These Terms govern the website www.crowdisland.lk (including both mobile and online versions) (the “Site”), online and mobile services (e.g., apps), and software made available by Crowdisland (Private) Limited and/or its subsidiaries (“Crowdisland”), including your use of interactive features, content, downloads and/or other services that we own and control (collectively with the Site, the “Crowdisland Services” and, individually, each a “Service”), regardless of how you access or use the Service, whether via computer, mobile device or otherwise.
No Legal, Accounting or Tax Advice
Crowdisland does not provide legal, accounting or tax advice. Any representation or implication to the contrary is expressly disclaimed. You should consult your own legal, accounting and tax experts before using the Crowdisland Services.
If You Want to Use the Service,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.
- Important Notices Applicable to Your Use of the Service:
It’s important that you read the entire Terms but here are some of the more significant Crowdisland notices that we want to bring to your attention at the outset:
- These Terms are designed to minimize the risk to Crowdisland if any unsophisticated/unaccredited individuals try to become investors through the Service, and to protect Crowdisland in the event that anyone claims he, she or it was damaged by using the Service.
- Neither the information nor any opinion expressed on the Service constitutes an offer by Crowdisland to buy or sell any securities or financial instruments or provide any investment advice or related services. None of the Services shall be construed as an offer to buy, or the solicitation of an offer to sell, any securities. Investments can and do lose money and you should be prepared to lose your entire investment in the Services made available by Crowdisland.
- The information provided on the Service by us or our Users (defined below) about investment opportunities may not be available to or suitable for you. Not all strategies are appropriate at all times. Crowdisland is not obligated to perform and has not performed, an analysis of investor suitability with respect to the investments available through the Service.
- The opinions expressed on the Service by us or our Users do not constitute investment advice. Independent advice should be sought in all cases before investing in an opportunity offered on or through the Service.
- The value and income of any of the investment opportunities mentioned on the Service by us or Users can fall as well as rise and an investor may get back less than he or she invested or nothing at all. Past performance is not necessarily a guide to future performance.
- The investment opportunities mentioned on the Service may often have tax consequences; therefore, it is important to bear in mind that we do not provide tax advice. Investors should consult their own attorneys or other tax advisors in order to understand the tax consequences of any investments mentioned on the Service
- Crowdisland does not endorse or recommend any of the Companies (defined below) or deals included on the Service. However, from time-to-time Crowdisland may invest in some deals featured on the Service, in its sole discretion, but Crowdisland does not invest in all deals.
- Please note that Crowdisland does not conduct any due diligence or review of Companies or deals before Companies are permitted to raise funds using the Service. Crowdisland does not offer legal advice. You are encouraged to seek legal advice prior to investing using the Service.
- Summary of Service:
By accessing or using the Service in any manner, you become a Crowdisland user (“User”). Users who have a business or commercial-related enterprise (“Company”) that they wish to have funded may elect to create a profile for their company (“Company Profile”). The User who creates a Company Profile becomes an Entrepreneur for that Company (“Entrepreneur(s)”).
Crowdisland is an intermediary funding platform that brings together Users and prospective issuers. Users visit the Service to learn about, help, advise, create profiles for, browse, and/or fund Companies. Crowdisland is a platform where Users can interact, network, learn about, and connect with other Users. Crowdisland is a platform that permits Entrepreneurs to offer and sell investment opportunities (the “Platform”), which may be accessed at www.Crowdisland.lk.
The Platform permits entrepreneurs seeking financing to create and populate a deal tab (a “Raise”) and interact and communicate with and meet other Entrepreneurs, potential mentors, advisors, and investors. Users can invest directly in a Company by purchasing securities issued by the Company (“Direct Raise”). Crowdisland does not offer investment advice or advise on the raising of capital through securities offerings, nor is Crowdisland an investment manager. Crowdisland does not recommend or otherwise suggest that any investor make an investment in a particular Company, or that any Company offer securities to a particular investor. Crowdisland takes no part in the negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of funds or securities. No transactions are executed or negotiated on or through the Service.
- Service Content, Ownership, Limited License and Rights of Others
- Content. The Service contains a variety of: (i) materials and other items relating to Crowdisland, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Crowdisland (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
- Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Crowdisland, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Crowdisland or our licensors or certain other third parties and is protected by intellectual property and unfair competition rights and laws to the fullest extent possible. Crowdisland owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
- Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Crowdisland grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, a “Device”) for your personal, non-commercial use only.
- Rights of Others. When using the Service, you must respect the intellectual property and other rights of Crowdisland and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
- Eligibility for Use of the Service:
The Service is available only to individuals who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence. You represent and warrant that if you are an individual, you are at least eighteen (18) years old and the age of majority, that you are fully able and competent to enter into the terms and conditions set forth in these Terms and other agreements on the Service, and that all registration information you submit is accurate and truthful. If you are an Entrepreneur with an entity or if you are an entity applying to conduct a Raise using the Service, you represent and warrant that the Raise is being conducted by a legal entity, including, but not limited to, limited liability companies and corporations that are registered to conduct business in its state of incorporation/formation. Crowdisland may, in its sole discretion, refuse to offer the Service to any person or entity and Crowdisland may, in its sole discretion, change its eligibility criteria at any time.
- User Content:
Crowdisland may now or in the future offer Users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, Raise materials, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Submissions”). Crowdisland may allow you to do this through forums, blogs, message boards, contact us tools, email, and other communications functionality.
