“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars.
“Free Version” means the basic version of the Platform provided free of charge;
”Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, patents, utility models and rights in designs;
“Personal Data” shall have the meaning described in the General Data Protection Regulation (EU 2016/679).
“Premium Version” means the premium version of the Platform provided as a subscription service with a monthly fee;
“User Account” means the user account created by you as described in section 4.1;
“User Data” means all data (including Personal Data) provided by you in the Platform;
“Users” means any person appointed by you to access the User Account (applicable only in Premium Version).
3.1 The Platform is a service which will help you optimize your readiness to raise capital. Our ambition is to constantly develop the Platform and therefor the exact design and features will change over time.
3.2 The Platform is provided as a Free Version and a Premium version. In some cases, separate terms will apply. However, if not explicitly stated, the provisions below apply for both versions.
4.2 By creating a User Account and thereby accepting the Terms, you receive a worldwide, non-transferable and non-exclusive right to access and use the Platform.
4.3 If you subscribe to the Premium Version of the Platform, you may, in accordance with the instructions in the Platform, add (and remove) Users to access and use the content of your User Account. You are responsible (i) to ensure that the Users act in compliance with these Terms when using the Platform; and (ii) for all acts and omissions of Users in relation to the User Account, including their compliance with these Terms.
4.4 By following the instructions in the Platform, you can delete your User Account and any information stored therein.
5.1 Pitchago may discontinue your access to parts of or all of the User Account and the Platform with immediate effect and during the time it lasts if:
5.2 If any of the above is remedied, Pitchago may give you and/or Users access again to the Platform. During the period while the access to the User Account and Platform is discontinued you will remain responsible for all fees accrued. However, if access is discontinued in accordance with (a) or (c) above, Pitchago may at its sole discretion choose to terminate the Terms with immediate effect.
6.1 Pitchago provides the Platform “as is” and is not responsible for damages caused by errors or disruptions in the Platform. We are under no circumstances obliged to pay compensation or damages for any errors, deficiencies, loss of data or other breach of contract on our part that goes beyond what is stated in these Terms.
6.2 Pitchago shall use reasonable endeavours to maintain the availability of the Platform to you but does not guarantee 100% availability.
6.3 Pitchago may from time to time suspend the Platform for the purpose of maintenance. Pitchago shall, to the extent possible, ensure that maintenance is carried out outside normal business hours.
6.4 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of these Terms:
7.1 You shall only use the Platform in accordance with these Terms and the instructions made available in the Platform by Pitchago.
7.2 The User Account is personal and only allowed to be used by you, or Users. You undertake to ensure that no one else but you can use any login details linked to the User Account, and that these are stored in such a way that unauthorised persons cannot access the information. If you suspect that the User Account is being used unauthorised, you shall report this to Pitchago. We are not responsible for any losses caused by the unauthorised use of your login details.
7.3 The right to access and use the Platform granted to you under section 4.2 above is subject to the following conditions:
8.1 Signing up for the Premium Version, means you shall pay the monthly fees set out in Pitchago’s from time to time applicable price list. Unless otherwise agreed in writing, you shall pay the fees not later than thirty (30) days from the date of Pitchago’s invoice.
8.2 In the event that you at any time should fail to make payment in full on the due date, Pitchago shall be entitled to claim interest in accordance with the Swedish Interest Act.
9.1 Pitchago warrants that the Platform, when used by you in accordance with these Terms:
9.2 If Pitchago reasonably determines, or any third party alleges, that the use of the Platform by you in accordance with these Terms infringes any third party’s Intellectual Property Rights, Pitchago may at its own cost and expense:
9.3 The Customer acknowledges that complex software is never wholly free from defects, errors, bugs, or security vulnerabilities, and thus Pitchago gives no warranty or representation that the Platform will be wholly free from defects, errors and bug or that the Platform will be entirely secure.
10.1 Pitchago shall indemnify you from and against any liability to third parties arising from a claim that the use of the Platform infringes upon any third party’s Intellectual Property Rights provided, however, that Pitchago shall have no liability if such claim arises from (a) User Data or (b) if applicable, any modification, combination or development of the Platform that is not performed by Pitchago or on its behalf.
10.2 You shall indemnify Pitchago from and against any liability to third parties arising from your violation of these Terms.
10.3 In events described in sections 10.1 and 10.2 above, the party making the claim must provide the other party with prompt written notice of any claim and allow such other party the right to assume the exclusive defence and control, and cooperate with any reasonable requests assisting defence and settlement of such matter.
