TERMS & POLICIES

Cinch Terms of Service

Effective Date: April 20, 2021

These Terms of Service (“Terms”) govern your use of our website (the “Site”) and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by Cinch, Inc., a Delaware corporation (“Cinch”, “we”, “our” or “us”).

Note: These Terms include your agreement to arbitrate most disputes and a waiver of your right to bring class action lawsuits, which affects your rights. Please see Section 13.

Note: Your subscription will automatically renew unless you tell us to cancel your subscription before the start of the next subscription period as described in Section 5.

Our Privacy Policy, available at https://www.getcinch.io/privacy-policy,is incorporated by reference into these Terms. Please read these Terms and the Privacy Policy carefully before you access the Services, as these Terms form a binding legal agreement between you and Cinch.

If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity.  By accessing, registering for, or using the Services, you: (1) acknowledge that you have read and understand these Terms;(2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USETHE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMSAS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATEDBY REFERENCE HEREIN, WHICH INCLUDES THE CINCH PRIVACY POLICY.

1. Overview of Services; Disclaimer.

  1.1. Overview of Services. Cinch is a data analytics company founded to service both the venture capital investors with a market leading startup application pre-screening tool, and startup companies with a platform that will help them find and raise investor capital. Startup companies may use the Services to complete Cinch’s proprietary company assessment tool (“Cinch Assessment”) to render a metric for potential investment (“Cinch Score”). The specific features and functionality of our Services are dynamic and may change from time to time.

  1.2. Disclaimer. We reserve complete and sole discretion with respect to the operation of our Services.  We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Services at anytime.

2Your Eligibility; Your Responsibility

  2.1  General. To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside;(ii) are not currently restricted from the Services and are not other wise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to Cinch;(v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of Cinch or a third party. You assume all responsibility for your use of, and access to, the Services. Accounts are for either: (a) venture capital or other early stage investors (collectively, “Investors”); or (b)early stage or startup companies (collectively, “Startups”). Any multiple-party use, other than individual use on behalf of an Investor or Startup, is prohibited. For example, sharing a login between an Approved Investor (as defined in Section 2.2) and any non-Approved Investor is prohibited.

  2.2  Investor Eligibility. Cinch, in our sole discretion, shall establish the criteria for your eligibility to access the Services as an Investor, as may be updated from time to time. Factors that will be used to determine your access to the Services as an Investor include, without limitation, referral by an Approved Investor, your business email matching the name of your fund, and your social media history validating your status as an Investor. Any Investor that meets the criteria to access the Services as an Investor set forth by Cinch will be deemed an “Approved Investor.”

  2.3  Startup Eligibility. In order to have access to the Services as a Startup, you must either (a) obtain a free assessment code from an Approved Investor (“Referred Startup”); (b) purchase our Paid Services, as further described in Section 5 (“Active Startup”); or (c)receive permission from us to use and access a more limited set of Service features and functionality than Referred Startups and Active Startups(“Pre-Active Startup”). The Approved Investor that sends the Referred Startup its free assessment code shall have exclusive right to view the Content (as defined in Section 3) of such Referred Startup for thirty (30) days (“Exclusive Period”). Each Referred Startup will be given access to the Cinch Assessment. Upon completion of the Cinch Assessment, each Referred Startup will receive a Cinch Score. If you are a Referred Startup, you immediately lose access to the Services at the end of the Exclusive Period, unless you become registered for Paid Services (as defined in Section 5).

3. Personal Information; Your Content; Your Account

  3.1.  Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. Cinch shall undertake reasonable efforts to verify the identity of Investors. You hereby release Cinch from all claims, demands, or damages of every kind, known or unknown, in any way connected with any false information or otherwise misrepresented information provided to Cinch from any Investor (including Approved Investors) or Startup. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542,which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

  3.2. Privacy. To use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and other wise use your information in accordance with the terms of the Cinch Privacy Policy, available at https://www.getcinch.io/privacy-policy.

  3. 3. Your Content. As between you and Cinch, you own the information, materials, or other content (the “Content”)you provide Cinch under this Agreement. Any Content that you upload or otherwise provide to Cinch in connection with the Services may be used by Cinch in order to provide and promote the Services or Cinch’s business. Accordingly, you grant to Cinch, and all of its subsidiaries, affiliates, successors, and assigns, a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive, and transferable right to use, publish, reproduce, distribute, modify, prepare derivative works of, adapt, publicly display and otherwise use the Content. You authorize us to use, forward, or post your profile or related information on other sites and services. Additionally, you authorize us to use your corporate logo and corporate name, if applicable, for any promotional purposes (to opt-out, email us at opt-out@getcinch.io).Notwithstanding the foregoing, you retain all rights to the Content, except as otherwise provided herein or as otherwise provided in any other agreement between you and Cinch. Any Content you submit to us is provided at your own risk of loss. You are solely responsible for all Content you share, provide, display, publish, or disseminate to others, whether such action was taken by us or you. By providing Content to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). Cinch may also remove or delete your Content from the Services at any time in its sole discretion.

