General Terms
Our Legal Terms
Read these terms carefully. By accessing Founder8 website, you indicate that you agree with and are bound by them.
DEFINITIONS
DOCUMENTATION means any written or electronic DOCUMENTATION , images, video, text or sounds specifying the functionalities of the FOUNDER8 PLATFORM provided or made available by FOUNDER8 to YOU through a website, DIGITAL FORM, email or otherwise.
EFFECTIVE DATE means the date when YOU electronically confirm acceptance of these GENERAL TERMS and for the whole duration of the TERMS OF VALIDITY.
EVALUATION means the written feedback as well as assessments conducted by FOUNDER8 during or at the end of or after the execution of the SERVICE and the SERVICES.
DIGITAL FORM means any FOUNDER8 generated electronic service order or other electronic document executed or approved by YOU with respect to YOUR execution of the SERVICE or usage of the SERVICES.
INTELLECTUAL PROPERTY RIGHTS means all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights.
BLOG means any written blogs, videos/vlogs, audios/podcasts, presentations and images YOU submit to FOUNDER8 using your medium.com account which has its own title, subtitle and url.
BRAND means FOUNDER8, and other product and service names, and logos used or displayed on the FOUNDER8 PLATFORM which are registered or unregistered trademarks of FOUNDER8 (collectively, BRAND)
PARTY/PARTIES means both FOUNDER8 and YOU and all people involved on YOUR behalf in the SERVICE or using the SERVICES on YOUR behalf and the FOUNDER8 PLATFORM.
BRAND GUIDELINES means the guidelines which describe the only way YOU are allowed to use the BRAND.
FOUNDER8 shall mean the business entity associated with FOUNDER8 PLATFORM.
FOUNDER8 PLATFORM shall mean FOUNDER8 website as well as any other computing, digital or any other technology platform which is run as FOUNDER8 PLATFORM or is part of the FOUNDER8 PLATFORM.
GENERAL TERMS means this entire agreement and its inseparable parts alongside with any of its future amendments.
TERMS OF VALIDITY means the time of duration of the SERVICE from the EFFECTIVE DATE and for the duration of usage of the SERVICES and the FOUNDER8 PLATFORM.
SERVICE means all services provided by YOU in any role in relation to FOUNDER8 PLATFORM.
SERVICES means all services used by YOU in any role in relation to FOUNDER8 PLATFORM.
YOU, YOUR even when not capitalised herein, shall refer to YOU personally and YOUR company, organisation as a legal entity that YOU represent rightfully for the purposes herein.
YOUR CONTENT means any data, text, images, videos, presentations and other information including BLOGS you provide to FOUNDER8 PLATFORM through a DIGITAL FORM.
PREAMBLE
These terms constitute a contract between YOU and FOUNDER8 both referred to herein as the PARTIES, and govern use of, access to and implementation of any SERVICE and SERVICES implemented within the FOUNDER8 PLATFORM whether in connection with a paid or free service.
By accepting these GENERAL TERMS, or authorizing or permitting anyone else to provide the SERVICE and use the SERVICES on YOUR behalf, YOU agree to be bound by these GENERAL TERMS and to act in accordance to these GENERAL TERMS, as well as FOUNDER8 Data & Privacy Policy and all other terms and conditions that generally apply to FOUNDER8 and are part of FOUNDER8 website , DIGITAL FORMS and DOCUMENTATION and the FOUNDER8 PLATFORM as a whole.
FOUNDER8 can change these GENERAL TERMS at any time. If a change is material, FOUNDER8 will inform in advance the affected parties and give reasonable time before they take effect. By using FOUNDER8 PLATFORM on or after that effective date or being PARTY to the SERVICES, YOU agree to the new GENERAL TERMS. If YOU don’t agree to them, YOU should inform FOUNDER8 and withdraw from being PARTY to the SERVICES before they take effect, otherwise the use of our site, content and being PARTY to the PLATFORM and the SERVICE or the SERVICES will be subject to the new GENERAL TERMS.
If YOU are entering into these GENERAL TERMS on behalf of a company, organisation or another legal entity, YOU are agreeing to them for that entity and representing to FOUNDER8 that YOU have the authority to bind such entity and its affiliates to these GENERAL TERMS. If YOU do not have such authority, or if YOU do not agree with them, YOU must not accept these GENERAL TERMS and must not use the FOUNDER8 PLATFORM and the SERVICES and you may not provide the SERVICE.
