Terms and Conditions

DEFINITIONS

Affiliates shall mean and include any person / entity at any time who is controlling, controlled by, or is under the common Control.

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Agreement means the agreement that consists of these Terms & Conditions, User Agreement and the Privacy Policy, concluded between you and Xellerates, and governing your access to and use of the Xellerates Services.

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Billing Cycle shall mean the period of the Plan, that will start right after successful payment and end on the next billing date available under ‘Pricing Plans’ section in the Home page of the Platform, unless terminated earlier. The Billing Cycle will vary based on Your chosen Plan.

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Founder: A founder, co-founder or any authorized C-level person registering on behalf of the startup on the platform.

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Investor: An HNI, Angel Investor, an authorized person representing an Angel or VC Fund or Firm.

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Personal Data means all information (in the broadest sense) required by User(s) in order to avail the Un-paid Services and/ or Registered Users in order to avail the Services available under paid Plans, to be submitted by them to Xellerates via the required form(s). The processing of Personal data is governed by the Privacy Policy of Xellerates.

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Plan: Plan shall mean different package of Service(s) available only upon payemnt Monthly or Yearly, as described on the Platform.

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Platform means the framework and environment made available by Xellerates to Registered Users, as an interactive platform and Services on the Website and any associated mobile sites and applications available on an operating system and/or Device including Android, iOS, (”App”) and other platform as may be launched by Xellerates from time to time.

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Registered User means a natural or legal person who has purchased a Plan to Xellerates Platform(s).

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Service shall mean to make available a Networking site for Founders and Investors and other Services provided by Xellerates through the Platform to Users and Registered User for accessing the un-paid service and/ or availing a Paid Plan for the features made available and described at the Platform.

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Terms of Use shall mean this agreement to be read in conjunction and together with the Privacy Policy as may be updated from time to time (Refer Changes) in relation to a User’s and/or a Registered User’s access to and use of Service(s).

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Users means a natural or legal person who accesses Xellerates Platform(s) whether or not availing Service(s).

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Website means the domain name www.xellerates.com owned by Funndser Technology Solutiions Private Limited, a company registered under Domicile and Court of Registry: Delhi, India with the Brand Name Xellerates.

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INTRODUCTION

These Terms and Conditions ”T&C” outline the rules and regulations for the use of Xellerates Networking Platform Website.

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For the purpose of these T&C, wherever the context so requires “Company”, “Our” or “Us” means Xellerates and “You”, “Your”, “Yourself” or “User/ Registered User” shall mean any natural or legal person who uses, accesses or avails the Xellerates Platform(s). Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

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ACCEPTANCE OF TERMS & CONDITIONS

Please read these Terms & Conditions, Privacy Policy, User Agreementand Community Guidelines, very carefully. If you do not agree to any of the provisions set out in those documents, you must not access the Website, or avail of/use any of the Service(s) and any use thereafter shall be deemed unauthorised and subjected to the Local Laws.

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By accessing or using the Platform, registering an account, or by viewing, accessing, availing any Service(s), uploading or downloading any information from or through the Platform, you represent and warrant that you have read and understood the Terms & Conditions, Privacy Policy, User Agreement and Community Guidelines and agree to be bound by them, and that you are either 18 years of age or more or the applicable legal age of majority in your jurisdiction.

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CHANGES TO TERMS & CONDITIONS

Xellerates reserves the right to change, alter, replace or otherwise modify these Terms and Conditions at any time, for example to address legal or regulatory changes or changes to features or new functionality made available through the Platform, at our discretion. The date of last modification is stated at the end of these T&C. It is the User’s responsibility to check this page from time to time for updates.

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A Notice shall be sent to the User(s) if any material changes are made to the T&C, in a reasonable form including for example displaying a notice within the Platform and/or by sending an email to the email address associated with your account or via an in product notification, and the revised T&C will become effective One (1) week after such notification.

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User(s) shall be under no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such one (1) week period, your continued use of the Platform after the end of that one (1) week period shall constitute your acceptance of the revised T&C.