Additionally, you agree that data derived by us from our performance of the Services or input by or feedback from you may be used for the purposes of analysis, including statistical analysis, trend analysis, creation of data models, and creation of statistical rules. The results of such analysis may be used by us for any lawful purpose both during and following the termination or expiration of these Terms.

  3. 4. Interactions with Other Users. You are solely responsible for all interactions with other users. You acknowledge and agree that we do not have an obligation to verify any Content or other information provided by users on the Services. Cinch offers various forums which allow you to post comments. Cinch also enables sharing of information by allowing users to post content and information, including links and other information. Pursuant to the license granted by you above, Cinch may grant other users of the Services access and share rights to your Content in accordance with these Terms, your settings and the nature of your connection with such other users; provided, however, Cinch will not share the rights to your Content to any Investor without your express permission. Notwithstanding the foregoing, a Referred Startup automatically grants express permission to Cinch to grant access and share rights to such Referred Startup’s Content to the Approved Investor from which such Startup received a free assessment code, during the Exclusivity Period, in accordance with these Terms and as described above. Information you share may be seen and used by other users of the Services. Cinch cannot guarantee that users of the Services will not use the information that you share on Cinch, nor the manner of use. Cinch is not responsible for another user's or other third party’s misappropriation or misuse of your Content or other information. You are solely responsible for your interactions with other users. Additionally, Cinch is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the Content (including, without limitation, the Cinch Score derived from such Content) or any other information provided by other users or any other third party. You hereby release Cinch from all claims, demands, or damages of every kind, known or unknown, in any way connected with (i) any relationship arising between users of the Services, (ii) any dispute between you and another user, or (iii) arising out of any services which originated through the Services or were otherwise provided by a user (including, without limitation, a Cinch Score). If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” Additionally, you agree to immediately report to us any false information provided or misconduct by any user of the Services.

  3.5. Your Account. Except for your Content licensed to us as set forth above, the account you create and any related profile is owned by us. With regard to your account, you agree to: (i)keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account.

  3.6. Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Cinch (“Feedback”) to Cinch. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Cinch shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Cinch under any circumstances relating to such Feedback.

4. Personal Use; Limited License; Ownership

Subject to the terms and conditions herein, Cinch grants you a limited, revocable, on-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or Cinch authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This licensee's personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of Cinch. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Cinch.

Furthermore, without the prior written approval of Cinch, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not tore move, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Cinch are licensed, not sold. The Services, and all copies of the Services, are owned by Cinch or its third-party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Cinch reserves all rights not expressly granted to you herein. You agree that you have no right to any Cinch trademark or service mark and may not use any such mark in any way unless expressly authorized by Cinch.

Makin unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your Cinch account, prohibition on use of the Services, and further legal action. Cinch reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.

Cinch is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Cinch harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.

5. Fees; Payment Terms; Credits

If you purchase any Services that we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services when due plus all related taxes. For any Referred Startup that wishes to continue access to the Services, the fees for the Paid Services will be $29.95/month. For any Active Startups, fees for the Paid Services will be as follows: (a) $99.00 for thirty (30) days of access to the Services; (b) $149.00 for ninety (90) days of access to the Services;(c) $199.00 for six (6) months of access to the Services; or (d) $299.00 for twelve(12) months of access to the Services. Unless you select the Paid Services described in Section 5(d) above, payment of all fees must be paid in total and prior to receiving access to the Services. If you select the Paid Services described in Section 5(d) above, you may pay fees for the Paid Services either(i) monthly in advance to receiving access to the Services at $27.95/month; or(ii) in total and prior to receiving access to the Services. Fees for the Paid Services for each Active Startup includes access to the Cinch Assessment. Upon completion of the Cinch Assessment, each Active Startup will receive a Cinch Score.

All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that Cinch and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. If you purchase a subscription to a Paid Service, you will be billed for your first month immediately upon purchasing or upgrading to a subscription account. Unless otherwise set forth on an applicable ordering document incorporating these Terms, the Services are billed in advance on a monthly basis and are non-refundable. For any upgrade or downgrade in plan level, your payment information will automatically be charged the new rate on your next billing cycle of your subscription for the remainder of the current billing cycle (downgrading your plan level may cause the loss of features or capacity of your account; Cinch does not accept any liability for such loss).Your subscription account shall automatically renew, provided that you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You shall retain access to such Paid Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts.