When used in these GENERAL TERMS or other associated documents referred to these GENERAL TERMS with the letters capitalized, in addition to words and phrases defined elsewhere in these GENERAL TERMS, words and phrases have the meanings specified in section DEFINITIONS.
YOU are invited to read these GENERAL TERMS. If YOU do not understand them, or don’t accept any part of them, then YOU must not use the FOUNDER8 PLATFORM and the SERVICES and you may not provide the SERVICE. YOUR online acceptance of the GENERAL TERMS forms a binding agreement between YOU and FOUNDER8 and shows YOUR intent to be bound by them. FOUNDER8 has relied on YOUR agreement to these TERMS in determining whether to provide YOU the rights to use the FOUNDER8 PLATFORM and the SERVICES and the right to provide the SERVICE
1. FOUNDER8 PLATFORM
1.1. Digital & Online: FOUNDER8 is a digital platform so all engagements and communication are performed online for all PARTIES and other parties, including founding team members, partners, contractors, clients and beyond.
1.2. Founder8 Content: FOUNDER8 reserves all rights in the look and feel of the FOUNDER8 PLATFORM and the SERVICES provided within it. Unless FOUNDER8 has made something explicitly available under open source licenses, any portion of the FOUNDER8 content may not be copied or adapted including but not limited to texts, images, visual design elements and logos without express written permission from FOUNDER8 unless otherwise permitted by law.
1.3. Disclaimer of Warranties: FOUNDER8 provides on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and FOUNDER8 expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. YOU acknowledge that FOUNDER8 does not warrant, unless otherwise explicitly agreed, that any part of FOUNDER8 PLATFORM or SERVICES will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software, and no information or advice obtained by YOU from FOUNDER8 or through the SERVICES shall create any warranty not expressly stated in these GENERAL TERMS.
1.4. Data Privacy and Security: FOUNDER8 will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of YOUR Data as described in our Data & Privacy Policy, and incorporated into these GENERAL TERMS. By being PARTY to the SERVICES or the SERVICE, YOU agree to let FOUNDER8 collect and use information as detailed in Data & Privacy Policy. By engaging with FOUNDER8, YOU agree to follow these GENERAL TERMS as well as any other Rules and Policies that are applicable or become applicable. Failure to do so, may result in revoking rights, removing content, or suspending rights of access to the FOUNDER8 PLATFORM and the SERVICES or to providing the SERVICE.
1.5. Internet: A high-speed Internet connection with minimum Download speed of 10Mbps and minimum Upload speed of 2MBps is required in regard to using the FOUNDER8 PLATFORM and the SERVICES and providing the SERVICE. YOU are responsible for procuring and maintaining the network connections, including, but not limited to, contemporary “browser” software, Google Drive and Documents, Calendly, RealTimeBoard, Skype, LastPass, Typeform, and email, and YOU are responsible to follow procedures for accessing these services at YOUR expense. FOUNDER8 is not responsible for notifying YOU of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by FOUNDER8. FOUNDER8 assumes no responsibility for the reliability or performance of any connections as described in this section and may at times require proof of YOUR compliance to this Section to ensure the quality of interaction between the PARTIES.
1.6. Online Documents: FOUNDER8 uses Google Documents as its Default working space. In order to thrive, everyone within the FOUNDER8 PLATFORM must have remote online business experience working in teams, excellent English both verbal and written, and to be digitally fluent to work with with digital tools, such as Calendly, Google Calendar, Google Docs, Google forms, Google Drive, Google Sheets, Google Slides, RealTimeBoard, Skype, LastPass and Typeform.
1.7. Observance of Values: During the SERVICES and the SERVICE, YOU commit to observing the values of FOUNDER8 and to perform at all times according to them as if YOUR own.