10.4 Neither party shall be liable to the other party for loss of profit, production, goodwill or other indirect damage or loss, including the other party’s liability to pay compensation to a third party, or for loss of data.
10.5 Pitchago does not guarantee or endorse the accuracy, completeness, reliability or suitability of any content, advice, statement, opinion or any other information contained, displayed or extracted from the Platform.
10.6 Pitchago excludes any warranties and responsibilities concerning the results or reports obtained by you from the Platform and shall not be liable for any claims, losses or damages arising from inaccuracy, delay, omission, bug or error in the Platform nor actions taken as the result from your use of the Platform or any reliance on its content, advice, statement, opinion or any other information contained, displayed or extracted from the Platform.
10.7 Under no circumstances shall the content, advice, statement, opinion or any other information contained, displayed or extracted from the Platform be used or considered as offer, solicitation, or recommendation to sell or buy any security.
10.8 The maximum liability of Pitchago under these Terms in respect of any event or series of related events shall not exceed the amount paid and payable by you for the Platform for the preceding twelve (12) months.
10.9 The limitation in respect of a party’s liability in damages pursuant to this section 10 shall not apply where the party has acted intentionally or grossly negligent.
10.10 Neither party shall be liable for delay or damage caused by a Force Majeure Event.
11.1 You retain all rights, title and interest, including all Intellectual Property Rights, in all User Data. You grant Pitchago a worldwide, non-exclusive, limited term license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate User Data to the extent required for the performance of Pitchago’s obligations and the exercise of Pitchago’s rights under the Terms. This includes the right for Pitchago to anonymise and aggregate the User Data to produce statistics and to improve the Platform. You also grant Pitchago the right to sub-license these rights to its hosting, connectivity and telecommunication service providers.
11.2 You are responsible for:
11.3 Pitchago, or any third party from whom Pitchago derives its right, owns and shall retain all rights, title and interest, including any Intellectual Property Rights, in and to the Platform. Nothing in these Terms shall be deemed as an assignment or transfer of any Intellectual Property Rights from Pitchago to you, or from you to Pitchago.
The parties hereby undertake during the term of this Terms and thereafter, to maintain in absolute confidence any Confidential Information (as defined below) disclosed by the other party in connection with your use of the Platform and not to disclose any Confidential Information thus received to any third parties.
For the purposes of these Terms, “Confidential Information” means any and all information (whether in written or oral form) save as provided under (a) – (d) below:
13.1 If you use the Basic Version, the Platform may be used until further notice. You may terminate your use of the Platform without any notice period, termination must however be made in writing, e.g. by mail.
13.2 If you use the Premium Version, the Platform may be used until further notice. You may terminate your use of the Platform with [(3) three] months’ written notice, e.g. by mail. However, either party is entitled to terminate these Terms and the use of the Platform with immediate effect if the other party:
13.3 Upon termination of these Terms, all the provisions hereunder shall cease to have effect if not explicitly stated otherwise. However, it shall not affect your obligation to pay Pitchago any accrued fees under these Terms.
14.1 These Terms and the instructions provided to you in the Platform constitute the entire terms regarding the use of the Platform.
14.2 Pitchago has the right to make amendments and changes to these Terms and will notify you through the Platform in a reasonable time before amendments or changes are implemented. However, Pitchago will not notify you if the amendment or change is of limited importance or is caused by a change in law or regulation or governmental decisions. In regard to change of fees for the Premium Version, you will be able to end the subscription at the implementation of the new fees.
14.3 A new version of these Terms is effective from the time set out in the new version. After such time, it becomes effective against you the first time you use the Platform, or in any other way approves the new terms. The from time to time applicable Terms is available in the Platform.
14.4 Neither party may, without the other party’s written consent, transfer or otherwise assign, partially or in full, any of its rights or obligations pursuant to the Terms. Without prejudice to the foregoing, Pitchago may transfer its rights and obligations pursuant these Terms in connection with business transfer concerning the Platform.
14.5 Should any provision in these Terms or part thereof be found void or invalid, the other provisions of these Terms shall remain in force and the provision may be amended to the extent such invalidity materially affects the rights or obligations of either party pursuant to the Terms.
15.1 These Terms shall be governed by and construed in accordance with the laws of Sweden.
15.2 Any dispute, controversy or claim arising out of or in connection with your use of the Platform, or these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). The seat of arbitration shall be Gothenburg and the language to be used in the arbitral proceedings shall be Swedish.
15.3 The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
Do not hesitate to contact us on the following contact details if you have any questions or complaints regarding the Platform.
Pitchago AB, Västra Stationsvägen 13, SE 436 44 Askim ,Sweden