Cinch may offer certain customers free trials to Paid Services. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription for such Paid Service and may continue to be charged until you cancel your subscription. To avoid charges, you must cancel before the end of the free trial period.

Failure to pay may result in the termination of your subscription. You may cancel or suspend your Paid Services by contacting Cinch at billing@getcinch.io. Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason.

Paid Services maybe subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.

6. Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

  • Using the Services while operating a motor vehicle;
  • The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
  • Acts that may materially and adversely affect the quality of other users 'experience;
  •  Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
  • Introducing malicious programs into Cinch’s Services, network or servers(e.g. viruses, worms, Trojan horses, etc.);
  •  Engaging in any monitoring or interception of data not intended for you without authorization;
  • Attempting to circumvent authentication or security of any host, network, or account without authorization;
  • Using or attempting to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program, tool, algorithm, process or methodology to systematically access, acquire, copy, or monitor any portion of the Content or Site;
  • Using the Content in conjunction with any machine learning, neural network, deep learning, predictive analytics or other artificial intelligence computer or software program;
  • Using the Content as a factor in establishing an individual's eligibility for employment, or for credit or insurance to be used primarily for personal, family, or household purposes;
  • Using the Services, or Site in such a way as to be deemed to be engaging in the offering or solicitation of investments in securities or to be using the Services or Site for any other improper investment purposes;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  • Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part;
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Cinch in writing;
  • Using any method, software or program designed to collect identity information, authentication credentials, or other information;
  • Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
  • Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
  • Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Falsifying user identification information;
  • Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
  • Impersonating any person or entity, including, but not limited to, an Cinch representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Cinch enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Cinch may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

  • Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Cinch or any URL (domain) that is hosted by Cinch.
  • The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Cinch.
  • Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

If Cinch determines that you have posted one or more articles of SPAM, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.

You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.

7. Copyright Protected Materials

Cinch respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Cinch has the right, but not the obligation, to remove from the Services any files, material, information, software or other material Cinch believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.

If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: admin@getcinch.io

8. Right to Restrict or Terminate Access

Cinch may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conductor activities that Cinch in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Cinch denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Cinch reserves the right to delete all of your Content, data, and other information stored on Cinch's servers. Cinch will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Cinch pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Cinch will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.

You may terminate these Terms by terminating your use of the Services and any related account. Cinch, in our sole discretion, may terminate these Terms or suspend your use or access of the Services at any time upon written notice to you, which may be provided via email. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Cinch any amounts owed to Cinch.

9. Security

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Cinch any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Cinch shall not be liable for any unauthorized use of payment accounts.

10. Disclaimer of Warranty

Actual service coverage, speeds, locations and quality may vary. Cinch will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THESERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDEDON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND,EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM,TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OFINFORMATION. CINCH DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILLMEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE ORCOMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. CINCHDOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USEOR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY,RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONSMAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS,OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONSOR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, CINCH’S WARRANTIES ANDCONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENTPERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

11. Limitation of Liability

UNDER NOCIRCUMSTANCES WILL CINCH, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES,LICENSORS OR OTHER THIRD PARTY PARTNERS (“CINCH PARTIES”) BE LIABLE TO YOU ORANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY ORCONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTSOF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDINGNEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGESRESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESSINTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TOUSE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

AN CINCH PARTY’STOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THEAMOUNT YOU PAID CINCH FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3)MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES ORJURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. INSUCH STATES OR JURISDICTIONS, THE CINCH PARTIES’ LIABILITY TO YOU SHALL BELIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OFTHESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OFWARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENTBETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CINCHTO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THEPARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHERPROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION AND THE SECTION ABOVEWILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITEDREMEDY IN THIS AGREEMENT.

12. Indemnity

You agree to defend, indemnify and hold the Cinch Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii)your Content or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; or (iv)your use of the Services. Cinch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

13. Arbitration Agreement

  13.1  Mandatory Arbitration; Exceptions and Opt-Out. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes”) will be settled by binding arbitration, except that each part retains the right: (i) to bring an individual action in small claims court and(ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at admin@getcinch.io or by regular mail to 251 W 30th Street, Floor 6, New York, NY 10001within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

  13.2  No Class Actions. Further, unless we otherwise agree in a writing signed by an authorized representative, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this agreement to arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of Georgia. All other claims will be arbitrated.

  13.3  Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Arbitration Agreement” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

  13.4   Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and may provide a separate form for Demand for Arbitration for residents of a particular state, such as California. The arbitrator will be either a retired judge or an attorney licensed to practice law with at least 15 years of experience and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

  13.5  Arbitration Location and Procedure. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

  13.6   Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

  13.7  Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

  13.8  Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Arbitration Agreement” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice(including by email to admin@getcinch.io) within 30 days of the date such change became effective, as indicated in the “Effective Date "listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Arbitration Agreement” section as of the date you accepted these Terms, or accessed our Services.

