TERMS AND CONDITIONS FOR USING THE FUNDINGBOX PLATFORM

Introduction

Our platform was created to build the largest tech disruptors community in Europe with the best entrepreneurs, researchers and SMEs’. We give you space where entrepreneurs can meet, interact and collaborate. FundingBox provides “scale ups” (startups and tech SMEs) with simple and personalised access to both public funding and interactive tech communities.

These Terms of Service state the terms and conditions of providing the Services by FundingBox for the benefit of the Users, as well as the rights and obligations of the Users and FundingBox.

While using our Platform you agree to all of these terms. Use of the FundingBox Platform is also subject to our Privacy Policy which covers the processing of your personal data and Cookies policy.

The owner of the FundingBox Platform and the Service Provider is FundingBox Accelerator Sp. z o.o. with its registered office in Warsaw (02-305), Poland, Al. Jerozolimskie 136; entered into the National Court Register, Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division under KRS number 0000447935, VAT EU: PL 7010366812. FundingBox Accelerator Sp. z o.o. is part of The FundingBox Group S.L., Spain.

This Agreement applies to all FundingBox’s websites under which we provide Services (hereinafter called FundingBox Platform or Platform): FundingBox.com and it’s subdomains, FundingBox desktop and mobile apps and other FundingBox related sites and services that states that they are offered under this contract.

User is free to choose which services it uses.

Contract

By creating an Account or accessing and/or using our services (described in this Policy), you enter into a legally binding contract with FundingBox Accelerator Sp. z o.o. (Service provider, also referred to as „FundingBox”, “we” and “us”) for provision of Services by electronic means concluded by and between the Service Provider and the User. The Agreement is concluded on the basis of the Act of 18 July 2002 on providing electronic services. If you do not agree to this contract (“Contract”), please do not register and do not access or otherwise use any of the FundingBox Services. You can terminate this contract, at any time, by closing your account and no longer accessing or using our Platform.

Services provided by FundingBox are free of charge unless it is otherwise stated in these Terms. The Contract is concluded for unlimited period of time.

The Privacy Policy is an integral part of these Terms of Service.

Registration

Users that registered to our Platform are “Members” while unregistered users are “Visitors”. The Contract applies to both Members and Visitors (together called Users). Visitors may access only a small part of the Platform functionalities and can’t browse most of their content.

You becomes a Member upon registration. To register on the Platform the User shall:

1. be 16 years old or older (if your national law requires a higher limit to access into Contracts, you should met this limit);
2. read and accept the content of these Terms and the Privacy Policy;
3. complete the registration form providing the following data: name, surname, username, e-mail address, access password (User must provide its real data);
4. confirm that it has read the terms (Terms and Privacy Policy) and press the «Continue» button;
5. pick up an e-mail with a link verifying the correctness of the e-mail address and activation;
6. confirm the correctness of the email address and conclusion of the contract by clicking the activation link (if in the period indicated by the Service User does not confirm the Account creation, will not have access to it and will not be able to use the Services that require Account).

The conditions mentioned above shall be meet jointly. The User declares, by completing and sending the Registration Form or making Authentication,  that the data provided therein are complete, consistent with the facts and does not violate any rights of third parties. Creating an account with false information is a violation of our Terms.

The User can also use an external authentication service (e.g. Facebook Connect, LinkedIn) that allows User to set up an Account and gain access to it.

Account

The Account is a free of charge service rendered by electronic means – a modifiable part of the Platform individually assigned to the Member, in which data pertaining to the Member and its activity within the Platform are collected.

The Member holds the Account and may use it to manage the Services. Member shall:

1. choose a strong and secure password and keep it confidential;
2. not transfer any part of its account;
3. use Platform only for professional purposes and in connection to its professional or business activity;
4. use the platform in accordance with the law, respecting the rights of others.

Member is solely responsible for anything that results from the use of its account.

The Account is non-transferable.

Registration of a legal entity or organizational unit without legal personality, as well as any further actions pertaining to such entities within the operation of the Platform, may be performed by a person authorized to undertake any actions related to the Services on its behalf.

