Welcome to TeQatlas!

Please read these Terms of Service (“Terms”) carefully because they govern your use and access of the website accessible at https://teqatlas.com and/or https://app.teqatlas.com (the “Site”) and any associated applications, other websites or APIs (together with the Site, the “Services” or the “Platform”). By using or accessing the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use or access the Services.

To make these Terms easier to read:

• TeQatlas GmbH, a company registered under the laws of Switzerlands, company registration number CHE-271.658.645is referred to as “TeQatlas”, “Company”, “we”, “us” or “our”.
• “You” and “your” refers to anybody who accesses or uses, in any way, the Services.
• If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you” and “your” will refer to that entity.

Other Agreements

By using or accessing the Services, you also agree to be bound by our Privacy Policy, which constitutes an inalienable part of these Terms.

Besides, during the course of your use of the Services, you may choose to agree to be bound by certain other agreements to use the full potential of the Platform. For instance, if you choose to invest through TeQatlas or accept an investment using our Services, you will need to agree to the Client Agreement, which will be further provided to you.

When you enter into the Client Agreement or other similar agreement that govern our substantive relationship, these Terms and Privacy Policy will continue to apply. In case of conflict between these Terms and the Client Agreement, the Client Agreement will take precedence.

Platform

TeQatlas is the augmented investment intelligence platform that marks the future of the investment management market meeting the needs of both capital seekers and capital providers on a global scale, through combination of human and artificial intelligence via collective expertise sharing and collective compliance.

The Platform is designed so that the companies and projects, who search for capital (“Investees”), and those, interested in investment (“Investors”) can find each other on the basis of their profile and preferences, connect and identify each other for the purposes of business development. The Platform provides for the variety of functions, that include tools for comprehensive data management; management of statuses and stages of the investment; tools for amplified data-driven Investor-to-Investor and investor-to-investee collaboration; document creation and communication tools; as well as other functions, that are required to offer the information and educational materials about the users of the Platform and their activities, related to the development of their projects and aims. These functions are represented at the accounts and dashboards of Investors and Investees, such as Deal Room, Deal Market, Wallet, Dossier, Overview, Data Room, and Preferences etc.

The Platform and all the available information is designed for educational and informational purposes exclusively. The users of the Platform may share presentations, documentation, reports, analyses and other informational materials that offer the facts, figures and descriptions of the user projects and activities. The information provided at the Deal Market is summary and generic, and is available to describe the types of possible projects and activities that may be invested into and do not represent any investment offer solicitation, advice or any other proposal to take financial, investment or other choices.

Disclaimers

In order to understand the nature of the Services, please, read carefully the provisions below.

No Advice. TeQatlas does not render any legal, tax, accounting, or investment advice or services regarding the suitability or profitability of any security of any kind, investment or transaction. TeQatlas is not an investment advisor and does not provide any personal recommendations on transactions with any kind of financial instruments. All the information presented at the Deal Market page is automatically displayed upon the application of the Augmented Intelligence algorithms and software. The content of the Deal Market page depends exclusively on the information presented by you, does not solicit you to take any investment decisions regarding the displayed information and does not constitute any personal investment advice, since it does not relate on any particular circumstances, other than the results of the algorithm analysis based on the information provided by you on your personal initiative.

The Platform and all the available information is intended for informational purposes exclusively. None of the information submitted on the Platform or presented by the Platform constitutes a solicitation, offer, opinion, or recommendation by TeQatlas to buy or sell any assets or securities. For these reasons, you agree to be responsible for your own due diligence and the legal and regulatory compliance of any potential deal or arrangement of any kind, and TeQatlas makes no representation or assurance about such compliance.

Any Investing Involves Risk. All investments carry risk and all investment decisions of an individual remain the responsibility of that individual. You should only invest in the products and instruments that you are familiar with and understand the risk associated with them. TeQatlas makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. TeQatlas provides no guarantee of future success of the investment and none of the history return information regarding the Investee guarantees future success. No representation is being made that any investment will or is likely to achieve profits or that significant losses will be avoided.

Research More. When taking any investment decision, first of all, you must assume all the risks involved and also you must research and evaluate the deal on the basis of complete information about the fundraising campaign, including documents, dossiers, direct communication with the team and any other information collected by you. TeQatlas makes no representation that the information provided at the Deal Market page is completely true, relevant and sufficient in order to facilitate the investment decision, even though we put effort into providing you with the most versatile and accurate information possible. Deal Market and full information on campaigns are only available to the Investors who have been authorized on the platform through the registration and confirmation process below. Please, do not make any investment deal based on the limited and not fully collected information about the Investee or the Investor.

Doubt Any Information. All the information about the Investee and Investee’s dossier, including company stage, phase, location, headcount, market opportunity, business area, profit and loss (fact and projections), key metrics, social media interactions, past transactions, etc. is provided directly by the Investee. TeQatlas has no control over such information and makes no representation regarding the truthfulness and accuracy of this information. All the information regarding the Investor and Investor’s
dossier, past transactions, portfolio details, offices, investment amount and other preferences, is either provided directly by Investors or includes information collected from third-party sources. In the first case, we make no representation as to the truthfulness and accuracy of this information. Regarding third-party information, we put effort into providing you with the information that is accurate, relevant, full and comes from reliable sources, however, we cannot provide any warranties or representations. You shall take care of researching and double-checking any information before making any investment decision.