  13.9  Survival. This "Arbitration Agreement” section will survive any expiration or termination of these Terms.

14.  Electronic Notices and Disclosures

You acknowledge and agree that Cinch may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Cinch’s website or by emailing it to you at any email address provided to Cinch by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

15.  Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site or use of the Services maybe governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.

Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.

16. Third-Party Terms& Content

We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service or derived from third-party content and accessed through the Services.

From time to time, the Services may contain references or links to third-party materials not controlled by Cinch or its suppliers or licensors. Cinch provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Cinch is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Services. You are responsible for evaluating whether you want to access or use a third party sites. Accordingly, if you decide to use third party sites, you do so at your own risk and agree that this Agreement does not apply to your use of any third-party sites. You should review any applicable terms or privacy policy of a third-party sites before using it or sharing any information.

17.  Securities Matters

  17.1.  No Offer of Securities. The Site, Services, Cinch Score, and Content are for informational purposes only. Nothing in the Content constitutes, and nothing in the Content should be construed as: (a) a solicitation or offering of any investment or securities or a recommendation to acquire or dispose of any investment or security; or (b) the provision of any financial, tax, legal, or other advice.

  17.2. No Investment Advice. Nothing in the Site, Services, Cinch Score, or Content will be deemed to constitute: (a) information that specifically addresses any specific individual's investment objectives, financial situation, or the particular needs of any specific person who may receive the Services or Content; (b)establishing an advisory relationship; or (c) a transaction in securities for the account of others.

  17.3.  Independence. None of our directors, officers, employees, or agents (i) acts on behalf of any Investor or Startup in providing information in the Content, (ii)is paid to market securities to investors, (iii) participates in negotiations between a Startup providing information in the Content and any Investor, (iv)handles any money or securities in transactions between Investors and any Startup providing information in the Content, or (v) assists any Startup providing information in the Content with the completion of any securities transactions between such Startup and an Investor.

18. Miscellaneous

These Terms, along with any rules, guidelines, or policies published on the Cinch homepage constitute the entire agreement between Cinch and you with respect to your use of our Services. The Site, Services, and Content are for informational purposes only. You may not access the Service if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose. The Services are intended for use only within the United States and its territories. We make nonrepresentation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws. We will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you shall be effective unless acknowledged in writing by Cinch. Notwithstanding the foregoing, Cinch reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Cinch shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Cinch. Cinch’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings include din these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Cinch may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Cinch, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Cinch. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Cinch, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.

If you have any questions, complaints, or claims, you may contact Cinch at admin@getcinch.io

Cinch Privacy Policy

Effective Date: April 18, 2021

last Updated: April 18, 2022

Introduction

Cinch, Inc. (referred to herein as “Cinch”, “we”, “our” or “us”), recognizes the importance of protecting personal data we may collect from visitors and any other individual or entity (“Users”, “you”, or “your”) who visit our web sites. This Privacy Policy applies to data collection and privacy practices of Cinch and shall apply to your use of the website, www.getcinch.io and other Cinch-related sites, communications, capabilities and services (“Services”) accessible on or by any top-level Cinch domain owned by us (each, a “Site” and collectively the "Sites”), but excluding services that state that they are offered under a different privacy policy.

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; and (5) the choices we offer, including how to access and update information. Specifically, our Privacy Policy covers the following topics:

  1. When This Privacy Policy Applies
  2. Terms of Use
  3. Data We Collect
  4. How We Use Personal Data We Collect
  5. Our Legal Basis for Collecting Personal Data
  6. Data We Share
  7. Your Failure to provide personal Data
  8.  Our Retention of your Personal Data
  9. Your Choices and Accessing, Updating or Deleting Your Personal Data
    a. European Users’ Rights with respect to Personal Data
    b. Changing or Deleting your Personal Data
    c. Our Opt-in/Opt-out Policy
    d. Your Ad Choices
  10. Third-Party Links
  11. International Transfer
  12. How We Protect personal data
  13. Children
  14. Direct Marketing and “Do Not Track” Signals
  15. Cinch Customers
  16. Changes to this Please familiarize
  17. How to Contact Us

Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of these rules rewardingly. If you do not agree to this Privacy Policy, please do not use the site.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage, and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.

If you have any questions or comments about this Privacy Policy, please submit are quest to privacy@getcinch.io.

When this Privacy Policy Applies

our privacy policy applies to all of the services offered by Cinch and its affiliates, and services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

our privacy policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags, and other technologies to serve and offer relevant ads.

Terms of Use

By accessing or using the Sites in any manner, you also agree to be bound by Cinch’s Terms of Use (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.

