Status: February 2026
isarlend GmbH, Machtlfinger Straße 15, 81379 Munich (“Platform Operator”), legally represented by its Managing Directors Dr Alfred Gruber and Peer Simon, operates a financing brokerage platform (“Platform”) on the website www.fulfin.com. The brokerage takes place between the user and a financing partner cooperating with the Platform Operator (“Financing Partner”).
1 Subject matter of the contract, scope of application and changes to the terms of use
1.1 These Terms of Use apply to the utilisation of the Platform by commercial users (“Users”). Users within the meaning of these Terms and Conditions are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity and intend to take out a loan via the Platform. Use of the platform is reserved exclusively for entrepreneurs; use by consumers within the meaning of Section 13 BGB or other users not deemed to be entrepreneurs is excluded.
1.2 The Platform Operator enables the use of the Platform as described in these Terms of Use (“Terms of Use”). A user agreement based on these Terms of Use (“User Agreement”) is concluded between the User and the Platform Operator after the User has registered.
1.3 Otherwise, the services owed by the Platform Operator are limited to the services as described in these Terms of Use. In this respect, the content and provision of services by the Platform Operator shall be governed exclusively by these Terms of Use, unless expressly agreed otherwise in individual cases.
1.4 No specific action on the part of the Platform Operator is owed on the basis of these Terms of Use.
1.5 By registering on the platform, the respective user recognises the validity of these Terms of Use. These Terms of Use shall take precedence over any general terms and conditions of the user; such terms and conditions shall not apply to transactions conducted via the platform.
1.6 The Platform Operator reserves the right to amend these Terms of Use unilaterally if this is necessary to adapt to changes in the legal or technical framework or if new functions are introduced.
1.7 The user shall be notified of changes in text form at least six weeks before they are scheduled to come into force. In the notification of change, the platform operator shall draw the user’s particular attention to the significance of this deadline and the legal consequences of failing to object. The proposed changes shall only become effective with the consent of the user. Subject to Section 1.7, consent shall be deemed to have been given if the user does not object to them in text form by the time they come into effect (fictitious consent).
1.8 The fiction of consent pursuant to Section 1.7 shall not apply in the event of changes (i) to the main performance obligations of the user contract and the fees for the main performance obligations, (ii) to fees that are aimed at a payment by the user that exceeds the agreed fee for the main services, (iii) that would be equivalent to the conclusion of a new contract, or (iv) that would significantly shift the previous relationship between performance and consideration in favour of the Platform Operator. In these cases, the express consent of the user is required for the proposed changes to take effect.
2. principles and functioning of the platform
The user can apply for financing via the platform operator. The platform operator does not make any recommendations and does not provide any other advisory services, in particular no investment or financing advice. The platform operator does not provide financing itself and does not act as a bank. Users use the platform in their own name and at their own risk. Reference is made to the provisions of Section 5 (Risk information).
3 Use of the platform
Users can use the platform in accordance with the following provisions.
3.1 Personal requirements
The use of the Platform on the basis of these Terms of Use is open to users within the meaning of Section 1.1 who have their registered office / business address in Germany.
3.2 Registration, data protection
3.2.1 Each user must register once on the platform. After entering the personal or company-related data, a personal user account is generated for the user. The user’s personal data is processed in accordance with the applicable data protection regulations. The platform operator’s data protection information provides information on the processing of personal data. The user can view, download, save and/or print out the current version of the Terms of Use and the Privacy Policy on the platform at https://www.fulfin.com/de/datenschutz/.
3.2.2 The user is obliged to provide truthful and complete information when registering and to keep this information up to date at all times by updating it in the protected area on the platform. In particular, business addresses and account details must be updated immediately in the event of changes.
3.2.3 The registration is confirmed to the user by the platform operator subject to the provision of all information required in the registration process and finalised by the user’s reconfirmation (email, link confirmation). The user contract based on these Terms of Use and the Privacy Policy shall only come into effect upon confirmation by the user. With the user data generated, the user can log on to the platform and access the protected area. The platform operator also reserves the right to exclude individual users from the platform at its own discretion. There is no entitlement to registration.
3.2.4 The user is obliged to use the platform only as intended and only for legally permissible purposes. The users concerned are obliged to indemnify the platform operator against all possible claims by third parties (including other users) resulting from or in connection with the culpable violation of these conditions of use by them.
3.2.5 If the user wishes to submit a loan brokerage application, the platform will initiate a money laundering identification for the financing partner(s) in question. In the case of legal entities, this includes the identification of the members of the respective management body, other authorised representatives and the beneficial owners. Suitable evidence may be requested for this purpose.
3.3 Consent to be named as a reference client
3.3.1 The user hereby grants the platform operator the right to name the user as a customer using the company name, company logo and, if applicable, quotations as a reference customer in the context of commercial activities, irrespective of the transmission, carrier and storage technologies.
