This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We provide Users of the Platform with access to certain content and services, which may include, without limitation: (a) services such as ESOP management services, employee portal, capitalization table services, electronic signature services, limited storage services, profiles, forums, discussion boards, registration functionality, interactive tests, voting and polling functionality, RSS feeds, blogs and links to third party websites; and (b) content such as articles, audio and video clips, photographs, graphics, images, text, data, user comments, postings and messages and other similar content (such content and services, collectively, the Services).
You can access the Platform without registering for an account. However, to use several features, You will need to register and create a profile with accurate and complete information. Your profile must be your own or of a person or entity You are entitled to represent and You shall not use or provide any information that is offensive or that violates any third party’s rights.
In order to use certain aspects of the Service, you will have to register for the Service and create an account (User Account). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify Us. You may be liable for the losses incurred by Us or others due to any unauthorized use of your User Account.
The person who first completes the registration on behalf of any organization is the initial administrator for purposes of such organization’s (Organization) use of the Service, and exercises certain options to initially determine the level of access, privacy, and security for the Service related to the Organization (Administrator Account). For example, the administrator will determine who can be a User of the Service under the organization associated with that administrator and Organization and the level of privileges that such Users will possess. Once initial registration has been completed, each Organization will be able to register additional administrators. Each administrator may designate other Users as additional and/or successor administrators and is responsible for confirming that those person(s) accept such responsibility. Upon becoming an administrator, each person will be deemed to agree to the obligations hereunder. Administrator Accounts must comply in all respects with all terms and conditions applicable to User Accounts.
Account de-activation: You can choose to de-activate Your account on the Platform by notifying email@example.com. Please note that any cancellation / deactivation of Your account shall be subject to the payment terms applicable to You.
The Platform allows you to submit, store, and access certain business data such as employee stock option policy, board and shareholders’ resolutions, grant letters, acceptance letters, nomination forms and other information related to You, Your employees, Your shareholders, or Your business (collectively, User Data).
By submitting User Data to Mystartupequity, You hereby grant, and represent and warrant that You have all rights necessary to grant, all rights and licenses to the User Data required for Mystartupequity and its subcontractors and service providers to provide the Services, including without limitation, features of the Services that enable You to share certain User Data with third parties through our Service. If Mystartupequity shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or the User. You further agree that Mystartupequity will have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data.
In the event that User Data is disclosed to or accessed by an unauthorized party, Mystartupequity will promptly notify You and use reasonable efforts to cooperate with Your investigation of the incident. Mystartupequity will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up Your User Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of Your User Data.
You own all right, title and interest (including all intellectual property rights) in and to Your User Data. Following Your use of the Services, You may submit a written request to the Company to remove from the Company’s systems any User Data consisting of personally identifiable information and following the receipt of such request, Company shall promptly delete any such personally identifiable information from its systems. Company shall provide to You a copy of Your User Data promptly following Your written request for such User Data.
Certain features and services available on the Website are accessible only upon payment including those features set out in https://mystartupequity.com/pricing (Services). The consideration for the Services and any other charges due from You shall be as per the rates in effect at the time at which it is charged. The Services may differ geographically and the plans and pricing may also vary with time and place. We reserve the right to introduce or remove plans and pricing from time to time. When You purchase a Service, You must provide Us with complete and accurate payment information thereby authorizing Us to charge You for the Service availed. In the event of failure to remit the payment, access to the Service shall not be commenced or shall stand terminated. We will attempt to take the first payment straight away and Your access to the Services will start as the assigned date provided the payment has been successfully processed.
Information submitted or collected on the Website or pursuant to the use of the Services is stored in a database. Specifically, We store the username, name, e-mail address, contact number and payment information such as credit card details, for continued and uninterrupted services. You may update Your payment information at any time by visiting [TBD]. We use the services of third party payment service providers to process Your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Accordingly, Your payments to Us through such third party services shall be in accordance with the terms and conditions of adopted and implemented by such service provider, and we shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by You through such service provider or any actions taken by You in respect of the same. At the time of payment, Your bank or other third party payment intermediaries may charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You.
