Founders Associate – Terms of Service

Last Updated: December 8, 2024

Welcome to the Founders Associate’s Database, operated by Founders Associate Global Ltd. (referred to herein as “FA” or “We,” “Us,” or other forms thereof). The Founders Associate’s Database (defined below) includes access to data, information, and other content and applications on our website, software, and technology to help You enhance Your professional business updates.

THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND FOUNDERS ASSOCIATE GLOBAL LTD.

PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THE VISIBLE PLATFORM (DEFINED BELOW). BY USING THE FA DATABASE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACCESS OR USE THE FA DATABASE.

If You are entering into this Agreement on behalf of a company, business or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not use the FA Database.

We reserve the right to modify this Agreement at any time. All changes will be effective immediately upon posting to the FA Database. By accessing or using the FA Database after changes are posted you agree to those changes. Material changes will be conspicuously posted to the FA Database or otherwise communicated to you.

1. Definitions

  • “Information” means the records, data, and other information submitted by You to the FA Database, including, without limitation, investor updates, , fundraising information, and contact details.

  • “FA DATABASE” means the FA site (at https://www.foundersassociate.com), including all websites and all devices, applications or services that We operate or offer that link to these Terms of Service, pages within each such website, device, application or service, any equivalent, mirror, replacement, substitute or backup website, device, application or service, and pages that are associated with each such website, device, application or service, and any know-how, processes, methodologies, specifications, designs, inventions, functionality, graphics, techniques, methods, applications, computer programs, user manuals, on-line documentation, products or other technology and materials of any kind, or any enhancement thereto, used by Visible in connection with the Visible portal or made available by FA to You, through the FA Database.

2. License Grant

Subject to the terms and conditions of this Agreement, including the payment of any applicable fees, FA hereby grants to You a revocable, nonexclusive, nontransferable, unlimited access to use the FA Database for Your internal business purposes only and in accordance with the terms of this Agreement.

The FA Database is made available to You as a hosted service, and FA hosts and retains physical control over the FA Database and only makes it available for access and use by You over the Internet through a Web-browser (e.g., Google Chrome, Internet Explorer). Nothing in this Agreement obligates FA to deliver or make available any copies of computer programs or code from the FA Database to You, whether in object code or source code form.

You shall be responsible for obtaining and purchasing all equipment, Internet access services, modifying its network, and doing all other things necessary in order to use the FA Database.

3. Purchasing and Cancellation

Lifetime access to FA Database is provided to You after a one-time payment, meaning as long as the service is supported by Founders Associate Global Ltd.

You may purchase services and access to the FA Database either online or through the use of an order form, depending on the type and level of service/access you are purchasing from us. You represent and warrant that You have all necessary rights to use any payment card (e.g., credit card) or other means of payment that You provide to Us.

By confirming your purchase at the end of the checkout process, You agree to accept and pay for any services, products, or access to the FA Database, as well as all applicable taxes.

You may cancel your lifetime access up to 30 days after purchase if you are unsatisfied with the service, and we will give you full refund on your purchase. .

5. Your FA Account

To use the FA Database, You must register for an account, and will either select or will be issued a username or similar identifier such as a unique number and password or pin (“Login Credentials”). You are responsible for safeguarding Your Login Credentials. You, and not Visible, are responsible for any activity occurring through Your Login Credentials, whether or not You authorized such activity. If You become aware of any unauthorised access through Your Login Credentials, You agree to notify FA immediately. Your Login Credentials may not be shared and may only be used by You.

You shall authorize access to and assign unique passwords and user names to Your end users of the FA Database (“Client Accounts”). You shall be responsible for any activity occurring through the Client Accounts, including unauthorized activity. You shall use commercially reasonable efforts to prevent unauthorized access to or use of the FA Database and shall promptly notify Us in the event of any unauthorised access or use of the FA Database and any loss or theft or unauthorised use of any of the Client Accounts. You shall comply with all applicable local, state, federal, and foreign laws, treaties, and regulations applicable to Your use of the FA Database, including without limitation those related to privacy, electronic communications, and anti-spam legislation.

6. Proper Use of the FA Database

Certain parts of the FA Database may enable You to provide Information to the FA Database. You shall not upload or transmit to the FA Database any copyrighted or other proprietary materials without permission from the owner or any licensee with authorization to allow public display of such material and such other rights as are necessary to use the materials as they are used with the FA Database. You shall be solely responsible for any damages resulting from provision of these materials, and for obtaining all rights from their owners or licensors.

