Terms of Service
- These Terms of Service apply to the use of Dealroom.co (as defined below). By using Dealroom.co, you agree to the Terms of Service. If you do not wish to agree on them, you cannot use Dealroom.co
- Dealroom.co B.V., (hereinafter “Dealroom”) is a company with limited liability being established and existing under the laws of The Netherlands, having its registered office at Herengracht 454, 1017 CA Amsterdam, and active on www.dealroom.co
- We advise you to read these Terms of Service carefully so that you are aware of your rights and obligations when using Dealroom.co.
- Dealroom has developed a website which is an online database of technology companies and investors (hereinafter “Content”). The service of Dealroom.co consists of making the Content accessible through the Website in the form of Content as a Service under the name Dealroom.co (hereinafter “Dealroom.co”). You obtain access to Dealroom.co through your Account (hereinafter “Account”).
- If you you comply in full with all obligations pursuant to these Terms of Service, Dealroom will grant you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to use Dealroom.co, including the Content.
- These Terms of Service apply, to the exclusion of your terms of conditions, to all agreements between you and Dealroom and every use made of Dealroom.co via your Account.
- Dealroom may, at all times, amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on the Website. Continued use of Dealroom.co after any such changes shall constitute your consent to the changes.
- Additions to and/or deviations from these Terms of Service are only valid when confirmed in writing by Dealroom.
3. Service and Availability
- To the best of its ability, Dealroom will make efforts to provide Dealroom.co with due care. Dealroom may use subcontractors or third party licensors to provide Dealroom.co.
- Each and every use of Dealroom.co is for your own risk and responsibility. You accept that Dealroom.co, including the Content, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”).
- Dealroom.co is at all times entitled, without prior announcement and without in any becoming liable to you:
– to make procedural and technical alterations and/or improvements to the Content and/or Dealroom.co and
– to (temporarily or permanently) discontinue, limit or terminate Dealroom.co or your Account. Dealroom will notify you of the temporary unavailability or restricted use of Dealroom.co insofar as reasonably possible.
4. Account and Subscriptions
- To use Dealroom.co, you must create an Account by following the registration process on the Website. You warrant that all information you provide to Dealroom.co, including the information you provide during registration is accurate, complete and up-to-date at any time. You warrant that you have reached the age of 16 years, or that you have permission of your parent and/or guardian to create an Account.
- Upon registration of the Account you receive and/or create identifiers in order to obtain access to the Account. You are responsible for keeping the identifiers secret. As soon as you know or have reason to suspect that the identifiers are no longer secret, or that the Account is being abused, you must notify Dealroom.co immediately and take all necessary steps to prevent unauthorised access. Dealroom.co is not liable for any loss or damage of unauthorised access or use of your Account.
- A User must obtain personal identifiers to access to the Account of a Customer. The Customer is the person or legal entity that has a subscription for the use of Dealroom.co by a set number of Users. Separate identifiers may be created for as many Users as Customer’s plan allows.
- If the subscription of the Customer terminates, for whatever reason, User’s right to access and/or use Dealroom.co will be terminated automatically.
- It is not permitted to:
– create more than one (1) free Account.
– create an Account for another natural person or legal entity.
– provide access to the Account to another natural person or legal entity.
– create more identifiers for Users to Customer’s Account than licensed by Dealroom.co.
– create an Account by “bot” or any other automated method, Account creation is solely permitted to humans.
5. Your Obligations
- You may not resell, distribute, or in any other way make profit using the Content of Dealroom.co.
- You are not permitted to use Dealroom.co for a purpose as listed below or make content – including all information, data or material
(hereinafter “Content”) – available: which, at the discretion of Dealroom.co, is discriminating or is otherwise deemed hurtful, offensive or inappropriate;
– in which personal data is made available, other than in compliance with applicable law;
– which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical protection measures of Dealroom.co, the Content and/or the computer systems of Dealroom.co;
– which infringes the rights of Dealroom.co and/or third parties, including but not limited to IP-rights or rights concerning the protection of privacy;
– which qualifies as or transmits unwanted or unsolicited material or content (spam);
– is contrary to these Terms of Service or any applicable laws or regulations, is in any other manner unlawful or which could prejudice the interests and reputation of Dealroom.co.
- Dealroom reserves the right, without prior notice, to abridge, alter, refuse and/or remove Content if this is necessary in Dealroom’s opinion, without this resulting in any liability.
- If payment for premium accounts or other Dealroom.co services has been agreed to by the Customer, the Customer shall pay said agreed-upon charges.
- All fees are in Euros and/or USD and do not include taxes, levies, or duties imposed by taxing authorities.
- Dealroom.co is entitled to change its pricing structure, charges to Dealroom.co users, and resulting fees at any time, without becoming liable to any Customers, and will inform existing premium Customers of such changes if such changes directly affect the paying Customer. If you do not agree with the changes of charges you may terminate your Account in writing within thirty (30) days after the notification as of the date on which the adjustment would take effect.
- An upgrade from the free plan to any paying plan will immediately trigger the paying obligations of this article.
- Complaints regarding Dealroom or the invoice do not suspend your payment obligation.
- If you fail to provide full and timely payments, Dealroom has the right to immediately suspend your access to Dealroom.co.
