Terms of Service
Last updated 03.09.2020
Introduction
Welcome to AngelReporting, operated by AngelDesk GmbH (hereinafter “AngelDesk”, “we”, “us”, or other forms thereof). The following terms of service (hereinafter “Terms of Service” or “Terms”) govern access to and use of any website, application, features, content, functionality and services provided on or through angelreporting.com and/or angeldesk.io, including any subdomains by AngelDesk GmbH (Gehrenstr. 6, 44149 Dortmund, Germany).
Please read the Terms of Service carefully before you start to use the Site or our services. By accepting the Terms of Service and our Privacy Policy when asked explicitly, you agree to be bound by these Terms of Service. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site or service.
The words “you”, “your” and “user” or other forms thereof refer to you as the party agreeing to these Terms as a user of the provided services (see “Service offered” below). 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 Service provided.
Service offered
AngelDesk offers services, applications, features, content, and functionality for information and data collection, sharing, analyzing, and communication for investors, founders, startups/companies, and other stakeholders (hereinafter the “Service”).
License
We grant you a nonexclusive, nontransferable, limited license during the term of this license to access and use the Service provided by AngelDesk for your own business purposes only, subject to the terms and conditions stated in this agreement, including the payment of applicable fees.
Purchasing, Fees and Payment
Free plans / Free accounts
We may offer you certain features, or a limited version of the Service at no cost (“Free account”). Especially – but not limited to – a limited number of startups/companies to receive, view and analyse information from is available at no cost for the investor. Moreover, startups/companies can use the Service free of charge to send information to investors and other related features attached.
Paid plans / paid accounts
To have access to all available features of the Service, especially – but not limited to – having a higher or no limit of startups/companies in the investment portfolio – requires a manual upgrade by you. To upgrade your account, you must pay fees according to our pricing plan or an individual contract (hereinafter “Paid account”). We do not automatically upgrade your account to a (higher level) paid plan, but instead restrict access to and/or the use of the Service.
In case we do not receive a due payment by you on time, we are entitled to terminate this agreement, and/or suspend access to your account, or features of the Service with immediate effect.
You are responsible for providing correct and truthful billing information to us. Providing false or inaccurate information to us may result in restricting access to the Service, cancellation of your purchase or termination of this agreement. We reserve the right to refuse or cancel an order for any reason.
Renewal and termination of paid plans
Paid accounts are automatically renewed until termination (“Subscription”). Terminating the account according to the Terms to avoid renewal of the Paid account is solely your responsibility. You can terminate your Paid account at any time with a 2 weeks prior written notice before the end of your next regular billing cycle. Refunds or earlier terminations then specified in the Terms are not granted at any point, other than lawfully required refunds.
Prices and changes in fees
All shown prices on our website and Service are net, exclusive of value-added-tax. You are responsible for paying applicable taxes. If we are required to charge taxes, we will charge you with these accordingly. In case of changes in our fees we will inform you with prior written notice and give you the opportunity to terminate your subscription before the change becomes effective.
Your account and information
Your account
To use our Service, you must register for an account and will select or receive a username or identifier such as your Email address or identifying number and a password (“Credentials”). You are responsible for safeguarding your Credentials. Moreover, you are responsible for any activity occurring through your personal Credentials, whether authorized by you or not. Your account may not be shared and may only be used by one individual per account.
Your information
You are required to provide us with accurate and complete information required to register for and to continuously use our Service. You agree to provide current, complete, accurate and true information. You must always keep this information up to date. We may request additional information and data from you.
To use our Service, you agree that we have to use, modify, reproduce, distribute, display, publish and process your personal information or data related to your account between our users for the purpose of providing the Service. Your permission to process your information and data extends to our affiliates and trusted third parties we work with.
In addition to distributing information and data between users, we may generate aggregated data from all Users’ data and information in an anonymized way, without any personally identifiable information. We may use and disclose this aggregated and anonymized data especially for – but not limited to – statistics, improvement of the Service, marketing, advertising, and new services – however, we will only do so with the explicit consent (opt-in) of the user which can be granted and revoked by the user at any time.
You agree that we may send you information regarding our Service via any communication channel (e.g. Email). You acknowledge that we are not liable for any consequences arising from your failure to maintain accurate contact and other information.
Termination of your account and service
We reserve all rights to terminate any and/or all access to the Service provided to you and to terminate or deactivate your account at any time without further notice for any reason. Moreover, we reserve the right to discontinue, alter, or modify, any service, functionality, or part of the Service without notice and without liability at any time. We are not liable to you or any third party if we terminate the Service, access to your account, access to information and data, or discontinuation, modifications of parts of the Service. You agree to hold us harmless and indemnify us from any third-party claims arising from these actions. If not required by law, we will not grant refunds or any compensation to you if we terminate your account, the service, or modify parts of the Service.