The FundingBox may refuse to create an Account, block, restrict or delete an existing Account if its name is already used in the Platform or if the FundingBox has reasonable, credible information that it is against the law, decency, violates the personal rights of third parties or legitimate interests of the FundingBox.

The User is obliged not to disclose to any third party the access password to the Account and bears sole responsibility for any damage caused as a result of such disclosure. The User is obliged to inform FundingBox about any unauthorized entry or use of its Account.

The User, from its Account, may at any time change and modify the Services used, in particular it may determine the subject matter and scope of the received notifications or digests. The User may completely resign from receiving the notifications or digests, with the exclusion of those required by the law or necessary for the performance of remaining Services, through activation of relevant option in the Account settings.

FundingBox shall not be held liable for managing or administering the Account by the User.

Member can create its Account – functionality of the Account that allows the Member to collect selected information, including information about its business.

Personal data

We collect personal data of Users of our Platform. The collection, use and sharing of your personal data are subject to the Privacy Policy and its updates.

Services

The aim of the Platform is to involve the Users in the creation of and participation in the Open Calls, both through the provision of tools for applying and following of activities within the Platform through e-mail notifications or digests and also creating a business community and establishing contacts between entrepreneurs.

Through the Platform FundingBox shall render the following Services (defined as services rendered by electronic means by the FundingBox pursuant to the Contract and Terms of Service through the Platform):

1. interactive forms available on the Platform website;
2. operating the Account;
3. providing Open Calls;
4. possibility to follow particular Users;
5. using Newstream;
6. search engine for data on the Platform (in particular funding databases and Find Similar option);
7. using https://spaces.FundingBox.com/ service;
8. receiving e-mail notifications or digests pertaining to activities within the Platform.

The User may not sell, resell or lease the Services or its parts unless stated otherwise.

General terms and conditions of services

FundingBox provides these Terms of Service to the User free of charge prior to the conclusion of the Contract by making it available as a separate section on the Platform, as well as – upon User request – in a way which enables obtaining, copying and recording the content of the Terms of Service by means of a informatic system used by the User.

Certain Services may be regulated by dedicated, specific terms of use; using such Services shall be regulated by relevant additional terms. These Terms of Service shall be incorporated into the additional Terms by reference. Such regulations may contain exceptions to these Terms of Service – in such a case the specific terms of use shall prevail and these Terms of Service shall be applied accordingly.

FundingBox render the Platform and the Services available free of charge, with the reservation that use of some functionalities/services might be subject to the payment (for example: setting up an open call). FundingBox will notify the Member in a clear and express manner on the Terms of using such paid services, amount of fee and how to pay it (prior providing such a service).

The User is obliged to comply with the provisions of these Terms of use and Privacy policy, FundingBox provides Services in accordance with them.

It is prohibited to use the Platform in a manner inconsistent with the provisions of these Regulations, applicable laws, good practices or rules of social coexistence. In particular, the User (both Member and Visitor) are obliged to refrain from:

1. providing untrue or outdated information and personal data,
2. publishing or sending unlawful content. In particular, the User may not place materials on the Platform that may violate the rights of third parties or constitute materials that may be used for illegal purposes,
3. publishing advertisements for goods and services and any commercial information not related to the purpose of the Platform,
4. coping, modifying, distributing, transmitting or otherwise using any works and databases made available on the platform, except for using them under fair use,
5. undertaking any activities that may hinder or disrupt the functioning of the Platform and the use of the Platform in a manner inconvenient for the FundingBox or other Users,
6. interfering with the integrity of the content and form of the Platform,
7. using the Platform in a manner contrary to the law, good practices, infringing personal rights of third parties or legitimate interests of the FundingBox.

FundingBox decides on the content of the Platform and the scope of the Services at its sole discretion, in particular it reserves the right to close particular Open Call earlier or stop providing some Services. If the User does not accept amendments, it may at any time terminate any Agreement for provision of services by electronic means.