Access to the Services commences immediately on the realization of payment of the fees, and there can be no cancellation once access to the Services is active.
You may view Your past payments and invoices, if any, on the Platform. Invoices for payments will also be delivered to the e-mail address registered with Us upon successful payment.
The payments made to Us shall be inclusive of all taxes payable by Us including Goods and Services Tax payable in India, if any. All invoices are payable in Indian Rupees or any other currencies that we may bill You in based on the country You are located in. If there are any withholding taxes in respect of payments made to Us applicable to Your jurisdiction, the billing shall be deemed to have been grossed up by an amounts such that after deduction of such applicable taxes, We receive the same amount from You as We would have received had there been no such withholding or deduction.
All payments made hereunder are non-refundable.
You hereby represent and warrant:
If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact Us at firstname.lastname@example.org.
This Platform is operated by and is the sole property of Mystartupequity. Any and all material on this Platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Platform. You agree that any and all material displayed on the Platform is solely for Your personal use and You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. Mystartupequity grants to You a temporary, non-exclusive, revocable, non-transferable limited license to use the Platform for your own use. All right, title, and interest in and to the Platform (excluding content uploaded specifically by a user) is and will remain the exclusive property of Mystartupequity and/or its licensors.
From time to time, we test various aspects of our Platform, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include You in or exclude You from these tests without notice.
Mystartupequity shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by You on the Platform.
If You are a copyright owner or an agent thereof and believe that any content on the Platform infringes upon Your rights, You may contact email@example.com and provide details requested in regards to such infringement.
The Platform may be used only for lawful purposes. Mystartupequity specifically prohibits any use of the Platform for and You agree not to use the Platform for any of the following purposes:
Mystartupequity may also place additional fair use restrictions including restrictions on concurrent connections and time of usage.
We reserve the right at any time and from time to time, in Our sole discretion, to modify the content on the Platform or any part thereof, including the transmission of any related materials or documentation, with or without providing prior notice to You. We further reserve the right at any time and from time to time, at Our sole discretion, to alter, modify or terminate any content or features contained on the Platform without providing to You prior notice of such alteration, modification or termination. You agree that Mystartupequity shall not be liable to You or to any third party claiming through You, for any modification of the content or features provided on the Platform.
We use internally developed systems for providing You access to and facilitating Your use of the Platform. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of the Platform. We may also add additional features and functionality to Platform that might result in the need to develop or license additional technologies. Increased utilization of the Platform or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.
You agree that Your obligations under this Paragraph 10 are necessary and reasonable in order to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, You agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to Mystartupequity and that, in addition to any other remedies that may be available, in law, equity or otherwise, Mystartupequity shall be entitled to obtain injunctive relief against the threatened breach of the terms of this Paragraph or the continuation of any such breach.
The restrictions in this Paragraph 10 shall not apply to disclosure of Confidential Information by either party if and to the extent the disclosure is: (a) required by the applicable law of any jurisdiction; (b) required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law; or (c) made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph. Provided that, restriction in this Paragraph 10 shall not apply to disclosures of Confidential Information made by Mystartupequity to its shareholders, directors, managers, advisors, potential investors and/or affiliates. Provided further that Mystartupequity may disclose the Confidential Information to third party vendors and customers or pursuant to partnering arrangements without the restriction of this Paragraph 10 provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph.
The Platform may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Mystartupequity, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.
Similarly, this Platform can be made accessible through a link created by other websites. Access to this Platform through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Platform are necessarily the same or similar to the idea, concept, aim or purpose of Our Platform or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Mystartupequity consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Platform, is utilized to visit this Platform and such event is brought to the notice or is within the knowledge of Mystartupequity, civil or criminal remedies as may be appropriate shall be invoked.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) accessing data not intended for You or logging into an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) interfere with service to any user, host, or network.