Your responsibilities
Providing information, data, and material
You are solely responsible for all information, data, and material you upload, enter, or provide to us for storing, processing, and/or distributing, especially – but not limited to – ensuring accuracy, quality, integrity, legality and intellectual property ownership. You shall be solely responsible for any damages resulting from provision of these information, data, and material, and for obtaining all rights from their owners or licensors of these. We do not own, nor are we taking responsibility for any of the aforementioned information, data, and material.
Interactions with other users
All interaction, whether passively or actively, with other users of the Service and possible consequences are solely your responsibility, especially – but not limited to – taking care of confidentiality and sharing information only with trusted and known individuals. We reserve the right, but have no obligation, to monitor any disputes between users. We are not liable for any of our user’s action or inaction. We do not guarantee the correctness of information and data provided by users to other users, nor do we conduct background checks on users. You acknowledge that all of your information, data and content provided to us or our Service does not violate or infringe any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right.
Using the Service
You agree to not claim a relationship with or speak for any other individual, business, association, or organization for which you are not authorized to do so. Moreover, you must not impersonate other individuals, business, association, or organization. In addition, you agree to (a) not enter and/or distribute any information, data, or material that is unlawful, threatening, harassing, libelous, abusive, tortious, offensive, harmful, defamatory, obscene, profane, pornographic or otherwise harmful; (b) comply with applicable laws; (c) commit criminal offense or encourage others to do so; (d) enter and/or distribute any content that contains a software virus or any other potentially harmful, damaging, altering, or interrupting code, files, or programs towards the Service and/or other individuals; (e) not to sell, trade, or transfer your account, any access to your account, any rights associated with your account, or any other information or data entered to or acquired through the Service to another party.
Third party applications
We may use third party applications, systems, infrastructure, content, websites, hardware, software, and services which are not owned or controlled by us to provide the Service to you (“Third party” or “Third parties” collectively). For these purposes we transmit certain data, including – but not limited – credentials, contact data, and other personal information. Content or services provided by Third parties may be governed by terms and conditions and privacy policies of these Third parties. Therewith, your use of third-party content or services are subject to such terms and conditions and privacy policies. You agree to relieve us from all liability arising from your use of any third-party application, system, infrastructure, content, website, hardware, software, and service.
We do not endorse or are in any form responsible or liable for the content, information, websites, materials, products, or services provided by Third parties, especially in the forms of – but limited to – performance, design, features, content, and functions. If you access third party websites from the Service, you do so at your own risk.
Promotions
We may perform promotions and advertising campaigns on behalf of ourselves or on behalf of third parties within our Services and/or site. Your participation or resulting business dealings with these third parties within our Service, including payment, delivery of products and services, exchange, any other terms, conditions, warranties or representations associated with these participation are solely between you and these third parties. We are not responsible or liable for any consequences resulting from these dealings with third party advertisers or the result of the presence of such third party advertisers within our Service, including – but not limited to – any sort of loss and damage resulting from such dealings.
Eligibility and access
We reserve the right to refuse to offer the Service to any person or entity or eligibility criteria at our sole discretion at any time. You acknowledge that our Service is only available for users who are at least eighteen (18) years of age or older and are considered to be of legal age to conduct business on their own under their respective local law.
Protection of platform
You acknowledge that the Service, including – but not limited to – provided functionality, content, and materials are protected by copyrights which is owned by us or used by permission (“Intellectual property”). Unless explicitly authorized in writing, you agree not to sell, license, modify, distribute, copy, reproduce, display, or otherwise publish of our Intellectual property. You agree not to copy, store, modify, or alter information and Intellectual property provided with our Service without our explicit written permission.
Disclaimer
Your use of our Service is at your sole risk unless otherwise explicitly stated. Our Service is provided “as is”, “as available” and “with all faults” basis without warranties, representations or conditions of any kind. We do not make any warranties, representations, or conditions about the Service, including – but not limited to – quality, availability, reliability, accuracy, security, completeness, or currency of the Service. Moreover, we are not responsible or liable for any errors, problems, inaccuracies, deletion, corrections, damage, loss of the Service or information and data provided by you.
Our Service may be limited to certain functionalities that may not fulfill all your reporting and business requirements. We do not guarantee that our Service is fulfilling all your reporting and business requirements. While we offer a defined reporting framework within our Service, you are responsible to establish and maintain all necessary communication between investors, startups/companies and other stakeholders for yourself, including – but not limited to – distribution of information and data, frequency or currency of exchange, or other formal/informal communication, irrespectively of our Service.
Other terms
Any dispute, controversy or claim arising from, relating to, or touching upon this Terms and/or the subject-matter hereof, shall exclusively be construed under and governed by the law of Germany. Any dispute arising out of or related to this Agreement or the subject-matter hereof, shall exclusively be brought or commenced, if at all, only in the Commercial Court of Dortmund. By accessing and using our Service, you (and any person or entity on whose behalf you act) hereby agree to consent to the exclusive jurisdiction of the Commercial Court of Dortmund.
If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.