Furthermore, FundingBox reserves the right to:

1. 1. assign any rights to the Platform or to close the Platform or part of it without a consent and notification of the User,
   2. post-stop service provision due to maintenance or modification of the Platform,
   3. send technical, legal and transaction messages related to the functioning of the Services,
   4. refuse to provide the Services if the User is violating these Terms,
   5. modify the Services, tools and the way the Platform is operated,
   6. cease to provide the Services,
   7. delete of any User data and to take all other legally authorized activities related to the Platform, for which the User will not be entitled to any claims against the FundingBox.

Technical conditions

In order to enjoy the functionalities of the Platform, the User shall satisfy the following minimum technical conditions:

1. 1. a device with the Internet access which enables displaying the Platform interface,
   2. an installed and updated Internet browser: Microsoft Internet Explorer 8.0 or higher, Mozilla Firefox 20.0 or higher, Apple Safari 4.0 or higher and Google Chrome 23.0 or higher,
   3. an active and valid email account,
   4. enabled Javascript and Cookies support.

The FundingBox stipulates that using the Platform may involve standard risk related to the use of the Internet and recommends that Users take appropriate steps to minimize them.

In order to use the Services and receive the email notifications or digests with information pertaining to activity within the Platform (for example new Open Call, expert session, special event), the User shall create an Account. E-mail provided while creating an Account is the one to which the above mentioned notifications will be sent. The e-mail address is inextricably linked to the Account and is the main form of the User’s identification with the FundingBox and will be used for all correspondence between the FundingBox and the User related to the provision of the Services.

FundingBox reserves the right to perform maintenance or repair works of the Platform, as well as to update its functionalities at any time without notification to the Users. In such cases, the access to the Platform may be hindered for a period not longer than 72 hours. Performing such actions or updates shall not constitute an infringement of these Terms and conditions or the Contract.

Intellectual property rights and right of the third parties

FundingBox Platform allows sending messages and sharing of information in various ways (on your Profile, spaces, adding links and articles and other activities). Information and content that you share or post may be seen by other Users. You are free to choose who can see this content to the extent that appropriate settings are available.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

The User agrees to provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). FundingBox may be required by law to remove certain information or content.

The User, sharing materials on the Platform, in particular in the form of graphics, pictures, movies or descriptions, grants to the FundingBox and its affiliates an unlimited, with regard to territory and time, free of charge, non-exclusive license, with the right of sublicensing,  permitting the use of Works in the following fields of exploitation, including in particular: recording, copying, performing in public, displaying, playing, broadcasting and publishing them in such a way that they are available to anyone at any discretionary place and time, in particular, in order to promote the operation of the Platform. The User authorize FundingBox free of charge to place on the Platform its name or trademark, or name or trademark of the Company, Open Call or project provided by it, in the scope necessary to determine the circumstances of using the Platform by the User in the information and promotional materials. Above authorization is effective upon sending this content to the Platform, in a way not limited with regard to territory and time.

The User may not publish any elements of the Platform, as well as materials provided on the Platform, to which he/she does not hold right, without the prior written consent of the FundingBox. The Users shall not have the right to record and copy the Platform on any storage carrier.

Advertising

FundingBox sends marketing information concerning Projects it implements. The User is free to choose if it wants to receive such communication.

FundingBox does not show commercial ads ordered by third parties and does not collect data in such a purpose.

Open Calls

Open Call is a Service which consists of a separate part of the Platform and allows to design, launch and conduct a competition for the Users. Open Call allows submitting projects by the Members for competitions provided by the Accelerators. Open Call tool might also be used to collect data, run enquires, manage processes, conduct surveys.

Open Call tool is available for third parties upon request and on the separate agreement. Member that runs Open Call is called Organizer. The payment for using the Open Call service is specified in the price list. The price list is available at the request.

The Organizer of the Open Call shall independently establish individual terms and conditions regulating participation of the third parties in this Open Call, provided that they do not violate this Terms of Service. The Organizer may place on the Platform only such Open Calls, which it is able to execute and to which they have legal title.