3.3.2 This consent gives the user the opportunity to increase his own reach and visibility through the use of his brand and/or company logos and a backlink to his internet presence via the platform. The platform operator shall make this additional visibility and the associated sales potential available to the user free of charge. However, the platform operator is not obliged to make use of the right granted.
3.3.3 The consent given in section 3.3.1 is voluntary and can be revoked at any time. Should it not be possible to cancel any publications already made for technical and/or practical reasons (e.g. publications already made in print media etc.) after receipt of the declaration of cancellation, the user cannot derive any claims from this.
3.3.4 The user assures that he/she is the owner of the rights authorised for use in section 3.3.1. The platform operator cannot be held liable for any consequences resulting from the use. The user shall indemnify the platform operator against any third-party claims based on the infringement of third-party rights by the user.
3.4 Availability of the platform
The platform operator is obliged to keep the platform available on a regular basis. However, the platform operator is not obliged to keep the platform available at all times. In particular, the platform operator is entitled to discontinue or otherwise restrict the operation of the platform in whole or in part if the platform requires maintenance, the security of the platform (in particular data security) requires this, the platform operator is exposed to events that the platform operator itself cannot influence (e.g. defects, limited availability or failure of telecommunications networks, data transmission by third parties, energy supply and natural disasters, decommissioning orders by supervisory authorities not caused by the platform operator and similar events) or measures are required to ensure the security of the platform operator’s servers (e.g. in the event of attacks from the Internet) or technical measures are required to maintain or improve the standard of the platform.
3.5 Data transmission
Data entered on the platform is transmitted in encrypted form. Despite encrypted data transmission, the platform operator has no influence on the transmission of data on the Internet itself. The platform operator points out that he secures his systems against unauthorised access by third parties to the data stored by him with the security systems currently available to him and that absolute protection against attacks by third parties is not possible according to the current state of the art and is therefore not owed by the platform operator.
4. financing applications and financing brokerage
4.1 Financing application
4.1.1 The User may submit financing applications via the Platform in accordance with the options offered on the Platform.
4.1.2 By submitting an application, the User submits an offer to the Platform Operator to conclude a financing brokerage agreement.
4.1.3 Under the brokerage agreement, the platform operator is obliged to endeavour to find a suitable financing solution; no specific action or specific brokerage success is owed. The brokerage agreement ends without the need for cancellation as soon as (i) the user withdraws his application by e-mail, (ii) a loan agreement has been successfully concluded with one of the financing partners or (iii) the platform operator discontinues the brokerage efforts due to a lack of prospects of success and informs the user of this. The user may withdraw the application at any time, provided that no legally binding contract has yet been concluded with a financing partner.
4.1.4 Use of the platform is free of charge for the user. A brokerage commission shall only be charged once the user has successfully arranged financing, provided that the user has been notified of this in advance in writing (electronically in text form) and has accepted it.
4.1.5 It is possible that the platform operator may also receive a brokerage commission from the financing partner. If this is the case, (i) this brokerage commission will be shown separately to the user and (ii) in any case will not be passed on to the user unless such a charge is disclosed to the user.
4.2 External credit information, digital account overview and business documents
4.2.1 The platform operator is authorised to obtain credit information about the user at appropriate times before forwarding a financing application and in the event of repeated use of the platform. The selection of the external service providers used for this purpose is at the discretion of the platform operator. Furthermore, the platform operator is entitled to obtain credit information (e.g. SCHUFA or Creditreform) about the members of the management bodies, the main beneficial owners and any guarantors of the user. Details on the information services used can be found in the privacy policy(https://www.fulfin.com/de/datenschutz/).
4.2.2 Before forwarding a financing application to the financing partners, the platform operator carries out a non-binding preliminary check. This includes (1) a digital analysis of the business account (“Open Banking” / account view / alternatively account statements in .pdf or .csv format), in particular to evaluate the amount, regularity and origin of the payment flows and to identify any negative features (e.g. payment disruptions) and (2) the evaluation of submitted business management documents (e.g. BWA, SuSa, annual financial statements). The user authorises the platform operator to pass on this data and the analysis results obtained from it to potential financing partners for the purpose of determining creditworthiness and making credit decisions.
4.3 Forwarding the data provided and other documents relating to the application to the financing partners
Based on the information obtained and made available to it by the user, the platform operator selects eligible financing partners to which it forwards the user’s financing application. There is no entitlement to the forwarding of an application. The platform operator may terminate or pause the processing of the application at any time (for example, if there are reasonable doubts as to the accuracy of the information or if the user cancels his user contract or revokes his consent to the inclusion of the data protection declaration concerning him or to the collection of required data and information from third parties). Until the loan application is forwarded, the user may correct the information provided by him or dispel any doubts on the part of the platform operator.
