. § 139 BGB is waived.


14. Complaints
The customer may contact OWWN at support@OWWN.com to raise questions or complaints using various channels.


15. List of Prices and Services of OWWN Services

Charges for Arranging Services

OWWN (account and issuance of a debit card)