- Dealroom.co is provided on a non-refundable basis by default. Unless explicitly agreed otherwise, there will be no refunds or credits for partial months of Dealroom.co, refunds for the upgrade or downgrade of the number of users, refunds for months of license to Dealroom.co unused with an activated Account or for unauthorised use of an Account.
- Any Customer who disputes a credit card payment that is found to be valid will be permanently banned from using Dealroom.co.
8. Intellectual Property Rights
- Dealroom.co’s intellectual property rights – including but not limited to copyrights, database rights, tradename rights, and the Content (hereinafter “IP rights”) – are held by Dealroom.co or its licensors. Nothing in the Terms of Service is intended to or shall transfer any of Dealroom.co’s IP rights to you.
- You retain all IP rights to the content you provide directly to Dealroom.co. However, by making available or uploading Content to Dealroom.co you automatically grant Dealroom.co a cost-free, worldwide, sub-licensable and transferrable right to use this Content insofar as is related to Dealroom.co.
- You warrant that you hold all the rights relating to the Content and fully indemnify Dealroom.co of any infringement claims regarding the Content.
- Save to the extent that it is allowed by mandatory statutory law, you may not reproduce or decompile the Content or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of Dealroom.co and/or the Content is not allowed.
9. Term and Termination
- Your Account is for an indefinite period of time. You can terminate your Account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation.
- If you are a paying Subscriber, you must give thirty (30) days notice of your intent to terminate.
- In the event the Account is terminated, there will be no reversal of that which Dealroom.co has already delivered nor the related obligation to make payment. You will not receive any refunds as a result of termination.
- Upon termination of the Account, Dealroom.co shall immediately make the Account inaccessible to you. Dealroom.co may delete the Content saved into the system and has no obligation to restore the Content or assist in any data conversion.
- Dealroom.co may, without prior notice and without becoming liable to you, terminate your Account with immediate effect if:
– you do not fulfil your payment obligations; or
– you in any way violate these Terms of Service.
- Dealroom does not accept any liability for damages resulting from an attributable failure in the performance of Dealroom.co and/or on account of an unlawful act or otherwise, where this is permitted under mandatory law.
- If Dealroom is liable for damage on whatever ground, Dealroom shall be liable solely for direct damage suffered by you up to an amount not exceeding that of your payments to Dealroom.co in the three (3) months preceding the event that caused the damage.
- Any liability on Dealroom’s part for indirect loss, including but not limited to consequential loss, loss and/or damage of data, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
- The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Dealroom.co or its managers (“own actions”).
- No right to damages shall exist unless you notify Dealroom.co in writing of the damage promptly after it has arisen. Any claim for damages against Dealroom.co shall become extinguished by the mere lapse of one (1) month after the claim has come into being.
- Dealroom is released from all contractual obligations and liability (e.g. for damages) if Dealroom’s performance is prevented or effected by force majeure or force majeure of Dealroom’s subcontractor.
11. Warranties and Indemnifications
- The enumerations of guarantees and indemnifications in this article are not exhaustive.
- Dealroom.co does not guarantee:
– Dealroom.co’s fitness for a particular purpose or that Dealroom.co shall meet any of your requirements;
– that Dealroom.co shall be available to you at all times and without interruptions or disturbances;
– that the results of Dealroom.co are accurate, up to date or complete; or
– that Dealroom.co does not infringe the (IP) rights of you or a third party;
- Dealroom.co is not responsible for:
– the purchase and/or the proper operation of your infrastructure;
– loss, damage, inaccuracy and/or incompleteness of any Content.
– transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet;
– any unauthorised use or attempted use of Dealroom.co;
– making backup copies of any Content; or
– the management, including checking the settings, the use of Dealroom.co and the manner in which the results of Dealroom.co are used.
- You guarantee that you will not use Dealroom.co and/or the Content in a way that: infringes the rights of Dealroom.co or third parties, including but not limited to IP rights or rights in relation to the protection of privacy; is contrary to any current legislation or regulations; or is contrary to any provision in these Terms of Service.
- You guarantee that, if you register an Account on behalf of a company or other legal entity, you have the authority to bind such entity, its affiliates and all users who access Dealroom.co through your Account to these Terms of Service. You indemnify Dealroom.co against all damages and costs it incurs of which result from unauthorised registration.
- You indemnify Dealroom.co against all damage and costs, including “ but not limited to “damage resulting from (alleged) infringements of IP-rights, claims by third parties, collection costs, the statutory commercial interest, loss of profits, penalties incurred and legal fees, which Dealroom.co incurs or which result from (i) attributable breach of the Terms of Service by you, (ii) any use of Dealroom.co by you or (iii) an unlawful act.
- Dealroom.co may transfer rights and obligations arising from these Terms of Service to third parties and will notify you of this. You are not permitted to transfer to third parties any right derived from an Account without Dealroom.co’s prior written consent.
- These Terms of Service and the use of Dealroom.co are governed by Dutch law.
- To the extent that national or international rules of law do not prescribe otherwise as mandatory, any disputes that arise or are related to agreements concluded subject to these Terms of Service, or arise therefrom, will solely be submitted to the competent court in Amsterdam.
Questions about the Terms of Service should be sent to [email protected]