Terms of Use

01Introduction

These Website Terms of Use (“Terms”) are a binding contract between you and Too Early Inc. d/b/a FundAtlas (“FundAtlas”, “we”, “us” or “our”). They govern your access to and use of the FundAtlas website at www.fundatlas.ai, together with all related web pages, content, features, tools, forms and materials made available on or through it (the “Site”). Your access to or use of the Site means that you agree to these Terms, which also include our Privacy Policy, available at www.fundatlas.ai/privacy-policy and incorporated by reference. If you have any questions, please contact us using the information in the Contact section below.

02Scope

These Terms apply only to the Site. They do not govern the FundAtlas platform or the related products, modules, features, data, analytics, investor intelligence functionality, AI-enabled and automated features or other materials made available to subscribing organizations and their authorized users (the “Services”). Access to and use of the Services are governed by separate written agreements, including the FundAtlas Services Terms of Use and the Master Subscription Agreement between FundAtlas and the subscribing organization (together, the “Services Agreements”). If you access the Services as an authorized user, your use of the Services is governed by the Services Agreements and not by these Terms, and the Services Agreements control in the event of any conflict with respect to the Services. Nothing on the Site is an offer to provide the Services.

03Eligibility and Children

You represent that you are of legal age to form a binding contract and, if you access the Site on behalf of an entity, that you have authority to bind that entity, in which case “you” and “your” refer to that entity. You may use the Site only in a manner that complies with all laws that apply to you. The Site is not directed to children, and we do not knowingly collect personal information from anyone under thirteen (13) years of age. If you believe a child under thirteen (13) years of age has provided us with personal information, please contact us using the information below and we will delete it.

04Changes to These Terms

We may change these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on the Site, by updating the “Last Updated” date above or by other reasonable means. Your continued use of the Site after the updated Terms become effective constitutes your acceptance of them. If you do not agree, you must stop using the Site.

05Privacy and Communications

Our Privacy Policy, available at www.fundatlas.ai/privacy-policy, describes how we collect, use and disclose information in connection with the Site. As part of your use of the Site, you may receive communications from us, for example by email. You may opt out of promotional communications by following the unsubscribe instructions in them or by contacting us, but you may still receive messages that are necessary to respond to your requests or that are required by law.

06Acceptable Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You will not, and will not permit any other person to:

• Infringe, misappropriate or violate the intellectual property, privacy or other rights of FundAtlas or any other person;
• Violate any applicable law, including any securities, privacy, anti-spam, export control, sanctions or anti-corruption law;
• Upload or transmit any content that is unlawful, harmful, fraudulent, defamatory, obscene or otherwise objectionable, or that contains any virus, malware or other harmful component;
• Attempt to gain unauthorized access to, probe or breach the security of the Site or any related systems, accounts or networks;
• Use any robot, spider, crawler, scraper, data mining tool or similar mechanism to access, copy, harvest or extract data from the Site or any Content;
• Copy, reproduce or store any significant portion of the Content except as expressly permitted by these Terms;
• Reverse engineer, decompile or otherwise attempt to discover the source code, models or underlying structure of the Site;
• Use the Site or any Content to develop, train or support any competing product, service, model or platform; or
• Remove any proprietary notice from the Site or any Content, or encourage or enable any other person to do any of the foregoing.

If you submit any information or content through the Site, such as through a demo request or contact form, you represent that you have the rights necessary to do so, that your submission will not violate any law or third-party right and that you will keep any account credentials secure. A violation of this Section is grounds for termination of your access to the Site.

07Intellectual Property; Site Content

All materials on or available through the Site, including text, graphics, data, images, designs, user interfaces, logos, trademarks and software (collectively, the “Content”), are owned by FundAtlas and its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to access and view the Content solely for your personal, informational and non-commercial use of the Site. Any other use, reproduction, modification, distribution, display or exploitation of the Content is prohibited without our prior written permission. “ FundAtlas”, the FundAtlas logo and related names and logos are trademarks of FundAtlas or its affiliates or licensors, and you may not use them without our prior written permission. All rights not expressly granted in these Terms are reserved.

08Third-Party Links and Materials

The Site may link to or display third-party websites, content or materials that FundAtlas does not own or control (“Third-Party Materials”). FundAtlas does not endorse or assume responsibility for any Third-Party Materials, which are provided “AS IS” and used at your own risk and subject to any applicable third-party terms.

09No Advice; Not a Broker-Dealer

The Site and its Content are provided for general informational and marketing purposes only and do not constitute investment, legal, tax or regulatory advice or any recommendation regarding a securities transaction. FundAtlas provides software tools only and is not, and is not acting as, a broker-dealer, investment adviser, placement agent, solicitor, finder or fiduciary, and nothing on the Site creates any such relationship. Nothing on the Site is a guarantee of fundraising success or any particular result, and any description of products or features may change at any time and is not a commitment.

10Disclaimers

THE SITE, THE CONTENT AND ANY THIRD-PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. FUNDATLAS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (TOGETHER, THE “FUNDATLAS PARTIES”) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND AVAILABILITY. FUNDATLAS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE OR CURRENT. ANY AI-ENABLED OR AUTOMATED OUTPUTS OR SAMPLE CONTENT SHOWN ON THE SITE ARE ILLUSTRATIVE ONLY, MAY BE INACCURATE OR INCOMPLETE, ARE GENERATED WITHOUT HUMAN REVIEW AND DO NOT CONSTITUTE ADVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SITE BEFORE RELYING ON IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO LEGAL THEORY WILL ANY OF THE FUNDATLAS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE FUNDATLAS PARTIES ARISING FROM OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM A FUNDATLAS PARTY’S WILLFUL MISCONDUCT OR FRAUD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE FUNDATLAS PARTIES FROM ANY CLAIM, LOSS, LIABILITY OR EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAW, OR ANY CONTENT YOU SUBMIT THROUGH THE SITE THAT VIOLATES A THIRD-PARTY RIGHT.

13Termination

We may suspend or terminate your access to all or any part of the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Provisions that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers, limitation of liability, indemnification and governing law.

14Governing Law; Venue

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising from or related to these Terms or your access to or use of the Site will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction and venue of those courts.

15Miscellaneous

• Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and FundAtlas regarding the Site and supersede all prior agreements relating to the Site. They do not supersede the Services Agreements with respect to the Services.
• Assignment. You may not assign these Terms without our prior written consent. FundAtlas may assign them without restriction.
• Severability and Waiver. If any provision is held to be unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of it or any other provision.
• Third-Party Beneficiaries. The FundAtlas Parties are intended third-party beneficiaries of the provisions of these Terms that limit liability, disclaim warranties or protect FundAtlas rights, and there are otherwise no third-party beneficiaries of these Terms.
• Independent Parties. You and FundAtlas are independent, and these Terms do not create any partnership, agency or employment relationship or any authority to bind FundAtlas.
• Electronic Communications. You consent to receive communications from us electronically, and your access to or use of the Site, or any affirmative indication of acceptance, constitutes your electronic signature and is legally binding to the same extent as a physical signature.

16Contact

Questions regarding these Terms or the Site may be directed to:

Too Early Inc. d/b/a FundAtlas
700 S. Rosemary Ave, Suite 204
West Palm Beach, FL 33401
Attn: Legal Department
Email: contact@fundatlas.ai

For security issues, please contact us at security@fundatlas.ai.