Please note that your use of and access to our platform and services as defined below are subject to the following terms; if you do not agree with these Terms of Use, you may not use or access the platform and services in any manner.
1. INTRODUCTION
Welcome to Owliko. We provide a platform that aims to help startups fail or progress faster by offering equal decentralized access to services, such as analysis, testing, funding and scaling, as well as to enable investors to discover new verified investment opportunities (the “Platform”). The Platform offers solutions to technical and financial challenges of startups worldwide in order to level the playing field and help both the startups itself and any investors by increasing the chances of success and lowering chances of failure and loss of funds. Owliko does or may, in addition to the Platform, also offer other services and products, which shall altogether be referred to as the “Services”. Before using our Services please carefully read the rules and restrictions that govern your use of our website https://owliko.com, Platform and Services. For any questions, comments or concerns regarding these terms or Services, please contact us at info@owliko.com.
1.1. Binding nature of the Terms
These Terms of Use (the “Terms”) are a binding contract between you and ARCHIMEDES PRINCIPAL Ltd., a company registered under the laws of the Republic of Slovenia with the company number 8315957000 (“Owliko”, “we” and “us”). By visiting our website, Platform and using the Services in any way, it will be considered you agree to and accept all of these Terms of Use. In order to actively participate on the Platform, you must register your Owliko user account. By registering your Owliko user account, it will be deemed that this agreement has been concluded. These Terms govern your access to the Services and use of all data, content and other information on Owliko website and Platform.
1.2. Change
Due to our constant effort to improve our Services, these Terms as well as Services may need to change from time to time in our sole discretion, effective upon posting the amended Terms. If you will be using our Services and our Platform after any changes to these Terms have been posted, that will mean you have been acquainted with such changes, you understand them and agree with them. However, if you do not agree with the changes, you shall cease using our Services immediately and send a termination notification to info@owliko.com. Except for changes made by us as described above, no other change or modification of these Terms will be effective. However, in some cases you and us may, in mutual understanding, conclude additional changes or agreement under condition that such agreement or amendment will be signed by you and Owliko.
2. PRIVACY
The privacy of our users is extremely important for us. Please read carefully our Privacy Policy to learn more about how we collect, store, process and use information about you via our Platform and the Services. The Privacy Policy is considered to be part of these Terms. The Privacy Policy explains how Owliko treats your personal information and protects your privacy when accessing our Platform and using the Services.
Our Services are available to persons who are at least 18 years of age and have legal capacity. For persons who have not gained legal capacity it is required to obtain parental or guardian consent before they provide us personally identifiable information. We do not knowingly collect or solicit personally identifiable information from persons under 18 or without legal capacity. If you are under 18 or do not have legal capacity, please do not attempt to register for the Services or send any personal information to us. If you wish to use our Services based on parental or guardian consent, please send us an inquiry to info@owliko.com prior to providing us with any personally identifiable information. However, if you register for our Services we will consider you hereby represent and warrant to us that you are of legal age and have legal capacity. We retain our right to ask you to provide us with evidence of such consent at any time and without stating a reason. If you believe that a person under 18 or without legal capacity may have provided us personal information, please contact us at info@owliko.com.
3. YOUR ACCOUNT
For using our Services you may be required to sign up for an Owliko user account. You will be required to provide us with your valid e-mail address and choose a password. You are obliged to provide us with accurate, complete and updated registration information about yourself. Your right to access the Platform and the Services is only for your personal use and you may not transfer your account to any third person unless obtaining our prior written consent. It is your responsibility to protect the security of your account and your password, and you will be held responsible for any activity associated with your account.
Each user may only sign up for one Owliko user account. If it comes to our attention that you are operating with several Owliko user accounts, we may within our own discretion either immediately block or delete any such user accounts or request from you to identify your main user account prior to deletion of the other user accounts.
4. STARTUPS AND SUBMITTING THE APPLICATION FORM
A startup is a team of people, an individual or a legal entity, who joins the Platform with an intent to join the process of developing, growing, improving or crowdfunding its product (“Startup”). This section 4 applies only to Startups.
Every Startup, wishing to participate in the Platform as a Startup, regardless of its legal form or lack of it, has to sign up for such a position in accordance with the terms set out herein. Owliko reserves its right to discretionary accept or reject Startup submissions without any requirement for explanation. Each Startup shall submit a set of information, as defined in our application form, accessible through our Platform (“Startup Information”). The Startup Information may be forwarded to us on the behalf of the Startup, submitted by its team member, namely founders, team members, employees, advisors etc. By submitting the Startup Information you fully guarantee to us that you were authorized to submit it on behalf of the Startup.
By submitting the form with Startup Information you provide us with the information about the Startup. You guarantee:
to provide us with accurate, complete and updated Startup Information;
to provide us with content that you have the right to provide to us and allow Owliko to display the Startup Information in its website and the Platform;
that you will update the Startup Information as needed for it to remain true, correct and complete during the entire time of use of the Services;
that you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you to Owliko.
We cannot and will not be responsible for your Startup Information and use of the Services in a way that breaches the applicable law.