1.8. Evaluation: FOUNDER8 conducts surveys following the principles of the Net Promoter Score System (NPS) and other methodologies to monitor and evaluate the SERVICE, the SERVICES and the FOUNDER8 PLATFORM. YOU agree to cooperate in good faith when needed with regard to the implementation of the EVALUATION. Results of such EVALUATION may or may not influence our relationships but will always be reviewed and used to improve the FOUNDER8 PLATFORM in the future and SERVICES performed with it. YOU agree not to make any attempts of any kind that can be perceived as “gaming” the EVALUATION both personally and by advising anyone to answer survey questions in a way that makes the FOUNDER8 PLATFORM and the SERVICE and the SERVICES look better or worse, and will not to engage in any activities of any kind than try to improve the score instead of the experience with the FOUNDER8 PLATFORM or in relation to the SERVICE and the SERVICES.
1.9. FAQ & FEEDBACK: At any time when YOU have any questions with regard to FOUNDER8 PLATFORM, the SERVICES and the SERVICE and these GENERAL TERMS, YOU are obliged first to check the most recent version of the FAQs which strive to provide answers to common questions. Due to its nature, it will keep evolving so YOU are obliged to review it prior to having a question. If the question is not there, YOU shall use the Feedback form. FOUNDER8 appreciates feedback, questions and reflections from everyone, as it is evolutionary by nature and such questions and feedback help improve the FOUNDER8 PLATFORM and the SERVICES.
1.10. Intellectual Property Rights: Each of us shall maintain their own INTELLECTUAL PROPERTY RIGHTS (IPR). The rights granted to YOU to be PARTY to the SERVICE and SERVICES as well as the FOUNDER8 PLATFORM under these GENERAL TERMS do not convey any additional rights of the overall FOUNDER8 PLATFORM, or in any INTELLECTUAL PROPERTY RIGHTS associated therewith. Subject only to limited rights to access the SERVICES and the FOUNDER8 PLATFORM as expressly herein, all rights, title and interest in and to FOUNDER8 PLATFORM and to all information, data, DOCUMENTATION, hardware, software and other components including all related INTELLECTUAL PROPERTY RIGHTS, will remain with and belong exclusively to FOUNDER8. FOUNDER8 shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the FOUNDER8 PLATFORM or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from YOU. YOU may only use such FOUNDER8 BRAND to identify YOU as a PARTY to the SERVICE within the FOUNDER8 PLATFORM and by following the latest up-to-date version of the FOUNDER8 BRAND GUIDELINES provided YOU do not violate these GENERAL TERMS, YOU do not attempt, now or in the future, to claim any rights in the FOUNDER8 BRAND, degrade the distinctiveness of the FOUNDER8 Brand, or use the FOUNDER8 Brand to disparage or misrepresent FOUNDER8, its services or products.
2. YOUR CONTENT
2.1. Submitting Content. For the purpose of being part of FOUNDER8 PLATFORM, YOU may submit YOUR CONTENT through a DIGITAL FORM. YOU retain IP rights over YOUR CONTENT. Upon receiving FOUNDER8’s approval, YOUR CONTENT may become part of the FOUNDER8 PLATFORM and your submission of YOUR CONTENT is an indication of your consent for that. Non-receival of approval within 90 days of the application shall be considered as a rejection. YOUR CONTENT is evaluated based on the provided information upon application and other public information. The selection criteria is a proprietary information and no information will be provided on the reasons for rejection. YOU provide YOUR CONTENT to FOUNDER8 at YOUR own risk. By accepting these GENERAL TERMS, YOU agree that YOU are solely responsible for YOUR CONTENT in connection with FOUNDER8, any breach of YOUR obligations under these GENERAL TERMS, and for the consequences of any such breach.
2.2. Selection of YOUR CONTENT. If YOU are providing YOUR CONTENT for BLOGS, YOU should follow the guidelines provided. YOU understand that not all submissions will be selected for publishing on the FOUNDER8 PLATFORM. FOUNDER8 may reject submissions that don’t meet our guidelines or we otherwise feel are not a good fit with our YOUR CONTENT. If YOUR CONTENT is selected, we will try to provide you with notice at least one week before the date we intend to publish your blog post and social media post so that you are available to monitor and answer questions or comments on each post.
2.4. License to publish. By providing FOUNDER8 with information in the relevant DIGITAL FORMS, YOU give FOUNDER8 a non-exclusive license to publish YOUR CONTENT and YOU agree that FOUNDER8 may enable marketing and advertising including such information and may promote FOUNDER8, including its products and content. FOUNDER8 will never feature YOUR CONTENT on FOUNDER8 PLATFORM or sell it to third parties without YOUR explicit permission. Submitting a BLOG, YOU give us such explicit permission.