4.4 Mediation of the loan agreement
The conclusion of a loan agreement depends on whether a financing partner agrees. For their part, the financing partners check the application. In doing so, they rely on the information provided by the platform operator (rating, credit report, etc.). The financing partner always makes its own independent decision and is therefore not obliged to grant the financing.
4.5 Electronic declarations of intent
4.5.1 The declarations and consents required for the use of the platform and for the conclusion of contracts are submitted electronically. The user agrees to receive business-related communication from the platform operator electronically (e.g. by e-mail or system notification). Section 9.1 applies in all other respects.
4.5.2 Unless a stricter form is prescribed by law (e.g. written form or notarisation), electronic declarations and consents shall be sufficient in text form.
4.5.3 If the user submits declarations of intent using his/her access data (e.g. by electronic confirmation or e-mail), these shall be attributed to the user as his/her own declarations in accordance with the general principles of representation. The user is obliged to protect his access data from access by unauthorised third parties.
4.5.4 In the relationship between the user and the respective financing partner, the platform operator acts merely as a messenger when forwarding declarations. Any loan or financing contract is concluded exclusively and directly between the user and the respective financing partner, even if the conclusion of the contract is technically mediated via the platform.
5 Risk information
Each user is responsible for independently and carefully examining the opportunities and risks of using borrowed capital in the form of financing. The platform operator does not provide any recommendation, nor does the platform operator provide advisory services that go beyond the brokerage of financing.
6 Liability
The platform operator shall only be liable for damages – irrespective of the legal grounds – in cases of intent and gross negligence. In the event of simple negligence, the Platform Operator shall only be liable (i) for damages resulting from injury to life, limb or health, and (ii) for damages resulting from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the User regularly relies and may rely); in the latter case, however, the Platform Operator’s liability shall be limited to compensation for foreseeable, typically occurring damages.
7 Representations and warranties of the user
The user represents and warrants by way of an independent guarantee promise (§ 311 para. 1 BGB) that:
- it is duly established or legally validly existing and correctly named;
- the persons acting during registration and use of the platform are authorised to represent it in a legally binding manner;
- it is neither a party to a domination and profit and loss transfer agreement nor part of a fiscal unity;
- there are no grounds for insolvency in his person pursuant to Sections 17-19 InsO at the time the application is filed;
- at the time of filing the application, he is not aware of any pending or threatened proceedings that are likely to impair his ability to fulfil his obligations under this licence agreement or any financing agreements; and
- he is an entrepreneur within the meaning of § 14 BGB and uses the financing applied for via the platform exclusively for entrepreneurial purposes.
8 Term, cancellation
8.1 The contract of use between the user and the platform operator established by the conclusion of the registration shall run for an indefinite period and may be terminated by either party with a notice period of two weeks to the end of the month. The right to extraordinary cancellation remains unaffected.
8.2 In the event of cancellation, the rights and obligations established up to the end of the user relationship shall remain unaffected. Termination of the user relationship shall have no effect on the validity of the other contracts (in particular the brokerage contract, financing contract and any transfer contracts for the purpose of refinancing).
8.3 Cancellation must be declared by e-mail. Electronic transmission in text form shall suffice to comply with the formal requirement under clause 9.1.
9 Formal requirements
9.1 Unless otherwise agreed, all declarations transmitted within the scope of the licence agreement concluded with the Platform Operator, including these Terms of Use, must be made in text form within the meaning of Section 126b BGB. in the sense of § 126b BGB.
9.2 The User acknowledges that any financing agreements (in particular loan and collateral agreements) between the User and the respective financing partner may require a qualified electronic form in accordance with Sections 126 (3), 126a BGB. The respective formal requirements may differ depending on the financing partner and are regulated in the respective financing agreements.
10 Final provisions
10.1 Should the User and the Platform Operator enter into individual agreements that deviate from or supplement these Terms of Use, the individual agreements shall take precedence over these Terms of Use.
10.2 These Terms of Use and the legal relationship between the User and the Platform Operator shall be governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of international private law insofar as these would lead to the applicability of a substantive law other than German law.
10.3 To the extent permitted by law, the place of jurisdiction for all legal disputes arising from or in connection with the licence agreement and these Terms of Use (including the validity of the licence agreement) shall be Munich.
10.4 Should provisions of the licence agreement or a future contractual provision be wholly or partially invalid or subsequently lose their legal validity, this shall not affect the validity of the remaining provisions of the licence agreement. The same shall apply if a loophole is found in the licence agreement. In place of the invalid provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes as close as possible in economic terms to what the parties intended or would have intended according to the meaning and purpose of the licence agreement on the basis of these terms of use, had they considered the point.