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DESCRIPTION OF THE PLATFORM

The Platform is an online entrepreneurship platform for networking and services. The Platform enables a registered Founder to interact, engage, post and exchange opinions and information with any registered Investor over a private communication channel to discuss prospects and/ or enable Founders to interact and collaborate with other Founders for Business, Xellerates holds the right to use the preferred options to ensure you get the content that interests you most. Xellerates and its affiliates shall not be responsible or held accountable for any information disclosed in the Private Communication channel(s). Comments do not reflect the views and opinions of Xellerates and its affiliates and Xellerates does not, and takes no obligation, to pre-screen any information, services, or comments uploaded or posted in the Platform.

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The Platform offers certain Services through plans. The fees for each plan, and their applicable terms and limits, are described on Our Platform these services are inclusive of but not limited to Standardised Valuation, Fund Raising Assistance, Pitch Deck Tool, Startup collaborations, Business Mentorship, AI based recommendations, Investment opportunity, facilitate the forming of a community of experts and access to Online Events. Any data including Personal and Sensitive data collected for these service(s) shall be securely stored with Xellerates as per the terms of the Privacy Policy. However, any data required for any of the External Services facilitated by Our Platform would be shared with the service provider. Prior to sharing of such data an intimation in the form of an alert would be generated to the User(s) availing such Service subjected to Xellerates Privacy Policy.

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In addition, Our Platform makes available Online Events accessible to the Registered User(s) which shall be open to view for any person accessing the Website if the user settings so demand. The details of such events including but limited to any success story may be shared at the liberty of Xellerates with its affiliates.

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The servers used to provide the Services are physically located in Delhi NCR, India and, as a result, all content will be subject to the laws thereof.

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Xellerates reserves the right to provide the Services to Your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Our employees and contractors may also be Our customers, and that they may compete with You, although they may not use Your confidential information in doing so.

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We reserve the right to refuse, modify, or suspend all or any part of Our Services to anyone for any reason, at any time and without notice. While assuming no obligation to do so, We may remove Materials and suspend or terminate Accounts or Agreements if we determine, in our sole discretion, that the User(s) conduct is in violation of Our User Agreement and/ or Community Guidelines or these T&C.

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Xellerates, from time to time, will release new tools and resources on the Platform, release new versions of our Services, or introduce other services and/or features for the Platform. Any new services and features will be subject to these T&C as well as any additional terms and conditions that we may release for those specific services or features.

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YOUR USE OF THE PLATFORM

You must register for an account (the ”Account”) to access and use the Services by providing your full legal name, current address, phone number, a valid email address and certain other personal data. You agree that all such information is current and accurate. We will use the email address that You provide as the primary method of communication, including for billing matters. We may reject Your application for an Account for any reason, in Our sole discretion. This Information is collected and stored by Xellerate for the purpose of Verification only and shall not be shared with any third party without obtaining any prior consent from the User(s). Xellerates use of this information is governed by the Privacy Policy.

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You shall designate a single ”Point of Contact”, which shall have full authority to enter into agreements and make binding decisions on Your behalf. For security reasons, only the Account owner or Point of Contact designated by the Account owner will be allowed to make account changes or cancellations or to designate a new Point of Contact. You agree and affirm that We may rely on representations made by Your Point of Contact. You may change Your Point of Contact at any time. If there is reasonable doubt about the authenticity of any instruction, notice, document or communication, Xellerates reserves the right to require additional authentication from You.

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You must choose a Username that would be accessible to the Users of the platform including but not limited to potential Investors. You must keep Your password secure. We encourage You to use best practices in creating, regularly changing and securing Your password. Xellerates shall not be liable for any loss or damage from Your failure to maintain the security of Your Account or Your password. You agree to immediately notify Xellerates of any unauthorized use of Your password or any similar breach of security.

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You assert and agree not to stalk, exploit, threaten, abuse or otherwise harass another user, or any Xellerates employee. You must not sell or transfer, or offer to sell or transfer, any Xellerates profile to any third party without the prior written approval of Xellerates. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

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You shall not attempt to copy, modify, duplicate, create derivative works nor frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or Data (and its derivatives) provided directly or indirectly available on our Platform, in any form or media or by any means. You shall not attempt to reverse compile, disassemble, reverse-engineer or apply any other technique to all or any part of the Services or Data (and its derivatives) provided by Xellerates. You shall not access all or any part of the Services or Data (and its derivatives) in order to build any product or service which competes with the Services provided by Us. And you shall not use the Services or Data (and its derivatives) to provide services to third parties without obtaining our prior written permission. Use of any automated system or software to extract data from the Xellerates Website, its exhaustive Database or the Services (“including screen scraping or any other known and unknown techniques”) is hereby expressly prohibited. Please note, any form of unauthorized access to our Platform and any breach of above conditions will invite legal repercussions.