TeQatlas Is Not a Party to Your Arrangements. TeQatlas is not involved in any way with the actual transaction between the Investor and Investee, is not a party to any kind of agreements connected to the investment, does not take any responsibility for the execution of any such agreements or arrangements. TeQatlas does not take part in any negotiations regarding investment deals. Our relationship with you is limited exclusively by these Terms, Privacy Policy, Client Agreements or other agreements that we have expressly entered to.

As Is and As Available. We are doing our best, but we don’t warrant that the Services will be uninterrupted. To the maximum extent permitted under Applicable Law, the Site and the Services (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Site or the Services (including any related data) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Site or the Service are correctable or will be corrected. While every care has been taken to ensure that the Platform is virus free, any downloadables from the Platform shall be checked by the user. TeQatlas accepts no liability for viruses or malware damage resulting from the use of the Platform or any downloads hereof.

Errors. The transmission of data via the Platform is subject to the likelihood of human and machine errors, omissions, delays and losses (including but not limited to viruses or inadvertent loss of data or damage to media) that may give rise to loss or damage. TeQatlas will not be liable for any such errors, omissions, delays or losses.

Investee Disclaimer. As an Investee, accepting an investment, entering into a deal or any kind of investment arrangement, you hereby represent and warrant, that you are aware of the fact, that there are certain limitations, rules and regulation as to the legal status of the Investor, including the status of the accredited or professional investor, whom you acquire the funds from. Therefore, you hereby represent and warrant, that you will take all reasonable steps to verify that, taking into account the type of the investment, amount of the funds, financial instruments and tools, as well as other circumstances involved in the deal, arrangement or contract between you and the investor whatsoever, the Investor complies with all the necessary and relevant laws and regulations applicable to him and the deal, arrangement or contract that you enter, including if applicable, that the Investor complies to the accredited or professional Investor status. You hereby acknowledge that TeQatlas has the right to ask for proof of such compliance from you or the Investor, but no obligation to do so. TeQatlas has no obligation to verify the compliance of the Investor with the respective regulations, since TeQatlas is by no means involved in the arrangements regarding investment between you and the Investor. You hereby accept full responsibility for the verification of such compliance or for the improper verification, if any incident occurs.

Access to the Platform

Access to the Platform. Part of the Platform is accessible without registering an account. This Part, however, does not allow you to enjoy the full functionality of the Platform. In order to properly use the Services, you need to register an Account. Access to and use of password protected and/or secure areas of the Platform is restricted to the registered or authorized users only.

Account. When creating an Account, you must provide accurate and complete information and keep your Account or User information updated. You shall not select or use as a username a name of another person with the intent to impersonate that person. Upon your registration of the Account you need to confirm it via email address that you have provided. Further, you will receive your User ID and create a password. You should never disseminate or disclose login information for your Account, disclose your password or allow access to your Account by persons, other than to persons authorized by you. You are solely responsible for the activity that occurs on your Account, and for keeping your password secure. You must notify us of any breach of security or unauthorized use of your Account.

Denial of Access. TeQatlas reserves the right, in its sole discretion, to deny you access to the Platform, any portion of the Platform or registration of an Account, without notice and without reason.

Changes to Operation. We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Platform. Some of our Services may be subject to additional terms and conditions, which are posted separately from these terms but are incorporated and form a part of these Terms if you decide to use or access those features.

Third-Party Links. The Platform may contain links to websites, applications or resources provided by third parties. Because TeQatlas has no control over such websites, applications and resources, you acknowledge and agree that we are not responsible for the content and availability of such external sites, applications or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites, applications or resources.

Fees. The use of most of the Services is free, unless other is expressly stated. Your use of the Platform is only subject to payment upon entering the Client Agreement, pursuant to the payment terms set forth therein.

Your use of the Services

In order to allow you and other users to have a full and positive experience of using the Platform you agree that you will not use the Platform in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including TeQatlas).
• Violates the security of any computer network, or cracks any passwords or security encryption codes, including through Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform
• Decompiles, reverse engineers, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Platform.
• Involves the use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or any portion of the Platform.
• Involves the use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform).
• Is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of your Account or anyone else’s (such as allowing someone else to log in to the Platform as you).
• Attempts, in any manner, to obtain the User ID, password, account, or other security information from any other user.

Without limiting the foregoing, you also specifically understand and represent the following:

• You may not use the Platform as a group of persons, companies, other legal entities. You may not register or use any Account for group purposes or as a role account. TeQatlas may block access to the Service without notice for any Account used for group purposes or as a role account.
• You are solely responsible for reporting and paying any taxes applicable to your use of the Platform.
• Although it is intended to provide accurate and timely information on the Platform, the Platform or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform or relevant tools are your sole responsibility.

