Terms Of Service

FUNDDECODE Terms Of Use

Funddecode Inc. is neither regulated nor approved by any Financial Institution. Funddecode Inc. does not provide any financial nor investment advice to any of their platform users or members of its network. Any investment or financial decisions are made by parties on their own. Funddecode Inc. is neither a Financial Advisory, nor an Investment Firm, but a platform to contact and meet startup founders, investors and consultants.

Please find below sets of terms and conditions:

OUR AGREEMENT WITH YOU

Before we begin, below is a list of the terms which we will use in this agreement and their meanings:

Authorised Users : employees, agents, consultants or independent contractors of the Client who are authorised by the Client to use the Services and the Documentation.

Authorized Employee : an employee of Funddecode who has a need to know or otherwise access Personal Data to enable Funddecode to perform their obligations under this Agreement.

Client : the person or company contracting with Funddecode under the terms and conditions of this agreement.

Client Data : the data inputted by an Authorised User or by Funddecode on the Client’s behalf for the purpose of using the Services or facilitating the Client’s use of the Services.

Confidential Information : information that is proprietary or confidential and is clearly labelled or conveyed as such, or information that would be regarded as confidential by a reasonable business person.

Documentation : the document(s) made available to the Client by Funddecode online or such other web address notified by Funddecode to the Client from time to time which sets out a description of the Services and the user instructions for the Services.

Documentation : the document(s) made available to the Client by Funddecode online or such other web address notified by Funddecode to the Client from time to time which sets out a description of the Services and the user instructions for the Services.

Fees : the fees payable by the Client to Funddecode for the Services in accordance with the Fee Schedule.

Plan : a package of user subscriptions selected by the Client which entitles a certain number of Authorised Users to access and use the Services and the Documentation in accordance with this agreement, as further specified in the Fee Schedule.

Software : the online software application provided by Funddecode as part of the Services.

Support Services : the services provided by Funddecode to support and assist the Client’s use of the Services, as set out at https://www.funddecode.com or any other website address or document as may be notified to the Client

SERVICES

During the Term, Funddecode will provide the Services to the Client on, and subject to, the terms of this agreement.

Funddecode will use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:

1. planned maintenance carried out during different maintenance windows; and
2. unplanned maintenance performed outside normal business hours

Funddecode will, as part of the Services and at no additional cost to the Client, provide the Client with Support Services during normal business hours. Funddecode may amend the availability of certain Support Services in its sole and absolute discretion from time to time. The Client may also purchase enhanced support services separately at Funddecode’s then current rates.

Funddecode may, from time to time during the Term:

• make new features, functionality, applications or tools available in respect of the Services;
• modify the Software by issuing updates or new releases;

The Client hereby acknowledges that certain Services, including Support Services, content, features or capacity, may not be available (in full or in part) depending on the Plan the Client has selected.

FUNDDECODE’S OBLIGATIONS

Funddecode undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable care and skill.

The undertaking at above clause will not apply to the extent of any non-conformance which is caused by a fault in third party API used to access Client Data, the use of the Services contrary to Funddecode’s instructions (including custom application design and implementation), or modification or alteration of the Services by any party other than Funddecode or Funddecode’s authorised contractors or agents. If the Services do not conform to the foregoing undertaking, Funddecode will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Client with an alternative means of achieving the desired performance. Such correction or substitution constitutes the Client’s sole and exclusive remedy for any breach of the undertaking set out in the above clause . Not with standing the foregoing, the Client:

1. does not warrant that the Client’s use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the Client through the Services will meet the Client’s requirements;
2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Client acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communication facilities.
3. This agreement will not prevent Funddecode from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.

CLIENT OBLIGATIONS

The Client shall:

1. provide Funddecode with all necessary co-operation, information and access to such information in order to provide the Services;
2. comply with all applicable laws and regulations with respect to its activities under this agreement;
3. obtain and maintain all necessary licences, consents, and permissions necessary for Funddecode to perform its obligations under this agreement, including the Services;
4. ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of both this agreement and the End User Licence Agreement, including any and all user instructions for the Services in the Documentation, and will be responsible for any breach of this agreement by an Authorised User;
5. upon request, provide Funddecode with such information about its Authorised Users as is reasonably required by Funddecode for the purpose of managing and enforcing the terms of the End User Licence Agreement with such persons;
6. ensure that its network and systems comply with the relevant specifications provided by Funddecode from time to time; and
7. be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Funddecode’s data centres, and all problems, delays, delivery failures and all other loss or damage arising or relating to the Client’s n

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement.

If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that this agreement, its subject matter and its formation, are governed by the United States of America law. You and we both agree that the courts of Delaware will have exclusive jurisdiction.

Network connections or telecommunications links or caused by the internet.