You shall not misuse this Platform by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (Viruses). You must not attempt to gain unauthorized access to our Platform, the server on which the Platform is stored or any server, computer or database connected to this Platform. You must not attack this Platform via a denial-of-service attack. Further, You shall not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform, such as probing or scanning the vulnerability of any system, network or breach.
By breaching the provisions of this Paragraph 13, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Platform will cease immediately.
We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Platform or to Your downloading of any material posted on it, or on any Platform linked to it.
You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
You shall not interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Platform of other Users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other Users, overloading, flooding or mail-bombing the Platform, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform.
You are prohibited from reverse engineering, decompiling, reverse assembling, modifying or attempting to discover or copy any software, source code or structure that the Platform utilize to generate web pages or any software or other products or processes accessible through the Platform.
All actions performed by any person using Your account and password shall be deemed to have been committed by You and You shall be liable for the same. Mystartupequity reserves the right to suspend/terminate Your account at any time if it is found that You have been sharing the password with any unauthorized user.
In order to reduce the risk of unauthorized access, all accounts maintained with Us through the Platform are locked after 5 (five) consecutive incorrect login attempts. In the event of such lockout, You can email the administrator at firstname.lastname@example.org and the account shall be unlocked upon receipt of Your email. You can also request for a password reset on our website through the ‘forgot password’ option on Our Platform.
All electronic communications and content presented and/or passed to Us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Mystartupequity in the exercise of their duties, or by law enforcement authorities who may be assisting Mystartupequity in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, Mystartupequity has the right to reject, at its sole discretion, from the Platform any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Mystartupequity.
You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Platform other than User Data. You acknowledge and agree that Mystartupequity shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Platform.
Mystartupequity does not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through the Platform, Mystartupequity will not be liable to You for any act or omission by such third party in relation thereto.
Any document, agreement, letter or other information relating to the Organisation, Administration, User, employee, the ESOP scheme or any person’s employment is the responsibility of the respective persons or parties thereto and Mystartupequity has not responsibility or liability in connection therewith and makes no representation in relation to the same.
We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on the Platform, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not Mystartupequity knows or has reason to know or has been advised of any such purpose or (b) warranties as to any results to be obtained from any use of the Mystartupequity content or information derived from use of the Platform.
Mystartupequity shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Mystartupequity content on the Platform, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Mystartupequity content.
Any content or services provided through the Platform shall not be construed as investment advice by Mystartupequity or an opinion provided by Mystartupequity regarding the appropriateness or suitability of any investment, or a recommendation or an offer or solicitation by Mystartupequity or the new and growing businesses for the purchase or sale of any security or securities in general, nor otherwise an endorsement, inducement, or solicitation of any type.
The Platform, all the materials and services, included on or otherwise made available to You through this Platform is provided by Mystartupequity on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Mystartupequity does not warrant that:
Mystartupequity is not a stock exchange recognised by the Securities Exchange Board of India (SEBI) under the Securities Contract (Regulation) Act, 1956.
Mystartupequity makes no representation that the content contained on the Platform is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that, many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of the Platform. You must make Your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of the Platform in such jurisdictions.
The arbitration shall be conducted by a sole arbitrator jointly appointed by Mystartupequity and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996.The venue of arbitration shall be Bangalore, India.
The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
You agree and acknowledge that the provisions of Paragraph 6 (Intellectual Property) and Paragraph 10 (Privacy and Confidentiality) are of importance to Mystartupequity and monetary compensation may not constitute adequate relief and remedy to Mystartupequity for non-performance by You of Your obligations thereunder. Accordingly, Mystartupequity shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring You to perform Your duties and obligations under such provisions.
Mystartupequity shall be entitled to assign their rights and obligations hereunder to any Affiliate, third party or as part of any restructuring, business combination, merger or acquisition.