IMPORTANT INFORMATION: Please read these Terms of Service carefully before using our services. These Terms of Service become effective and binding on the user upon the use of the services.
1 Background
1.1 VenturePort AB, reg. no. 559205-2699, Storgatan 23C, 114 55 Stockholm, Sweden (”VenturePort” or “we” or “us”) provides an investor relations platform that makes it easy to keep investors, shareholders, and stakeholders in the loop (the “Service”). The investor relations platform is an easy-to-use web app that provides private investors, shareholders, and stakeholders an all-in-one-place for investor relations.
1.2 These terms of service (the “Terms of Service”) govern the provision and use of the Service and are part of the agreement (the ”Agreement”) between VenturePort and the user of VenturePort’s services (the “User” or “you”). You as a User are entering into this Agreement as an individual or on behalf of a company, business, or other legal entity.
2 Use of the Service etc.
2.1 As a condition of using the Service, you need to register as a User at ventureport.com or by using our mobile application, once available. When registering, you must enter the information to be provided to us in the online registration process. You must also accept this Agreement and the Privacy Policy. After you have entered into the Use Agreement, your VenturePort account will be opened (“Account”).
2.2 You must treat your access data for your Account (especially your login credentials) as strictly confidential. You are not allowed to disclose them to any third party or to let any third party use your Account.
2.3 As a User, you must always make sure that all information provided to us is correct and up to date, and you are obliged to amend it promptly in the event of changes and inform us of those changes. Please bear in mind that other Users are relying on your information always being correct and up-to-date.
2.4 You are responsible for all your activity when using the Service. The availability of the Service depends on the User’s own technical equipment. To use and access the Service and to submit and/or upload information, you must have the necessary, appropriate technical facilities.
2.5 VenturePort shall only be obliged to keep the Service available for use during the availability periods specified by us. Although we will endeavor to do so, we are under no obligation to keep the Service available at all times. If the Service is in urgent need of maintenance (particularly data security) or if we are exposed to events beyond our control (e.g., faults, limited availability or failures of telecommunications networks, of data transfer by third parties, of power suppliers, or natural disasters, shutdown orders from regulatory authorities that do not result from our own actions, and similar events), we are entitled to suspend the availability of the Service in part or in whole. If measures are necessary to ensure the security of our Service (for example, in the event of attacks from the Internet), or if technical measures are needed to maintain or improve the Service standards, we may temporarily restrict or deny access to the Service at any time, taking fair account of Users’ interests. We safeguard our systems against unauthorized access by third parties to the best of our knowledge and ability.
3 Termination or Suspension of the Service
3.1 We are allowed to terminate the Agreement and thereby stop providing you the Service at any time by giving you one month’s advance notice (which will be sent to the email address that you have provided to us).
3.2 We are allowed to suspend your use of the Service, restrict its functionality, or terminate this Agreement at any time with immediate effect if:
you haven’t given us the information we need to provide the Service, or we believe that any of the information that you have provided to us was incorrect or false;
you fail to provide any information necessary for us to comply with any legal obligations;
we reasonably suspect that the security of your Account has been compromised or that you, or any third party, have used, or intend to use the Service for unlawful purposes;
we are required to do so under applicable law or where we believe that continued operation of the Service may be in breach of applicable law; or
you have breached this Agreement.
3.3 If we do suspend or terminate your use of the Service we shall, where lawfully permitted, notify you in advance or as soon as possible afterward.
3.4 Unless or until you or we terminate this Agreement, this Agreement will remain in force.
4 Limitation of Liability
4.1 Any damage that occurs when using the Service shall not be compensated by VenturePort if we have acted with normal care. VenturePort is not responsible for any indirect damage (including but not limited to loss of profits, loss of business, or any indirect, consequential, special or punitive losses) unless the indirect damage is caused by VenturePort’s gross negligence.
4.2 VenturePort shall not be liable for any loss arising from any use of the Service that is contrary to this Agreement or written instructions or guidance given by VenturePort.
4.3 In any circumstances, VenturePort shall not be liable for any damage arising out of the use of the information or data shared between or created by, Users of the Service, and VenturePort shall not be liable for the validity, credibility, or authenticity of any such content created by the Users.
5 Intellectual Property Rights
5.1 All “Intellectual Property Rights” (being trademarks, trade names, domain names, copyrights, patents, rights to inventions, rights in designs, know-how, trade secrets, and any other intellectual property rights, whether registered or unregistered and including all applications (or rights to apply) for such rights which exist or will exist now or in the future in any part of the world) belonging to VenturePort and through which the Services are made available to the User, shall remain the sole and exclusive property of VenturePort, and the User shall not be entitled to use or have any other right whatsoever in such Intellectual Property Rights. All Intellectual Property Rights developed by VenturePort in connection with the Services shall exclusively belong to VenturePort, unless otherwise specifically agreed upon in writing between the Parties.
6 Changes to the Agreement
6.1 We may update or amend this Agreement at any time giving you advance notice, when possible. Such notice shall be given through the Service or by e-mail (using the latest contact details you have you have provided us with).
6.2 If you do not agree with the changes to the Agreement, you may terminate your Agreement regarding the use of the Service.
7 Confidentiality
7.1 You may use the Services to share or receive information of confidential nature, including but not limited to metrics, files, documents, data, or other materials (“Confidential Information”).
7.2 You must keep Confidential Information received through the Services secure and confidential, and you may not use such information or materials for purposes other than what they have been intended for.
8 Force Majeure
8.1 A Party shall not be liable for loss, damage, or delay due to Swedish or foreign law, Swedish or foreign government action, war or war-like event, terrorist incident, strike (both contractual and non-contractual), lockout, blockade, boycott, or other similar circumstance that Party could not reasonably be expected to have taken into account and whose consequences the Party could not reasonably have avoided or overcome. The provision regarding strikes, lockouts, blockades, and boycotts applies even if the Party itself takes or is the subject of such a conflict measure.
9 Assignment
9.1 The User may not assign its rights and/or obligations under the Agreement to a third party, without VenturePort’s written consent thereto.
9.2 VenturePort may assign, in full or in part, its rights and/or obligations under the Agreement to another party without the User’s consent.
10 Miscellaneous
10.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
10.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
10.3 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. We may assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement.
11 Governing Law
11.1 This Agreement shall be governed by the substantive laws of Sweden.
12 Disputes
12.1 Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
12.2 The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000. Where the amount in dispute exceeds EUR 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000. Where the amount in dispute exceeds EUR 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration.
12.3 The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish unless otherwise agreed by the Parties.
13 Contact Information and Complaints
13.1 If you have any questions regarding the Service, please contact us at the following address: support@ventureport.com. In your email, please state your full name and your account email address.
13.2 Should you wish to make a complaint about your use of the Service, you may contact Customer Service by email at support@centureport.com and provide the details of your complaint.
13.4 If we are unable to resolve your complaint, you can report your case to the General Complaints Board (Allmänna Reklamationsnämnden, “ARN”). More information can be found on ARN’s website www.arn.se. You can submit your complaint in any of the official languages of the European Union via the ODR platform provided by the European Commission, and the case will then be handed over to ARN. You can also contact ARN by post or in person: Allmänna reklamentationsnämnden, Box 174, 101 23 Stockholm, Sweden, visiting address: Kungsholmstorg 5, Stockholm.