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To verify Account ownership, Xellerates reserves the right to request documentation to determine or confirm Account ownership. Documentation may include a copy of Your business license or charter, government issued photo ID, LinkedIn ID, etc. We retain the right to determine, in Our sole judgment, rightful Account ownership and transfer an Account to the rightful owner in the event of any dispute. If We are unable to reasonably determine the rightful owner of an Account, Xellerates reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

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Xellerates reserves the right to use the name & logo of your company/fund to disclose you as a user (or a partner, if signed up as such) in its external communication (press, social media etc.) as well as on its website for marketing purposes.

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This shall be subjected to the provision provided under sub-clause (6.6) of this Agreement.

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REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to Xellerates as follows:

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Your Personal Data provided and/ or uploaded on the Website is true and accurate, and you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize Xellerates to use.

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Your Information and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, shareholder’ rights, rights of privacy or publicity, or rights in confidential information.

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Your information, including any messages and/ or comments that you may post on the Platform or in the private channels provided by the Website, is not and shall not be unlawful, abusive, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling or otherwise inconsistent with or contrary to the laws in force and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.

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Your conduct does not and shall not create any liability on the part of Xellerates, its affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the messages / comments on this Platform, to the extent permitted by applicable laws. Please note, Comments do not reflect the views and opinions of Xellerates, its agents, and/or affiliates they are solely and strictly associated to the User(s).

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Xellerates reserves the right to remove Your posts, comments and stored information and/ or suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your conduct breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

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Xellerates does not represent or endorse the accuracy or reliability of any information, opinion, recommendation, report or any other information displayed or distributed in the Platform. The estimates made and recommendation of Profiles given to You on the Platform are based upon information provided by Our User(s), publicly available information and data for different industries and Public Social Media accounts. Xellerates has not audited nor attempted to confirm this information for completeness or accuracy.Recommendations or any information made available by Xellerates shall not be considered as an offer, solicitation, or recommendation to sell, or a solicitation of any offer to invest or consolidate any business deal.

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Xellerates is not liable and shall not take any responsibility for any harm resulting from your use of External Services, and/ or from any content made available on our Platform, and you hereby irrevocably waive any claim against Xellerates with respect to the content or operation of any External Services.

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PAYMENT TERMS

All prices indicated for the Plans would be available as per the Billing cycle. Payments for the Platform Services take place prior to the access to such services and has to be renewed a day before the end of the Billing cycle for an un-interrupted use.

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We accept payment by all major credit and debit cards, including Mastercard, Visa, American Express and UnionPay. The processing and facilitation of all payments for the Xellerates Services are handled on behalf of Xellerates by our Merchants, being Stripe and please refer to the List of ESP to know more about your financial data security, subject to our Privacy Policy. Upon completion of payment a receipt would be generated and sent to You by email from the respective Merchant which shall serve as evidence of confirmation.

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If for any reason payment for any of the Plans are rendered unsuccessful, Xellerates retains the right to terminate your Registration by sending a notification in the form of an e-mail, taking into consideration all facts and circumstances.

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GRANT OF LICENSE

Unless otherwise stated, all intellectual property rights including but not limited to trademark, copyright, design and patent rights for all material on www.xellerates.com which are also made available on www.xellerates.com are owned and reserved for Xellerates and/or its licensors. Such material(s) may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, rented, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Such material(s) is however made accessible to the User at the Platform for your own personal use subjected to restrictions set in these terms and conditions.

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By providing any Content to our website You hereby grant a worldwide, non-exclusive, royalty-free, fully paid up, license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part and to Us and Our Affiliates, operators and external service providers to which Your Content has been shared or embedded using the Services.