Personal Data We Collect

We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of personal data include: full name, home address, email address, date of birth, digital identity, such as a login name or handle, information about your device, and certain metadata.

“sensitive personal data” refers to a smaller subset of personal data which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation.

We collect Personal Data in the following ways:

  1. Information You Give to Us

As you evaluate whether Cinch is the right solution for you, you may choose to provide us with Personal Data about yourself, including your name, email, phone number, zip or postal code, country, and user name and password, by completing forms on our website, such as when you request information about our Services.

When a founder registers on the platform they are first asked to share (1) Personal Data consisting of first name, last name, emails, and a password, and then (2)their company information consisting of company name, website, industry and fundraising stage. Once the investor is registered on the platform, we may ask additional questions regarding: age, gender, ethnicity, US employment Visa status, work experience, personal achievements and awards as well as information related to the founder’s startup business.

When using our Services, you may provide us with messages sent between those individuals you have authorized to use our Services. In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Data about yourself when you report a problem or have a question about our services. While on our Site, you may choose to provide us with employment and education information when you apply for a job at Cinch.

We do collect biometric information and startup founders have the option to upload a video of the founder explaining the start-up’s business model. .

The Sites offer interactive and social features that permit startup founders and investors to communicate with each other. You may provide personal data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites will only be accessible to other users.

Please note that if you do not provide us with Personal Data, your ability to use certain aspects of our products and services may be limited.

2. Information We Obtain from Your Use of Our Services

We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this informational service logs. This includes: details of how you used our Site; Internet protocol address; and cookies that uniquely identify your browser.  We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.

  • Location Data

If you grant us access to your location, Cinch may collect information about your location when you use our Sites and Services. Your location can be determinedly: IP address, and information about things near your device, such as Wi-Fi access points and cell towers.  When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, Wi-Fi).

  • Device ID

When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with personal information you provide to us. You may learn more about opt out of any anonymous device ID collection via the privacy settings available within your mobile device.

3. Cookies and Similar Technologies

We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google and similar third party advertising or analytics partners.

The technologies we use for this automatic data collection may include:

Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services.  For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.

Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Click stream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.

How We Use Personal Data We Collect

We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

  1. To inform you about services available from Cinch;
  2. To authorize access to our Sites and Services;
  3.  To provide you with Services and Products;
  4. To offer and administer programs;
  5. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, and other offers or promotions, and to deliver pertinent emails;
  6.  To send you confirmations, updates, and security alerts and support administrative messages and otherwise facilitate your use of, and our administration and operation of the Services;
  7. For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we sent to you, sending you other promotional materials, and notifying about special promotions, offers, events or opportunities that may be of interest to you;
  8.  To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
  9. To respond to and support users regarding their use of the Sites and Services;
  10. To process applications for employment that you submit through the Sites;
  11. To perform data analysis and testing;
  12. To use statistical information that we collect in any way permitted by law, including from third-party in connection with their commercial and marketing efforts
  13. To comply with all applicable legal requirements;
  14. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
  15. To otherwise fulfill the purpose for which the information was provided.

We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our Company and our users.

We and our service providers may use IP addresses to understand the locations from which our Users are accessing the Services. Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third-party. We will treat any information that we combine with your personal information as Personal Data pursuant to this Privacy Policy.

We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services. We may use your personal information to see which web pages you visit at our Site, which website you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

Our Legal Basis for Collecting Personal Data

When ever we collect Personal Data from you, we may do so on the following legal bases:

Purpose Legal Basis
Providing access to Community or Support portals Legitimate interest in making these portals available to customers
Receiving and responding to your enquiries and complaints (please also refer to our Call Recordings Policy) Legitimate interest in providing customer service solutions
Making the website function securely using necessary cookies Legitimate interest in presenting a functioning and secure website
Personalizing your experience on our website, collecting information about your use of our websites (and platforms for statistical and product improvement purposes, and sending serving targeted advertising to you, in each case using cookies and similar technologies (see “Cookies” below for more information) Your consent
Maintaining databases of business contacts and contacting these for professional, non-marketing related reasons Legitimate interest in being able to contact customers, suppliers and other third parties for business reasons, including to provide contractually required services to business customers
Invoicing for our services and making payments to suppliers Legitimate interest in conducting necessary / contractually required finance transactions
To ensure compliance with our licensing terms Legitimate interest in enforcing our terms on authorized users
Displaying personal user testimonials Your consent
Send marketing information to existing and prospective customers (for telephone marketing, please also refer to our Call Recordings Policy) Legitimate interest in promoting our products and services; or Consent (where expressly provided by you, including in cases where required by law)
Assess job applications Legitimate interest in selecting appropriate, qualified candidates
Providing information to regulators, law enforcement agencies, other government bodies and the courts Compliance with a legal obligation; or Legitimate interest in cooperating with lawful requests for information and assisting with regulatory investigations and the conduct of the courts
Making information available as part of due diligence, and then transferring your personal information as part of any merger, acquisition, or sale of all or a portion of our stock/shares or assets Legitimate interest in transferring all or part of the business to a purchaser

Personal Data We Share

Cinch may disclose your Personal Data to commercial providers for a business purpose. When we disclose Personal Data for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except for the purposes set forth in the contract.

