General Terms and Conditions (“GTC”)

  • Operator of the Platform

VenturePole.com (the “Platform“) is operated by VenturePole AG (“VenturePole“). VenturePole is not an investment adviser and is not involved in any investment decision of the users of the Platform.

  • Acceptance of GTC
      1. By using the Platform and/or creating an account, users of the Platform declare that they have read, understood and accepted the GTC. Users who do not accept the GTC shall not use the Platform.
      2. VenturePole reserves the right to amend the GTC at any time. By continuing to use the Platform, users declare their consent to the amended GTC. In the event users do not accept the amended GTC, they shall not use the Platform and shall delete their accounts. 
  • Platform
    1. The Platform is a marketplace to bring startups and investors together to highlight investment opportunities. In addition to a private deal room which gives startups and investors the opportunity to meet and negotiate potential deals, the Platform includes tools which help investors mitigate risk, save time and labor by augmenting due diligence with AI such as an investment risk rating and a due diligence tool.
    2. Any investment is made directly by the investors and startups outside of the Platform without the involvement of VenturePole. The Platform gives only the opportunity to connect and exchange information between startups and investors and to discuss potential deals.
    3. VenturePole is only the operator of the Platform and does not provide any investment recommendation or opinions about their users. The closing of a deal between startups and investors is conducted outside of the Platform, including the drafting and signing of respective agreements. No communication by VenturePole on its Platform or in any other medium shall be construed as recommendation for any investment opportunities offered on the Platform.
    4. Investors acknowledge that investments involve high risks, including a complete loss of the investments. Each investment is made at the investor’s own risk. VenturePole strongly recommends investors to perform a careful assessment of the startups and to consult their advisors regarding legal, commercial, financial and tax-related issues related to the investments they intend to make.

 

  • Registration Process and use of the Platform
      1. Users can register on the Platform and create an account either as an investor or as a startup. The registration requires the answering of questions and uploading of information and an accreditation process. Investors need to qualify as professional or institutional investors according to the laws of their country of residence and must have financial knowledge to understand the risks of venture capital investments. Startups need to have already founded their company or are in the process of founding a company. VenturePole reserves the right to refuse the access to the Platform if users do not meet the registration and accreditation criteria.
      2. Individual users (natural persons) who register on the Platform and create an account warrant that they are at least 18 years old or of legal age in their country of residence and capable of acting.
      3. Users other than individuals (in particular legal entities) warrant that the account has been created by a representative with signature rights or otherwise duly authorized to open and use the account.
      4. All users warrant that (i) they have sufficient knowledge of venture capital investments and know the risks of such investments, (ii) they are not subject to legal or regulatory restrictions which prohibit or affect the use of the Platform and (iii) all information and documents provided to the platform are true and correct and free of any viruses.
      5. It is the user’s responsibility to keep all information provided to the Platform up to date so that it mirrors at all times the current and true situation of the user. The user is solely liable for any information provided to the Platform.
      6. The user is not allowed to publish and/or upload any information and content to the Platform which (i) is against applicable law (ii) is false and inaccurate, (iii) violates any third party rights and/or (iv) is discriminating (sex, race, religion, belief, age, condition etc.).
      7. Users are only allowed to use the Platform for its intended purpose as a Platform to highlight investment opportunities. They are not allowed to use the Platform to offer or advertise financial products which might qualify as collective investments schemes pursuant to the Swiss Federal Act on Collective Investment Schemes.
      8. VenturePole has the right to suspend (temporarily) or terminate (definitively) any account if the user withdraws the consent for processing data or is in breach or potential breach of the GTC. VenturePole shall not be liable for any losses and damages arising from the suspension or termination of an account.
  • Regulatory Aspects

The Platform and its content are not intended for use by natural persons or legal entities who are citizens or residents of or located or established in any jurisdiction which prohibits the use of the Platform or which would lead to any registration or supervision of VenturePole in the respective jurisdiction.