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You can limit and restrict the availability of certain information of Your Content to other users of the Platform, and to users of LinkedIn Services, at any time using the permissions tab as per the Privacy Policy. Notwithstanding the foregoing, nothing in these T&C grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (”Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks. Certain organizations may link to our Website without prior written approval, which shall be governed by Our Hyperlink Policy.

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INDEMNIFICATION

You agree to indemnify, defend and hold Xellerates, its parents, subsidiaries, affiliates, officers, assignees and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, against any third party, incurred or suffered by Xellerates or its parents, subsidiaries, affiliates, officers, assignees or employees in connection with Your use of the Service(s) that is in violation of any terms of this Agreement.

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DISCLAIMER

• THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ”AS IS”, ”AS AVAILABLE”, AND ”WITH ALL FAULTS”. WHILST Xellerates USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO Xellerates ATTENTION, Xellerates MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE SERVICES OR ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES AND SHALL ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

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• NEITHER DOES Xellerates WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, NOR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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• Xellerates AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW.

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• Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.

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LIMITATION OF LIABILITY

We are not liable to You or any other person for damages of any kind, including without limitation any compensatory, nominal, liquidated, punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of our platform, the services, your content, external services, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we have been advised of the possibility of such damages. You hereby release us and hold us and our affiliates, licensors, and each of their respective officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of our platform and services provided therein. you hereby waive the provisions of any state or local law limiting or prohibiting a general release.

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In the event of any problem with our website, the services or our intellectual property, you agree that your sole and exclusive remedy is to cease using the services. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

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Certain states and/or jurisdictions do not allow the limitation of liability for incidental or consequential damages. Whether or not the exclusions set forth above apply to You shall be determined in accordance with the ‘Governing Law and Jurisdiction’ clause set forth below and not necessarily whether such exclusions are allowed by the jurisdiction in which You reside, are established, or carry out Your operation.

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GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India and the courts of Delhi shall have the exclusive jurisdiction to determine all matters under the Agreement. You hereby waive all defenses of lack of personal jurisdiction and forum.

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TERM AND TERMINATION

This Agreement will remain in effect until terminated by either You or Us. You may terminate this Agreement and all Services by contacting Our support and shall follow the specific instructions provided to You. If You terminate this Agreement prior to the expiration of a subscription term for Paid Services, You shall be obligated to pay all fees associated with such paid Plan(s) to the end of the term.

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In the event You terminate Your use of the Services, moving Your Content and Sites off of Our servers is Your responsibility. Zefyron shall take no responsibility for transferring of Your Profile or Personal data to another provider.

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Xellerates may terminate this Agreement and/or Your right to the Services, in whole or in part, at any time and for any reason, including but not limited to, if You violate or breach the terms of this Agreement.

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Upon termination of this Agreement by either party, (a) We will cease providing the Services to You, You will no longer be able to access Your Profile and Your Account will be taken offline, (b) You will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise, unless We terminate Your Service without cause, and (c) in the event of termination during the pendency of a Paid service any outstanding instalment for Your usage of the Services and/ or any future instalments due for the forthcoming months, will be immediately due and payable in full.

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Sections 8 Payment Terms, 11 Indemnification, 12 Disclaimer of Warranties and 13 Limitation of Liability shall survive any termination of this Agreement.

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FORCE MAJEURE

Xellerates will not be liable for a failure to perform any of its obligations under this Agreement if such a failure is caused by the occurrence of any unforeseen contingency or by circumstances beyond the reasonable control of Xellerates, including but not limited to Internet outages, telecommunications outages, natural calamities, disasters.

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NOTICES

Except as otherwise specified in this Agreement, all notices and other required communications hereunder shall be in writing and shall be deemed to have been given when it is received by the designated Mail id of Xellerates being team@xellerates.com. Notices to You will be directed to the address and information of record on Your Profile with Us.

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NOTICES

This Agreement represents the entire understanding of the parties with respect to the Services and supersedes all prior and contemporaneous agreements (including, but not limited to, any prior versions of the T&C), written or oral, concerning its subject matter. The parties agree that any term or condition stated in Your purchase order or in any other of Your order documentation is void and that any acceptance of such order documents by Us shall be for acknowledgment purposes only.

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If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

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No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.