Creating Open Calls, the Organizer undertakes to provide and conduct it in a just and fair manner, in compliance with the rules of social co-existence and the Terms of Service. The activity of the Organizer providing an Open Call may not infringe in such a case any rights of third persons or encourage to infringe such rights or participate in illegal undertakings.

Organizer of the Open Call is Controller of the Data collected through it and is responsible for them. FundingBox is its processor. The application form is sent directly to the Account of the Organizer who provides the Open Call, and shall not be verified by FundingBox.

FundingBox might be Organizer of the Open Call.

Provision of Open Calls pertaining to services or manufacture related to illegal drugs, narcotics, tobacco, medical substances, medicines, weapons, materials with pornographic content and other materials, shall be prohibited, if FundingBox states that their execution may pose a threat to life or health, or be in contrary to the concept of the Platform operation, legal provisions or good practices. At the same time, FundingBox shall not be obliged to continuously monitor the content of Open Calls and applications of the Users for particular Open Call. The liability for an Open Call shall lie on the side of the Organizer conducting it.

Spaces

Spaces is the platform that allows building customizable community with a very easy to use the software. User can choose and decide how and under what shape it wants to build its community.

The basic functionality is a live chat, ‘Spaces’, where User can connect with the other Users by one to one chats or private direct messaging groups between a few members.

Platform allows to create a community that User can fully set up:

1. Change the URL, the tag or description;
2. Invite people to your community and give them a  different level of access (roles);
3. Choose the background image and a logo;
4. Edit the spaces you already got or create new ones;
5. Select the ‘Collections’ you want to use for the community;

The Collections are the Crowd Knowledge Base tools. Communities are built by crowds and User needs to empower them. For that, User has different sections that it can activate if necessary:

1. Articles: to feed the community with interesting content;
2. Announcements: to make sure that community does not miss anything important that is happening;
3. Events: to check the calendar;
4. Showcase: to highlight properly what is relevant for the community;
5. Threads: to follow discussions based on topics and chats, as in a forum;
6. Files: to use it as a drive or cloud to save important documents.

Communities are a source of inspiration.

Member who creates Community is responsible for its content and its compliance with this Terms of Services. It may create separate regulations relevant for such Community. Such regulations must be coherent with these Terms.

We also provide access to two more tools: a ‘Directory’ and ‘Matchmaking’, where every user can ask for a connection with other users and where profiles of interest are suggested to you.

Liability

FundingBox shall provide IT infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and the Services. FundingBox shall not grant in particular any guarantees for quality of the Services or effectiveness of Open Calls, or any other, express or implied, guarantees in the scope of the Platform operation.

FundingBox shall not be held liable for any liabilities of third parties using the Platform either the Organizer against the Users participating in its Open Call, or the Users against the Organizer.

The Member bears the exclusive liability for the actions resulting from operating its Account, in particular it bears the exclusive liability for the entire set of data and materials shared, published or sent on or to the Platform, as well as for consequences of such actions.

The User bears exclusive liability for any possible claims of third persons within the scope of User’s activity on the Platform, in particular with the content shared and processed by the User on the Platform, whereby the User undertakes to discharge FundingBox from any liability on that account.

FundingBox shall not be held liable for any damage resulting from the operation of the Platform related to circumstances remaining beyond its control, and shall not be held liable for any damage related to:

1. any acts or omissions of the Users or third persons, in particular infringing the provisions of the Terms of Service;
2. subject and provision of Open Calls;
3. lack of access to the Platform resulting from reasons attributable to the User of third persons;
4. disclosure by the User of the username or password for his/her Account to third persons;
5. the activity of malware illegally provided to the Platform by a User or third persons.

FundingBox shall not bear any liability against the User for damage caused by the unintentional fault and shall be liable for the damage only to the extent of actual losses incurred by the User being not a consumer.

FundingBox does not verify links shared by the Users on the Platform and shall not be held liable for the content of websites connected in such a way with the Platform. The User uses such websites at its own risk.

The FundingBox shall not be held liable for satisfaction by the User of any tax liabilities or any other duties of public and legal nature to which it is subject.