We do not share Personal Data with companies, organizations and individuals outside of Cinch unless one of the following circumstances applies:

  • With your consent. We will share personal data with companies, organizations or individuals outside of Cinch when we have your consent to do so.
  • For external processing. We provide persona information to our affiliates or other trusted businesses or partners to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. These third parties include business function and marketing partners. It is our policy to only share Personal Data with contractors, service providers and other third parties who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them.  Under certain circumstances, you may avoid having us share your information with our business partners and vendors by not granting us permission to share your information.  Not granting us permission to share your information with our business partners or vendors may limit your access to their services through the Sites. We do not share personal information with third-party for their own marketing purposes.
  • For Legal Reasons. We will share Personal Data with companies, organizations or individuals outside of Cinch if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    o  meet any applicable law, regulation, legal process or enforceable governmental request.
    o  enforce applicable Terms of Use, including investigation of potential violations.
    o  detect, prevent, or otherwise address fraud, security or technical issues.
    o  protect against harm to the rights, property or safety of Cinch, our Users or the public as required or permitted by law.

    We attempt to notify Users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
  • Business Transfers. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Data about our users is often transferred business asset.  In the event that Cinch itself or substantially all of our assets are acquired, Personal Data about our users may be one of the transferred assets.
  • Aggregate Site Use Information. We may share aggregate and anonymized/pseudonymized Personal Data to third parties in order to promote or describe use of the Sites, for research, marketing, advertising, or similar purposes.

Your Failure to Provide Personal Data

Your provision of Personal Data is required in order to use certain parts of our services and our programs. If you fail to provide such Personal Data, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs.  

Irretention of Your Personal Data

We may retain your Personal Data for a period of time consistent with the original purpose for collection.  For example, we keep your Personal Data for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period of time afterward. We also may retain your Personal Data during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

Your Choices and Accessing, Updating or Deleting Your Personal Data

You may have certain rights relating to your Personal Data, subject to local data protection law. Whenever you choose to visit our Site and use our Services, we aim to provide you with choices about how we use your Personal Information. If we have collected your Personal Data because you visited our website or contacted us, then we will facilitate your rights directly because we are the controller of your Personal Information. If we have collected your Personal Data on behalf of a customer when you have been employed by that customer, your rights are facilitated by the customer because they are the controller of your Personal Information.

Subject to applicable law, you may obtain a copy of Personal Data we maintain about you. In addition, if you believe that Personal Data we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.

  • European Users’ Rights With Respect to Personal Data

Some data protection laws, including the European Union’s General Data Protection Regulation (“GDPR”), provide you with certain rights in connection with Personal Data you have shared with us when we are the data controller. If you are resident in the European Economic Area, you may have the following rights:

  1. The right to be informed. You are entitled to be informed of the use of your Personal Data. This Privacy Policy provides such information to you.
  2. The right of access. You have the right to request a copy of your Personal Data which we hold about you.
  3. The right of correction: You have the right to request correction or changes of your Personal Data if it is found to be inaccurate or out of date.   
  4. The right to be forgotten: You have the right to request us, at any time, to delete your Personal Data from our servers and to erase your Personal Data when it is no longer necessary for us to retain such data.  Note, however, that deletion of your Personal Data will likely impact your ability to use our services.
  5. The right to object (opt-out): You have the right to opt-out of certain uses of your Personal Data, such as direct marketing, at anytime.  
  6. The right to data portability: You have the right to a “portable” copy of your Personal Data that you have submitted to us.  Generally, this means your right to request that we move, copy or transmit your Personal Data stored on our servers / IT environment to another service provider’s servers / IT environment.
  7. The right to refuse to be subjected to automated decision making, including profiling: You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
  8. The right to lodge a complaint with a supervisory authority.

You can make these requests by emailing us at privacy@getcinch.io or by contacting's at the contact information below. We will consider your request in accordance with applicable laws.

  • Changing or Deleting Your Personal Data

You may update or correct information about yourself by emailing us at privacy@getcinch.io.  If you completely delete all such information, then your account may become deactivated.  We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.  

We may contact you to request that you update your Personal Data on a regular basis to ensure its integrity for the purposes of ongoing data management.