By using the FA Database, You further agree that:

  • You will use the FA Database in strict accordance with all terms and conditions of this Agreement;

  • You will comply with and refrain from violating applicable laws, including, but not limited international, federal, state or local privacy laws;

  • You will not post or transmit any content that is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, or otherwise objectionable content;

  • You will not use the FA Database to commit a criminal offense or to encourage others to conduct what would constitute a criminal offense or give rise to any civil liability;

  • You will not use the FA Database to impersonate other persons or entities;

  • You will not use the FA Database to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the FA Database or the hardware or software of any other person or entity;

  • You will not post any material on the FA Database that infringes or violates the intellectual property rights of another;

  • You will not alter, damage, or delete any content posted on the FA Database;

  • You will not claim a relationship with or speak for any business, association, or other organization for which You are not authorized to claim such a relationship;

  • You will not post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation; and

  • You will not post any Information which You know to be, or have reason to believe is, inaccurate or materially misleading.

  • You are prohibited from selling, trading or otherwise transferring Your FA Database account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of the FA Database, or any information therein.

  • You are prohibited from registering or creating an account for any entity or individual other than Yourself, unless You are expressly authorized to create accounts on behalf of the entity or individual.

7. Third Party Applications

From time to time, FA uses third party applications, content, websites, hardware, software, and services (the “Third Party Applications”), in providing the FA Database and services to You. Solely for these purposes, Visible will transmit certain data, including, but not limited to, user Login Credentials, contact data, email addresses, and other Personal Data to such Third Party Applications. We do not sell Personal Data to Third Party Applications.

The Third Party Applications may be governed by the terms and conditions of use and privacy policies of the third party providers thereof, and Your use of the Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You agree to abide by the terms and conditions of use and privacy policies of such Third Party Applications. You understand and agree that Visible does not endorse and is not responsible or liable for the performance, design, function, features, or content of any Third Party Applications or for any transaction You may enter into with the provider of any such Third Party Applications. FA hereby disclaims all liability for Your use of and any causes of action, losses, costs or other claims You may have relating to any such Third Party Applications.

8. Protection of the FA Database

You acknowledge that the FA Database, and the materials and functionally available within the FA Database, are protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and are owned by Visible or its licensors. Except as FA may expressly authorise in writing, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the FA Database. All trademarks used within the FA Database are the proprietary property of their respective owners and are used by permission. As between You and Visible, You own all Information that you submit or post to the FA Database. You hereby grant to Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Information for the purpose of providing the FA Database and related services

9. Ownership and Processing of Personal Data

Visible offers functionality within the FA Database that will include the ability to provide us with Personal Data.

You represent and warrant that You have all necessary rights in, and obtained all necessary consents to, any Personal Data You share with FA or submit, transmit, store, via the FA Database, and to grant FA the rights granted under this Agreement.

Notwithstanding anything to the contrary in the Agreement, FA may collect Benchmark Data and such Benchmark Data shall be the property of Visible. Visible shall have the right to use Benchmark Data to develop modifications, improvements, and enhancements to the FA Database.

10. Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOUR USE OF THE FA DATABASE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE FA DATABASE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. FA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED CONDITION OR WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE VISIBLE PLATFORM, ANY CONTENT ON THE FA DATABASE OR ANY THIRD PARTY APPLICATIONS.

FA MAKES NO WARRANTY OR REPRESENTATION THAT: (A) FA DATABASE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FA DATABASE WILL BE ACCURATE OR RELIABLE OR ACHIEVE ANY PARTICULAR RESULT; (C) YOUR USE OF THE FA DATABASE, OR THE QUALITY OF ANY PRODUCTS, APPLICATIONS, VISIBLE PLATFORM CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE FA DATABASE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE FA DATABASE WILL BE CORRECTED. IN PARTICULAR, THE FA DATABASE OPERATION MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITS OF LIABILITY SET FORTH HEREIN, FA SPECIFICALLY DISCLAIMS ALL LIABILITY CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONALITY, FAILURE OF ACCESS, OR POOR USE CONDITIONS OF THE FA DATABASE FOR ANY REASON.

YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM USING THE FA DATABASE.

FA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS LOGGING INTO OR REGISTERING TO USE THE FA DATABASE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE FA DATABASE BY OTHER USERS; THEREFORE, FA DISCLAIMS ALL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF INACCURATE INFORMATION, FRAUD, NEGLIGENCE, OR WILFUL MISCONDUCT THROUGH THE FA DATABASE, OR ANY OTHER INAPPROPRIATE USES OF THE FA DATABASE.

11. Amendments; Waiver

Except as provided herein, no supplement, modification, or amendment of this Agreement will be binding, unless executed in writing by a duly authorized representative of each party to this Agreement.

No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by You will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement will be for administrative purposes only and will have no legal effect.

12. Time Limit to Bring Claims

To the extent permitted by applicable law, all claims against FA or the FA Parties arising out of this Agreement shall be filed within one (1) year of the date on which the event(s) first giving rise to the claim arose, and any claims not brought within such one-year limits shall be permanently barred.