By submitting the Startup Information you agree that Owliko can and will share the information you provided to us in the Startup Information with Owliko community evaluators for the purpose of evaluating your Startup. You also agree that all information (except confidential business information) provided to us by you may be published on our Platform with the startup’s own profile and will be visible to other users of our platform. Furthermore you understand and agree that by submitting the Startup Information your startup might be subject to rating, whereby the results will be publicly visible.
You, as a Startup, are aware that you will be generating know how, solutions, source code, designs and other forms of intellectual creations (“Content”) through your activities in the Platform. You are licensing to us the right to publish all Content you deliver to us by submitting the Startup Information to the Platform. Furthermore you grant us the right to harness the information received based on Content submitted by you (e.g. evaluation of your Startup), including to share the information with third parties (eg. investors and/or other Platform users). If you do not have the right to submit Content for such use, it may subject you to liability. However, Owliko will not be responsible or liable, and you will hold Owliko harmless from damages as a result of any use of your Content by Owliko in accordance with these Terms or any other agreement concluded between you and us.
You understand and agree that we might decide to publish only a few submitted Startups and your Startup might not be among them. However, you hereby explicitly agree that we may decide to publish your Startup Information anytime later. You also understand and grant us the right to use the Startup Information in accordance with these Terms.
You agree and understand that you will have no right to influence our decision on which Startups we publish, as such decision will be made in our sole discretion. We also may decide to invite some of the submitted Startups for cooperation in some other form (e.g. for participating in a funding program or similar). However, such decisions will solely be in our discretion. You hereby agree and understand this is only an option, whereas you have no influence over the decision or right to enforce such cooperation or claim damages. Whereas, our potential additional cooperation shall be subject to an appropriate separate agreement to be concluded between the Parties.
4.1. Acting on behalf of third persons
If you are agreeing to these Terms on behalf of a Startup you represent and warrant that you are duly authorized to agree to these Terms on behalf and for the account of the Startup legal entity, individual or, in case of a group of individuals, all of them (“Startup Team Members”). In such case the reference to “you” and “your” in these Terms (except for in these paragraph) refer to that legal entity, individual or all Startup Team Members, especially if you provide any personal information about them. You are solely responsible to have legal basis for acting on behalf of such a legal entity or Startup Team Members or for acquiring authorization from such legal entity or Startup Team Members. In case you are providing information on behalf of a legal entity or personally identifiable information of Startup Team Members, it is automatically considered you have acted as a duly authorized person to provide us with such information and we cannot in any way be held liable to you or any third person if you have acted without legal basis or authorisation. If you disagree with information being provided to us, please contact us at info@owliko.com. We retain the right to delete a startup profile in whole or partially without notice or notification and without liability in case we find out that the Startup Information have not been submitted appropriately.
4.2. Other requirements and restrictions
Your use of the our Platform and the Service is subject to the following restrictions: You represent, warrant and agree that you will not contribute or submit any Content or other materials or use the Services in any manner that:
infringes or violates third party intellectual property rights or any similar rights (including the rights of Owliko’s);
violates applicable law or regulation;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
jeopardizes the security of your Owliko account or anyone else’s account in any manner;
violates the security of any computer network in any manner or extend;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
Any kind of violations as described above leads to immediate termination or suspension of your right to use our Service.
5. PROTECTION OF INTELLECTUAL PROPERTY
Owliko respects yours and others intellectual rights and requires you to do the same. The Content available on our platform is protected by copyright and/or intellectual property laws. You guarantee to abide by all copyright notices, trademark rules, information and restrictions contained in any Content you provide or access through our platform. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s rights (including Owliko's).
You understand that Owliko owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Services.
We will respond to all notices of alleged copyright infringement that comply with legal requirements, however we will not in any way be held responsible for protecting your or others intellectual property.
If you believe that your copyrighted work is at disposal on our Platform without your consent in such a way that it constitutes copyright infringement or violates your intellectual property rights in any way please send us a notification stating the infringement as soon as possible to info@owliko.com. When sending the notification please identify the infringement and specify the Content which you believe violates your intellectual property rights and evidence. Please include your contact details on which you wish we respond on.
We will remove the Content infringing or violating intellectual property rights as soon as possible, at our sole discretion, without notice and under no liability. We may also decide to terminate the user’s account.
6. THE CONTENT AND LIMITATION OF OUR LIABILITY
6.1. Obligation with regard to Content
You understand that any other Content you find on our platform or through Owliko is the sole responsibility of the person who originated such Content and you hereby waive any objections you might have with respect to viewing such content.