User Content

Most of the information at the Platform is uploaded and provided by you and other users, it constitutes User Content. User Content includes all and any information that has been uploaded by you and other Users to the Platform, including, but not limited to, personal information, financial information, information uploaded to the Investee’s and Investor’s dossiers, documents, shared on the platform, private messages shared through Deal Room. As specified above, we take no responsibility for the User Content whatsoever.

The Platform shall not be used as the only or primary storage space or cloud for saving and storing information. The Platform may only be used as the channel for sharing information or documents. You are solely responsible for adopting reasonable measures to limit the impact of data loss.

Any documents shared through the Platform do not constitute part of the Platform. TeQatlas does not obtain any rights over these documents, including right of access, unless the documents are expressly intended for us. You are solely responsible for uploading, storing and granting access of other users to these documents.

The Platform facilitates the Deal Room function. Deal Room and the information shared therein will only be viewable by those user(s), you directly send such information to.


Regarding the User Content, you acknowledge your understanding of the following:

• The information you provide to us or any other user shall be accurate, including any information submitted through any third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
• Your User Content may be viewed by other users, that are registered at the Platform and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided in these Terms.
• We may monitor or review the User Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of User Content at any time in our sole discretion, however we have no obligation to do so.
• You retain all rights in and bear the full responsibility for your User Content.
• Information on how we collect, use and share your User Content and personal data is governed by our Privacy Policy.

Our Content

The Platform and information, data, text, images, written posts and comments, software, scripts, maps, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform, features and functionality (including but not limited to all information, software, scripts, algorithms, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material, and subject to copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

Except as otherwise provided herein, we retain all rights, title and interest in and to all the intellectual property rights (including without limitation all patent, trademark, copyright, trade dress, trade secrets, database rights and all other intellectual property rights) embodied in or associated with the Platform, the software used in the Platform, source and object code, technology and any content created or derived there from.

We hereby grant you a non-exclusive, non-transferable, non-sublicense-able, limited, royalty-free license to use the Platform and the related Intellectual Property during the term of the Services provision by means, in the manner and on the terms set forth in the following Sections. You hereby acknowledge that license granted hereunder does not provide you with title or ownership to the software used at the Platform, but only a right of limited use subject to the terms and conditions hereof. This license does not create any implied licenses and we expressly reserve all rights not expressly granted to you herein.

Indemnification

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (a) your access to and use of the Platform; (b) your violation of these Terms, the right of any third party, or any other Applicable Law, rule, or regulation; and (c) any other party’s access and use of the Platform with your assistance or using any device or account that you own or control.

Limitation of Liability

You expressly understand and agree that TeQatlas and our affiliates and service providers, and their respective officers, directors, agents, joint ventures, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including without limitation damages for loss of goodwill, use, data, or other intangible losses (even if TeQatlas has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the access, use or the inability to access or use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Services. In no event will TeQatlas’s aggregate liability arising out of or in connection with the Services and/or the Site exceed the amount of fees paid by you to us in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.

Choice of Law

These Terms are governed by and will be construed under the Swiss laws without regard to the conflicts of law provisions of such jurisdiction.

Arbitration

We will first try to negotiate any arising conflict. In case we fail to succeed in negotiations, all disputes arising out of or in connection with these Terms or any other Agreement, including disputes on their conclusion, binding effect, amendment and termination, shall be resolved, to the exclusion of the ordinary courts by an Arbitral Tribunal by a sole arbitrator in accordance with the International Arbitration Rules of the Zurich Chamber of Commerce. The decision of the Arbitral Tribunal shall be final, and the parties waive all challenge of the award in accordance with Art. 192 Private International Law Statute.

Termination

Either you or TeQatlas may terminate these Terms, your access to the platform (in whole or in part), or your right to use any standalone software utility at any time with immediate effect by providing notice of such termination to TeQatlas. Without limiting the foregoing, we may immediately suspend your access to the Platform, if your use of the Platform (a) may, in our reasonable opinion, impair the ability of other users to access or use the Platform, or (b) is, in our reasonable opinion, in violation of any state, local or foreign laws, rules, regulations and ordinances.

These Terms shall be regarded terminated with regard to the part of the Platform accessible exclusively upon registration by your choice to delete your Account. However, you may not delete the Account if you have any outstanding payment obligations towards TeQatlas pursuant to these Terms or the Client Agreement.

Miscellaneous

Changes. We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use or access the Services after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the Services including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.

Entire Agreement. These Terms (and any additional terms, rules and conditions of participation that may be posted on the Site) constitute the entire agreement with respect to the Services and supersedes any prior agreements, oral or written. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over these Terms to the extent of the conflict.

Survival. Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
Assignment. You may not assign these Terms (by operation of law or otherwise) without the prior written consent of TeQatlas, and any prohibited assignment will be null and void. We may assign these Terms and Conditions or any rights hereunder without your consent.

Captions and Summaries. The captions identifying the various sections and subsections of these Terms are for reference only and do not define, modify, expand, or limit any of the provisions of these Terms and shall not affect the interpretation of these Terms.

Contact

If you have any questions, claims, complaints or suggestions, please, contact us at
support@teqatlas.com

Our address:
TeQatlas GmbH
Langfurenstrasse 6, 8143 Stallikon, Canton of Zürich, Switzerland