  • Our Opt-in/Opt-out Policy

By providing an email address on the Cinch Sites, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any service related notices, or to provide you with information about our events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a user to submit or receive information, as the case may be.

We currently provide the following opt-out opportunities:

  1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.    
  2. At any time, you can contact us through privacy@getcinch.io or the address or telephone number provided below to unsubscribe from the service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Data.  

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

Third-party Links

The Sites may contain links to webpages operated by parties other than Cinch. We don't control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. Cinch strongly recommends that each User review the third party's terms and policies.

International Transfer

We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Data.  

Since we are a global organization, Personal Data and any additional information submitted may bused globally in connection with employment, business processes within Cinch, or communicating with our clients. Therefore, Personal Data may be transferred to other Cinch entities worldwide, where it will be processed in accordance with this Privacy Policy and laws that are applicable in each country. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country.

By submitting your information and Personal Data using the Sites, you agree to this transfer, storing or processing. We will take all steps necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy. If we transfer your Personal Data out of your jurisdiction, we will implement suitable safeguards and rely on legally-provided mechanisms to lawfully transfer data across borders to ensure that your Personal Data is protected.  

How We Protect Personal Data

Cinch maintains administrative, technical and physical safeguards designed to protect the User's Personal Data and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against these verity and likelihood that the processing could threaten individual rights and freedoms. For example, we use commercially reasonable security measures such as encryption,  and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.  

Cinch does accept credit and/or debit card information for payment purposes but Cinch does not process or handle the credit and debit card information directly. Cinch has engaged third party payment processors, such as Stripe, to process the payment card information.  

Although we take reasonable steps designed to protect your Personal Data, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks).  We cannot and do not guarantee or warrant the security of your Personal Data or any information you disclose or transmit to us.  We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Data that may affect you so that you can take the appropriate actions.

Children

The Site is not intended for use by children. We do not intentionally gather Personal Data about visitors who are under the age of 13 (or a minor in the jurisdiction in which you are accessing our Sites or Services).  If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13 in the applicable jurisdiction, please contact us at privacy@getcinch.io. If we learn that we have inadvertently collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.  

Direct Marketing and “Do Not Track” Signals

Do Not Track (“DNT”) is the concept that has been promoted by regulatory authorities, in particular by the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism to allow internet users to control the tracking of their online activities across websites. Cinch does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to DNT signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.

California residents are entitled to contact us to request information about whether we have disclosed personal information to third parties for the third parties’ direct marketing purposes.  We do not disclose personal information to third parties for the third parties’ direct marketing purposes. California users may request further information about our compliance with this law by e-mailing us at the address listed in the “How to Contact Us” section. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response.  We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Cinch Customers

Cinch’s startup founder and investor customers (“Cinch Customers”), engage us to deliver Services to their users. Customer Information, Information about our Customer’s Contacts and Archival Information(each defined below) are governed by this Privacy Policy, the Cinch Terms of Service and any other services agreements between Cinch and the applicable Customer.

  • Cinch Customer Information. We     collect information about individuals within our Cinch Customers     organization (“Customer Information”). Customer Information may include     information related to the Customer’s account, name, work e-mail address,     work phone number, job title or similar kinds of information. We use Customer     Information to support the Customer account, maintain our business     relationship with the Customer, respond to Customer inquiries, or perform     accounting functions. Cinch Customers may update personal information and     password by logging into the Cinch Platform and updating their account. Cinch     Customers may contact Cinch support in order to delete their Personal     Information. In some cases, we may not be able to delete Customer     Information, and in such cases we will tell you why.
  • Information about our Customers’     Contacts. We collect information about any contacts, such as their users and     others, that may be uploaded into the Cinch Platform (“Information about     our Customers’ Contacts”). Information about our Customer’s Contacts may     include name, e-mail address, phone number, job title, or similar kinds of     information. We use Information about our Customer’s Contacts for the     purposes of providing Services to such contacts. Cinch Customers may     update or delete Information about their contacts in the Cinch Platform. Cinch     Customers may also contact Cinch support in order to update and delete     such information. In some cases, we may not be able to delete such     information, and in such cases we will tell you why.
  • Archival Information. We     collect communications information for archival purposes on behalf of, and     as directed by, our Cinch Customers. This information may include emails,     texts, websites, social media messages or posts, and other forms of data     or electronic communications (“Archival Information”). Archival     Information includes data about our Cinch Customers and the third parties     they correspond with. We do not control or monitor the information our Cinch     Customers collect and store through our services, or their privacy     practices or policies. It is our Customer’s obligation to obtain all     necessary consents and to comply with all applicable laws with respect to     the Customer’s communications and use of our services. Our Customer’s     privacy policies or practices apply to Archival Information, the purposes     for which the Customer collects Archival Information, how the Customer may     use Archival Information and what choices the individual may have with     respect to Archival Information. Individuals must contact the applicable     Customer in order to correct, amend, or delete their information, or to     opt out of any collection, uses or disclosure of their information by our     Customer.
  • Automatically Collected     Information. We collect information automatically about how our Cinch Customers     use our services (“Automatically Collected Information”). We do this via     data collection technologies such as cookies, web beacons, gifs or other     tracking technologies. We collect this information in order to monitor,     support and improve our services or to provide Cinch Customers with     certain customized features. We may use Automatically Collected     Information to tell us how our Cinch Customers use our services, to improve     our services or develop new products, services or features. We may combine     this information with other information we collect.