The FundingBox shall not be liable to the User breaching the Terms for any damage caused as a result of ceasing to provide Services to them, including as a result of removing the Account.

Reporting infringements and complaints

The User who has noticed data of unlawful nature, in particular infringing copyrights and good manners, shared on the Platform, should immediately notify FundingBox on such fact at the e-mail address info@fundingbox.com . If FundingBox receives reliable information on unlawful nature of data or activity related to them, then the FundingBox shall immediately prevent access to such data, but first shall notify the User who has placed such data on the Platform on its intent to prevent the access to them. In such cases, FundingBox shall not be held liable against the Users for any damage resulting from preventing the access to such data.

If your rights have been violated or threatened by any User of our Platform please inform us about is immediately at the e-mail address info@fundingbox.com or privacy@funidgbox.com.

The User has the right to file a complaint concerning operation of the Platform. The complaint should include at least details enabling identification of the User (first and last name, address for correspondence, optionally telephone number) and state reservations and comments concerning the Platform or the Services and the circumstances justifying these reservations and comments. The complaint shall be sent at the e-mail address info@fundingbox.com or at the address of the registered office of FundingBox as stated at the beginning. If the complaint needs to be complemented, then FundingBox shall request the complaining person to make the complaint more specific.

FundingBox shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint if it had been filed correctly. The User shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.

Contact

The User can contact the FundingBox in all matters related to the Platform in writing to the address provided at the beginning or by e-mail to the following address: info@fundingbox.com and privacy@fundingbox.com

Termination of the Contract

This Contract may be terminated by each of the parties at any time without providing reasons, in the manner as specified in these Terms of Service or in specific provisions of the Terms of Service.

The User may terminate the Contract at any time without cause, by submitting such a declaration of will by FundingBox, also via e-mail to the address privacy@fundingbox.com (with the reservation that it must be an e-mail address, the Account has been registered for). The denunciation shall take effect upon receipt of such a declaration by FundingBox. The User may also delete its Account at any time without giving a reason, which is tantamount to termination of the Contract.

In the event of a breach of the provisions of these Terms, legal regulations or otherwise affecting the legally protected property, FundingBox reserves the right to block the Account, and in the event of particularly gross violations – irreversible delete the Account. Blocking an Account may be at FundingBox’s discretion for a specified period or until revocation. Removal of the Account is termination of the Agreement. The User will be notified by the FundingBox via e-mail about the fact of blocking or deleting the Account.

Final provision

FundingBox reserves the right to modify this Contract and our Policies. The amendments shall become effective upon the lapse of 7 (seven) days from the date of their publishing on the Platform website. If we make material changes in the Terms, we will provide you notice through email, to give you the opportunity to review the changes.  If the Member fails to terminate the Agreement within the said period, then it shall be assumed that it has accepted the amendments.

Open Calls initiated prior to the effective date of amended Terms of Service shall be operated under to-date terms and conditions.

Should any of the provisions of the Terms of Service be deemed invalid, illegal or unenforceable, then validity of the remaining part of the Terms of Service shall remain intact.

Platform official language is English. All documents are provided in English. All request and complaints should also be in English. To the extent allowed by law, the English language version of this Contract is binding and possible translations are for convenience only. This Contract (including additional policies and terms for services) is the only agreement between us regarding the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that FundingBox has waived its right to enforce this Contract.

User may not assign or transfer this Contract (or your membership or use of Services) to anyone without FundingBox prior written consent. However, you agree that FundingBox may assign this Contract to its affiliates or a party that buys it without your consent.

To any matters not specified in these Terms of Service, relevant provisions of the Polish law shall apply. Polish law is also the governing law for liabilities resulting from the Contract and the Terms of Service. EU law applies as far as the protection of personal data is concerned.

The parties shall attempt to settle any dispute resulting from performance of the provisions of these Terms of Service in an amicable way. In the absence of agreement, disputes shall be settled by the common court having jurisdiction over the registered office of FundingBox.

These Terms of Service shall be effective as of: September 24, 2018.