  • Fees
      1. Startups pay a low annual subscription fee to be listed as potential deals on the Platform (the “Full-Service“). Before being listed as deals, startups have partial access to the platform and can create an account and use its virtual data room and  due diligence tools free of charge, but will not have access to the private deal room nor the online event, hence not visible nor contactable by the registered investors. The sign-in process for the Full-Service is completed after startups agree to be bound by the terms on the “Fees Page” and pay the relevant fees. 
      2. Investors can create and subscribe to two different types of accounts, a basic or pro investor account. The annual subscription fees for the two types of accounts differ. Pro investors have exclusive access to the newest deals for 60 days before basic investors. Investors pay an additional fee when they close a deal with a startup who also uses the Platform (the “Investment Service Fee”). The Investment Service Fee is 6.5% of the amount the investor invests in a deal. A detailed fee structure is outlined on the Fees Page. The sign-in process is completed after investors choose their account and fee structure, agree to be bound by the terms and pay the relevant fees. 
      3. Once a fundraising campaign is successful and a deal is closed, startups and investors involved in the specific deal are obliged to report the closing and details of the deal to VenturePole by following the prompts on the Platform. In the event that VenturePole discovers the closing of a deal but has not been duly reported to, VenturePole may suspend or terminate the accounts of the startups and investors who failed to report duly, and commence legal proceedings to collect the Investment Service Fee.
      4. An auto-renew option is available to subscriptions for all types of accounts. If not selected, then the startups and/or investors need to renew the subscription for their account if they want to continue using the Platform. 
  • Data
      1. By providing personal and/or commercial information to the Platform, users give their consent for this information to be processed and used in connection with the Platform. Users can withdraw at any time their consent for the data processing by notifying VenturePole. The withdrawal could, however, lead to a termination or suspension of the account of the respective user as the processing of information is necessary to operate the Platform properly.
      2. The uploaded personal and/or commercial information may be transferred to and maintained on servers located outside of Switzerland and the European Union to which users give their consent.
      3. VenturePole will take appropriate technical and organizational measures to protect data against unauthorized use and processing.
      4. The information provided to the Platform will be accessible by the registered users. The users agree further that all information they provide to the Platform may be used by Venturepole for commercial and statistical purposes. 
  • Intellectual Property
      1. Registered investors and startups retain the copyright and all intellectual property rights on the information, documents, files and other content which they uploaded to the Platform. All information, documents, files and content published on the Platform by VenturePole is owned by VenturePole or a license has been granted to VenturePole to use such content on the Platform.
      2. Registered investors and startups grant VenturePole a worldwide, nonexclusive, royalty-free license on all information, documents, files and content they provided to the Platform in order to use this data in connection with the Platform. Furthermore, registered investors and startups grant VenturePole a worldwide, nonexclusive, royalty-free license to use their trade names and trademarks for marketing purposes.
  • Exclusion of Liability
      1. To the extent permitted by applicable law, VenturePole, its employees, officers, directors and/or affiliates (all together”VenturePole Parties“) shall not be liable for any direct, indirect or consequential damages of any kind, loss of profits and loss of data arising from and in connection with the access and use of the Platform. The VenturePole Parties shall not be liable for damages resulting from unlawful use of the Platform, authorized and unauthorized third-party use of accounts or reliance on any information and content provided on the Platform.
      2. Users shall hold the VenturePole Parties harmless against any damages and losses arising from their access and use of the Platform and any claims (including fees of attorneys or other advisors) by any third-party.
      3. VenturePole is not liable for any information and documentation provided by the users on the Platform. Venturepole does not warrant, express or implied, the adequacy, accuracy or completeness of any information on the Platform.
      4. VenturePole does not guarantee uninterrupted and/or error-free access to the Platform. VenturePole endeavors to fix such interruptions as fast as possible.
      5. VenturePole is not liable for any tax consequences of users based on the use of the Platform and the closing of deals. Users are solely responsible for their tax consequences.
  • Governing Law and Jurisdiction
    1. The use of the Platform as well as these GTC are governed by Swiss law (under the exclusion of the conflict of laws principles and international conventions).
    2. Any conflict arising from or in connection with the use of the Platform and these GTC shall be submitted to the exclusive jurisdiction of the competent courts of Zug, Switzerland.

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