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.
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.
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.
2. Your 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. 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 firstname.lastname@example.org).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 email@example.com. 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:
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:
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: firstname.lastname@example.org
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.
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.
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 email@example.com 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 firstname.lastname@example.org) 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.
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.
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 email@example.com
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.
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:
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.
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).
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:
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:
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 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.
Our Legal Basis for Collecting Personal Data
When ever we collect Personal Data from you, we may do so on the following legal bases:
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:
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.
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:
You can make these requests by emailing us at firstname.lastname@example.org or by contacting's at the contact information below. We will consider your request in accordance with applicable laws.
You may update or correct information about yourself by emailing us at email@example.com. 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.
We currently provide the following opt-out opportunities:
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.
We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Data.
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.
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 firstname.lastname@example.org. 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.
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.
How to Contact Us
Send e-mail to: email@example.com
Send mail to our address:
500 W 30th Street
New York, NY 10001
This Cookie Notice describes the types of cookies and similar tracking technologies we use on our services via our websites and apps, how we use them, and what your choices are for controlling cookies.
All visitors. There are a number of ways you can manage what cookies are set on your devices. As mentioned above, deleting or disabling cookies may impact your ability to use certain features and functionalities. We currently do not respond to Do Not Track (DNT)signals.
Browser settings. You can disable and/or delete most types of cookies by using your browser settings. As the means by which to activate or deactivate cookies varies from one web browser to another (e.g., Safari, Chrome, Mozilla Firefox), you should visit your specific web browser’s help menu for more information on cookie preferences. You can also configure your browser at any time to be notified of the receipt of a cookie, so that you can decide whether you want to accept it or not. Please note that currently, it is technically impossible for you to synchronize your settings across the different browsers and devices you use. You must there fore set them on each browser/device that you currently use and each time you use anew browser or device.
For questions about these or any Cinch terms or policies, email us at firstname.lastname@example.org