VENTUREPORT TERMS OF SERVICE
These terms of service (“Terms of Service”) govern your use of Ventureport (“Service”). By accepting the Terms of Service, an agreement is entered into between you and Fleet St. Technologies AB, company registration number 559205-2699, having its registered address at Malmskillnadsgatan 32, 111 51 Stockholm, Sweden (“we” or “us”).
The Service is provided through our mobile application (“App”) and our webpage https://www.ventureport.com/ (“Webpage”). By using the Service or creating a User Account (as defined below) with us, you accept these Terms of Service. If you do not agree to these Terms of Service, please do not use the Service provided by us.
These Terms of Service apply within Sweden.
Persons under the age of 18 may not use the Service without parental consent.
The Service is an invite-only digital network where privately owned companies can, easily and safely, communicate with their respective shareholders as well as with individuals who may have an interest in such companies. Everyone using our Service is, in these Terms of Service, referred to as (“Users”) or (“you”). The definition of Users and you also includes you as a party to this contract, which you have entered into by accepting these Terms of Service.
We wish to declare that we under no circumstances should be regarded as a party, an intermediator, an agent, a commission agent or in any other way as connected to our Users’ interactions and use of the Service, other than via these Terms of Service that are entered into with every User separately.
Provided that you accept and adhere to these Terms of Service, you are granted a non-exclusive, non-transferable, revocable license to use the Service through the Website and to download, install and use the App in object code form on a mobile device which you own or have access to, in Sweden, in order to use the Service for its intended purpose.
You will not receive any other license to use the Service except as expressly provided in these Terms of Service.
The content posted on the Service may belong to third parties and the Service may integrate with third party websites or applications. You understand and accept that we are not liable for any content nor any integrations supplied by a third party within the scope of the Service.
We do not grant you or anyone else permission to copy or alter the Service in whole or in part. You, or a third party, may not without our consent develop, add to, decompile or make reverse engineering on the Service or its components. It is not allowed to re-create the source code or its functionality, or make copies of the software, other than as expressly permitted by mandatory law.
You may not use the Service to distribute viruses, trojans or similar programs. We do not allow automatic reading of the Service.
All intellectual property rights in the Website, App or in any other part of the Service, belongs to or are disposed of with license by us. Nothing in these Terms of Service shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.
USERNAME AND PASSWORD
In order to use the Service, you will have to create a personal account (“User Account”) and sign in. Instructions on how to create a User Account are set forth on ventureport.com.
Upon creating a new User Account, you may choose a username and a password. The username and password may not be harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violates these Terms of Service.
Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your User Account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your User Account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your User Account if we have reason to believe that any third party has gained unlawful access to your User Account.
Please note that if your User Account is left inactive during a period of 90 consecutive days, we have the right to make your User Account “invisible”, meaning that all account information is saved, but the User Account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your User Account is left inactive during a period of 365 consecutive days, we have the right to cancel your User Account permanently.
YOUR USE OF THE SERVICE
Your use of the Service may only be in accordance with its intended purposes, as described above. If you do not accept this, you may not use the Service.
The Users decide what Information (as defined below) they provide and who they permit to access such Information. Users may be categorized as follows:
- (“Member”) who has the ability to view its ownership in the respective VP Companies (as defined below) listed on the Service, and the Information VP Companies, who they may or may not be an owner of, choose to share with them;
- (“VP Company”) that has the ability to provide Information and decide different levels of access to such Information to VP Company Owners (as defined below), Observers (as defined below) and Members who is not necessarily related to the VP Company in question;
- (“VP Company Owner”) who owns shares in a VP Company, and is only regarded as an owner in relation to the VP Company that the Member has an ownership in;
- (“Observer”) who is not a shareholder in a specific VP Company and that has applied for, and been granted by a VP Company, access to a certain amount of Information that is determined by the VP Company in question. Depending on the VP Company, the Information that Observers have access to may or may not be accessed by other Members who are not owners in that VP Company.
Levels of Information
The levels of information (collectively “Information”) may be categorized as follows:
- (“Public information”) is information that any User has access to, which may include news and bigger company events,
- (“Member information”) is information that all Members have access to,
- (“Observer information”) is information that Observers and VP Company Owners have access to,
- (“Owner Information”) is information that only VP Company Owners have access to.
The Information that a User stores on the platform may include, but is not limited to, logos, sales material, company specific news, annual reports, share register, capitalization tables, option schedules and financial estimates.
You are responsible for all Information that you upload (regardless of abovementioned category) when using the Service and you warrant that you will not upload Information that violate these Terms of Service.
You may upload content other than Information ("User-generated Material") to the Service.
You agree and warrant that you will not distribute or upload any User-generated Material to the Service which:
- is false, misleading, untruthful or inaccurate;
- promotes or encourages illegal activity;
- is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group);
- constitutes defamation, contains pornography or is in any other way sexually explicit;
- attacks sexual orientation or religion or is discriminating in any other way;
- constitute insult or persecution of a person;
- is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks), or
- otherwise contradicts the Service's intended purposes.