By using our Service you understand that:
we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content on our platform or provided to us by our users;
we do not control or endorse the Content or information found in the Services or external websites that may be linked to or from Owliko and therefore we specifically disclaim any responsibility with regard thereto;
we do not provide any investment advice. If you purchase tokens from any Startup introduced on our Platform or based on information received on our Platform, you understand that we cannot in any way be held liable for such purchase decision and we strongly advise you to purchase tokens from Startup introduced on our Platform only after you have carefully reviewed and assessed its whitepaper, business plan and all other documentation that you can receive in relation to the Startup you wish to support;
we are not in any way obligated or responsible for doing due diligence on the submitted Startups or other users or verifying any representations, materials or other information provided to us by you or any other user;
we do not act as investment adviser or investment broker and no part of our Platform is intended to constitute investment advice;
we do not recommend any Startup for investment, endorse or guarantee their fitness for investment or verify or claim the accuracy of information provided by startups to us;
we are not obligated to maintain the Content you provided to us as confidential, in fact we reserve the right to publish it if not explicitly agreed otherwise;
Owliko has no obligation to monitor or enforce any intellectual property rights associated with Content you provide to us, however you shall indemnify us and hold harmless against any cost, expenses or obligations, liabilities or undertakings of any kind towards any third parties in relation to this subject matter. In case any violations are brought;
Owliko has no obligation to accept, display, review, verify, monitor, update or maintain any Content submitted by you and other users, user forum posts, user comments, ratings or any other comments. We retain the right to delete Content or any any kind of comments from the platform without notice and for any reason at any time based on our sole discretion right and without liability. We may edit, alter, remove, move, reformat or refuse to exploit Content or any comments at any time without notice to you and without liability.
6.2. Reservation of Owliko's rights
Right to control the Content. Owliko may (but is not obligated or required to) monitor or review the Content posted on the platform. Owliko cannot be in any way held liable for any Content posted on the platform. Owliko reserves the right to delete any Content provided by you at any time without your consent or notice to you.
Right to change or terminate the Service. Owliko may at any time change in any way or discontinue the Service without notice to you and without liability.
Right to terminate user’s account. Notwithstanding the provisions regarding the sanctioning of multiple user account operation under clause 3, Owliko reserves the right to terminate your account without notice. If you violate these Terms, Owliko reserves the right to pursue any remedies at law or in equity if needed to protect its interests.
6.3. Indemnification and limitation of liability
You agree to indemnify and hold Owliko and any Owliko employee, advisor or partner harmless (including again costs and attorney’s fees) from any claim or demand made by any third party in any kind of relation to your use or your access to the Services, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any Content posted through the Services by you (including claims related to defamation, invasion of privacy or other violation of a person’s rights). Your obligation under the foregoing indemnity may not be offset against any other claim you may have against Owliko and any Owliko employee, advisor or partner. You remain solely responsible for all Content that you upload, post, e-mail, transmit or otherwise disseminate using, or in connection with, the Services. You acknowledge and agree that provisions in this paragraph will survive any termination of your account(s) and/or the Service.
You also hereby release any claims you may have against Owliko and any Owliko employee, advisor or partner that are in any way related to the Services or your use of Content or submitting of the Startup Information by you or any other person, including any representations, recommendations or referrals you may receive as a result of your registration with Owliko.
Owliko makes no representations or warranties concerning any content contained in or accesses through the Service, and we will not in any way be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representation or warranties regarding suggestions or recommendations or evaluations of Service and / or startups, published on our platform.
The services and content are provided by Owliko on an “AS-IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, neither the company nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “company parties”) warrant that the services will be uninterrupted or error-free.
To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort and that the company parties shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the services. You further specifically acknowledge that the company parties are not liable, and you agree not to seek to hold the company parties liable, for the conduct of third parties, including other users of the services and operators of external websites, and that the risk of the services and external websites and of injury from the foregoing rests entirely with you.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content.
7. TERM AND TERMINATION
These Terms will remain in effect at all times while you use the Service or any data obtained through the Service unless terminated by us. You may only use the Service and Content in a manner that complies with all laws that apply to you. Please note we cannot in any way be held responsible for your use of the Service in any way.
You may at any time delete all Content you have provided to us and/or cease to use Service. You may at any time send a request to terminate your account and/or to delete the Content by sending us mail to info@owliko.com. We promise you that we will delete your account and/or Content you provided to us as soon as possible. However we may keep derivative information we received from you (information based on e.g. statistical analysis of your information or aggregated information that include information you provided to us).
We may terminate these Terms at any time, particularly if you do not respect requirements as described in clause 4. Provisions of these Terms which by their nature are designed to survive termination shall survive any termination or expiration of this Agreement.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your user account without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent based on our sole discretion right.
8. ARBITRATION
You and the Company agree that any arbitration shall be limited to the dispute between you and us individually.
We wish to resolve any dispute in an amicable manner. However if this will not be possible the dispute will be settled by arbitration described below.
All disputes or claims arising out of or in connection with these Terms, shall be governed by and construed in accordance with the substantive laws of the Republic of Slovenia. All disputes or claims arising out of or in connection with these Terms, including disputes relating to their validity, breach, termination or nullity, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia with the application of the Rules for Expedited Arbitral Proceedings. The Arbitral Tribunal shall be composed of a sole arbitrator. The seat of the arbitration shall be Ljubljana, Slovenia. The language to be used in the arbitral proceedings shall be English.
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand and agree that by entering into these Terms, you and Owliko are each waiving the right to trial by jury or to participate in a class action.