 

We treat Customer Information, Information about our Customer’s Contacts, Archival Information and Automatically Collected Information as the confidential and proprietary information of our Cinch Customers, subject to the terms of the Cinch Terms of Service and any other service agreement between Cinch and the Cinch Customer. We do not share Customer Information, Information about our Customer’s Contacts, Archival Information or Automatically Collected Information with third parties unless directed to do so by our Customer, as may be necessary to provide services to the Customer, to our advisors, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), as allowed under the terms of our agreement with our Customer, or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Customer Information, Information about our Customer’s Contacts, Archival Information or Automatically Collected Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, Cinch Customers, or service providers.

We will retain Customer Information we process on behalf of our Cinch Customer for as long as needed to provide services to our Customer, or for the period of time requested by a particular Customer. Cinch Customers are responsible for obtaining consent and maintaining any Personal Information collected with their forms. Please let us know if your Personal Information was improperly collected by a Cinch Customer. While Cinch only collects the Personal Data necessary to provide Services, you may collect a wide variety of information from your customers using the forms you create with our Services.

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

How to Contact Us

If you have any specific questions about this Privacy Policy, you can contact us via email or writing to us at the address below:

Send e-mail to: privacy@getcinch.io

Send mail to our address:

Cinch 
Attn: Privacy Policy Inquiry
500 W 30th Street
New York, NY 10001

Cinch Law Enforcement Data Request Guidelines

These guidelines are intended to provide law enforcement authorities with information regarding the process for requesting records from Cinch. So that we can ensure compliance with our user Terms of Service and Privacy Policy, we respond only to law enforcement requests that adhere to established legal process and applicable law.

  1. U.S. Legal Process Requirements. We disclose user information solely in accordance with our published Terms of Service and applicable U.S. law, including the federal Stored Communications Act("SCA"), 18 U.S.C. Sections 2701-2712. In accordance with U.S. law:

    1.  A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address (es), and an IP address, if available.

    2. A court order is required to compel the disclosure of certain records or other information related to a user account(not including contents of communications), which may include message header sand IP addresses, in addition to the basic user records identified above.

    3. A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.
  2. International Legal Requirements. In the case of requests from law enforcement outside of the U.S., a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory may be required to compel the disclosure of the contents of an account.
  3. Account Preservation Requests. We will take reasonable steps to preserve account records in connection with official criminal investigations for a period of 90 days pending our receipt of a formal legal request for user data. You may request the preservation of records via email or mail as indicated below.
  4. Information Required in Connection with Your Request.
    1. Your Contact Information.
                  i. Requesting Agency’s name
                  ii. Requesting Agent’s name
                  iii. Requesting Agent’s badge/identification number
                  iv. Requesting Agent’s Agency-issued Email address
                  v. Requesting Agent’s telephone number, including extension
                  vi. Requesting Agent’s mailing address (PO Box not acceptable)
                  vii. Requested response date (please allow at least 3 weeks for processing)

    2. Data Request Information

         i. Full (first and last)name of the Cinch User
         ii. Email address(es)associated with the User’s account
         iii. A clear and specific description of the data being requested (we will be unable to process overly broad or vague requests)
  5. Data Availability. We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve.
  6. User Notification. Cinch’s policy is to notify users of requests for their information, which includes a copy of the request, prior to disclosure so that they may have an opportunity to challenge such request unless: (a) we are prohibited from doing so by law or court order; (b) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors; or (c) prior notice would be counterproductive (for example, if we believe that the account in question has been hijacked). Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited. Please note that Officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Terms of Service we may, in order to protect our service and its Users, take action to prevent any further abuse, including actions that could notify the User(s) who are the subject of your data request that we are aware of their misconduct.
  7. Submitting Your Request. A data request may be served by certified mail, express courier, or in person at our corporate headquarters at the following address: Cinch, 251 W 30th Street, Floor 6, New York, NY 10001


For questions about these or any Cinch terms or policies, email us at admin@getcinch.io