Our Position Regarding Information and User-generated Material
We will not tolerate any Information or User-generated Material we consider inappropriate, illegal or unethical. We have a statutory duty to monitor the Information and User-generated Material that are made available in the Service and to, under certain conditions, remove Information and User-generated Material from the Service. We reserve the right to, at our sole discretion, remove Information and User-generated Material that we deem inconsistent with these Terms of Service or which we in any other way consider unfair, unethical or illegal and that may be harmful to us or the Users of the Service.
Please contact us at firstname.lastname@example.org if you encounter any Information or User-generated Material that you believe:
- Infringes these Terms of Service;
- you suspect are not living up to our high standards;
- are abusive or inappropriate in any way, or
- if you have any other reason to believe that our Service is used for illegal purposes or for purposes that are not in accordance with these Terms of Service.
Intellectual Property Rights to Information and User-generated Material
Ownership of all Information or User-generated Material uploaded by you belongs to you, or the third party that owns the intellectual property rights to such Information or User-generated Material. You hereby give us a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display or otherwise use the Information and User-generated Material to provide and market the Service, or any of our current or future products or services.
You warrant that you have all necessary rights to show and upload Information and User-generated Material, to use the Information or User-generated Material in all other ways and to grant us license to the Information and User-generated Material as described above.
We may offer you access to beta services that are being provided prior to general release (“Beta Services”) but we do not make any guarantees that these services will be made generally available. You understand and agree that the Beta Services may contain bugs, errors and other defects, and that the use of Beta Services is at your sole risk. You acknowledge that your use of Beta Services is on a voluntary and optional basis, and we have no obligation to provide technical support and may discontinue provision of Beta Services at any time in our sole discretion and without prior notice to you. These Beta Services are offered “AS-IS”, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory or otherwise. If you are using Beta Services, you agree to receive related correspondence and updates from us and acknowledge that opting out may result in cancellation of your access to the Beta Services. If you provide feedback about the Beta Service (“Feedback”) you agree that we own any Feedback that you share with us.
We will provide technical support for the Service by telephone and email limited to the following 9:00-17:00 Central European Standard Time on weekdays. The technical support includes help with using the application, dashboard, installation, registration, troubleshooting and basic how-to questions. Technical support does not include help with using or problems with third-party features that may be integrated.
Network Fees and Access
You are responsible for securing access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data and messaging services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hardware or software up to date, to access and use our Service.
The Service is free of charge.
PROCESSING OF PERSONAL DATA
In case we process personal data on behalf of you, we will be deemed a data processor in accordance with applicable data protection laws, and such processing will be governed by the Data Protection Agreement: DPA
DISCLAIMER OF WARRANTY
The Service, including the Webpage and the App, are provided “AS-IS” without warranties of any kind. You understand and agree that the Service may contain bugs, errors and other defects, and that the use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Webpage, App or the Service.
We recommend that you do not rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of Service or the inability to use the Service. We are not responsible to you for any third-party claims made against you. Our total liability to you in connection with the Service, for any injuries, losses, and legal actions, shall under no circumstances exceed the reimbursement we received from you in accordance with these Terms of Service twelve (12) months immediately prior to the claim arose.
INDEMNITY AND LIMITATION OF LIABILITY
You are liable for any damages inflicted on us, or on any third party, due to your breach of these Terms of Service, including but not limited to the misuse of the Webpage, the App and/or the Service. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of Service or other applicable law.
Should any Information or User-generated Material infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the Information or User-generated Material and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.
CHANGE OF TERmS AND TERMINATION OF SERVICES
We have the right to make changes and updates to these Terms of Service. We will inform you of any such changes at the latest thirty (30) days before an adjustment enters into force. We will give you such information by clear notice via email to the email address provided by you.
You have the right to terminate your User Account and remove your content from the Service at any time and without prior notice.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of Service. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, in our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
You may not assign or transfer any rights, obligations or licenses as provided in these Terms of Service. We may assign and transfer our rights under these Terms of Service without your consent and without notice to you.
APPLICABLE LAW AND DISPUTES
These Terms of Service shall be governed by and construed in accordance with Swedish law, without regard to its conflict of law rules.
Any dispute or claim arising out of or in connection with these Terms of Service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
WARRANTIES AGAINST APPLE INC.
The parties to this agreement, we and the Users, hereby clarifies the following in relation to Apple Inc. ("Apple"):
- That we and the Users are the only parties to this Agreement;
- That we are responsible for the Service, the App and all content therein. We carry all responsibility for the maintenance, support and service of the Service or any technical equipment used to enable the provision of these. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party.
- That all demands or claims arising directly or indirectly from the use of the Service and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims, if these are directed against Apple.
- That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on the Service or infringements of any third party's intellectual property rights caused by use of the Service.
- The User guarantees and ensures that you are not located in a country subject to an embargo issued by the US government, or has been designated by the US as a "terrorist supporting" country and that you are not on any of the US government's list of prohibited or restricted parties.
- That these Terms of Service creates rights for Apple to apply these Terms of Service directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of Service will not give any third-party rights to any other natural or legal person.