2.5. Content-related Risk. YOU assume all risks related to YOUR CONTENT and you provide, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By providing YOUR CONTENT to FOUNDER8, YOU represent that it is correct and doing so doesn’t conflict with any other agreement you’ve made. By providing content YOU didn’t create to FOUNDER8, YOU are representing that YOU have the right to do so by posting a work that’s in the public domain or under a free license such as Creative Commons or by purchasing a license that allows you to use the content in commercial and advertising projects.
2.6. Editing and Removal of YOUR CONTENT. FOUNDER8 can edit or remove any of YOUR CONTENT to align with the rest of the content on the FOUNDER8 PLATFORM or for another reason. FOUNDER8 also reserves the right in its sole discretion to terminate YOUR participation in the FOUNDER8 PLATFORM at any time. YOU can request the deletion of YOUR CONTENT anytime. Processing the deletion may take time, but FOUNDER8 will do it as quickly as possible.
3. MISCELLANEOUS
3.1. Entire agreement and Amendments: These GENERAL TERMS, together with related DOCUMENTATION (s) and DIGITAL FORM(s), constitute the entire agreement, and supersede any and all prior agreements between YOU and FOUNDER8 with regard to the subject matter hereof. FOUNDER8 may amend these GENERAL TERMS from time to time, in which case the new GENERAL TERMS will supersede prior versions. Nothing in these GENERAL TERMS constitutes a promise for your commercial engagement. Participation in a commercial engagement is subject to the acceptance of the relevant for it terms.
3.2. Waiver: FOUNDER8’s failure to enforce at any time any provision of these GENERAL TERMS does not constitute a waiver of that provision or of any other provision of the GENERAL TERMS. If FOUNDER8 waives any term, provision or YOUR breach of these GENERAL TERMS, such waiver shall not be effective unless it is in writing and signed by FOUNDER8. No such waiver of a breach of these GENERAL TERMS shall constitute a waiver of any other or subsequent breach by YOU.
3.3. Successors and Assigns: YOU may not subcontract or otherwise delegate YOUR obligations under these GENERAL TERMS without FOUNDER8’s prior written consent. Subject to the foregoing, these GENERAL TERMS will be for the benefit of FOUNDER8’s successors and assigns, and will be binding on YOUR assignees.
3.4. Severability: If a court of law holds any provision of these GENERAL TERMS to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision and (b) the legality, validity and enforceability of the remaining provisions of these GENERAL TERMS shall not be affected thereby.
3.5. Survival: Termination of the GENERAL TERMS partially or in full shall not limit liability for obligations accrued as of or prior to such termination or for any breach of these GENERAL TERMS.
3.6. Limitation of Liability: Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either PARTY to these GENERAL TERMS, or their affiliates, officers, directors, employees, agents, suppliers or licensors be liable to the other PARTY or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such PARTY or third party in connection with these GENERAL TERMS or the SERVICE, regardless of whether such PARTY has been advised of the possibility of or could have foreseen such damages. Notwithstanding anything to the contrary in these GENERAL TERMS, FOUNDER8’s aggregate liability to YOU or any third party arising out of these GENERAL TERMS or otherwise in connection with the use of FOUNDER8 PLATFORM, the SERVICES and the SERVICE, shall in no event exceed the value of the SERVICE. Some jurisdictions do not allow the limitation of liability which means that some of the above limitations may not apply to YOU. In these jurisdictions, FOUNDER8 liability will be limited to the greatest extent permitted by law.
3.7. Governing Law: These GENERAL TERMS shall be governed in all respects by the laws of the European Union, as such laws are applied to agreements entered into and to be performed worldwide. Notwithstanding anything in the foregoing to the contrary, a claim for equitable relief arising out of or related to these GENERAL TERMS may be brought in any court of competent jurisdiction.
3.8. Notices: Any notice required or permitted by these GENERAL TERMS shall be executed electronically and in writing and shall be delivered as follows, with notice deemed given as indicated by email transmission, upon acknowledgment and confirmation of receipt of electronic transmission; Notice shall be sent to the address set here or to such other address as either PARTY may provide electronically and in writing to the following FOUNDER8 Email: terms@founder8.com.
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