- You grant to Crowdisland the unrestricted, unconditional, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf, its successors and assigns to): (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, and distribute, your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with: (a) the Service, (b) Crowdisland’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Service (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
- You are publishing your User Submission, and you may be identified publicly by your name or User Name (defined below) in association with your User Submission.
- You grant to each User a non-exclusive license to access your User Submissions through the Service and to use, modify, reproduce, distribute, and display such User Submissions solely for personal, non-commercial use.
- You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Crowdisland all of the license rights granted herein.
- You represent and warrant that the use or other exploitation of User Submissions by Crowdisland and Users as contemplated by these Terms will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- Crowdisland shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
- Crowdisland will not be liable for any errors or omissions in any Content.
- Crowdisland cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
- Users are solely responsible for registering and enforcing their intellectual property.
- User Conduct:
As a condition of use of our Service and the submission of User Submissions to the Service, you promise not to use the Service for any purpose that is prohibited by the Terms or applicable law. You are responsible for all of your activity in connection with the Service. Additionally, as a condition of your use of the Service:
- You agree not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity, excessively violent, harassing, racist or otherwise objectionable and/or illegal under the laws of Sri Lanka;
- You agree not to post any User Submissions that violate any copyrights, patents, trademarks, trade secrets, or any other intellectual property or other rights of others;
- You agree not to post any User Submissions that disparages any third-party or Crowdisland;
- You agree not to post any User Submissions that you know is false, misleading, or inaccurate or that misrepresents your identity or affiliation with a person or company;
- You agree not to use the Service in any tortious or unlawful manner, including the posting of libellous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting User Submissions that is likely to cause emotional distress;
- You agree not to post any User Submissions that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- You agree not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code on the Service that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Crowdisland or any third party;
- We hope that you will use the Service to exchange information and content about investments and fundraising and have venue appropriate discussions with other members. However, please remember that the Service is public or semi-public and User Submissions that you submit on the Service may be accessible and viewable by other Users. Do not submit any confidential and/or sensitive information (e.g., password, phone number, address, credit card number, medical information or other personally identifiable information or contact information) on community/public spaces and take care when disclosing this type of information to others;
- You agree not to impersonate any person or entity, including any employee or representative of Crowdisland; and
- You agree not to circumvent any security-related features of the Service, including those designed to limit copying or reproduction of the Content.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Crowdisland in its sole discretion) an unreasonable or disproportionately large burden or load on Crowdisland’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Crowdisland may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Service.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable laws and regulations.
Crowdisland does not guarantee that any Content will be made available through the Service. Crowdisland has no obligation to monitor the Service or Content. Crowdisland reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Raise or Company Profile; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Crowdisland reserves the right not to comment on or provide explanations for any of these actions and shall not, to the fullest extent permissible by law, be held liable for any losses or damages resulting from the foregoing.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the User. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Service is done so at your own risk. You are solely responsible for your interaction with other Users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any User. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, User Submissions or other communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content or User Submissions that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Crowdisland be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred as a result of the use of any Content/User Submissions posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. The Service may include advertisements or other content, which may be targeted to the Users on the Service, queries made through the Service, or other information, and you have no claim against Crowdisland for the placement of advertising or similar content on the Service or in connection with the display of advertising or similar content from the Service whether submitted by you or others.
Crowdisland shall not be liable for any investment decisions made based upon Content or User Submissions. Users agree that any reliance upon any Content, User Submissions or information distributed through, posted on or accessed from the Service is at your sole risk. Crowdisland is entitled to rely upon the information provided by its Users. Crowdisland cannot guarantee that Companies on the Service will use the proceeds of any Raise in accordance with the stated purpose. Users acknowledge and agree that Crowdisland does not provide any representation, warranty or assurance that the offering on the Service is made in accordance with local law. Crowdisland makes no representation or warranties regarding the legality or compliance of any offering posted on the Service.
You are responsible for your use of the Service, for any User Submissions you provide, and for any consequences thereof, including the use of your User Submissions by other Users and our third-party partners. You understand that your User Submissions may be syndicated, relied on, distributed, or published by our partners and if you do not have the right to submit User Submissions for such use, it may subject you to liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Submissions that you submit.
You may view Content on the Service without registering, but as a condition of using certain aspects of the Service, you may be required to register for an account with Crowdisland and provide an e-mail address (“User Name”) and password. You shall provide accurate, complete, and updated registration information. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You shall not use as a User Name, domain name, Company name, or Company profile name or any name or term that: (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. Crowdisland reserves the right, in its sole discretion, to refuse registration of or cancel a User Name, domain name, Company name, and Company profile name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Service. You shall never use another User account without the other User’s express permission. You will immediately notify Crowdisland in writing of any unauthorized use of your account. You shall be responsible for any losses caused to Crowdisland and other Users by any use of your account, both unauthorized and authorized. You acknowledge and agree that to access certain Content and User Submissions on the Service, you will be required to register with the Service and agree to keep such information confidential. To the extent you opt to not review such confidential documents about Companies, you acknowledge and agree that you assume the risk that such additional information may be relevant to your decision to invest in a particular Offering and you knowingly accept the risks of not reviewing such information. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing account obligations.
- Disclaimer of Warranty:
To the fullest extent permissible by law, the Service, the Content and User Submissions (including, without limitation, any information, documents, forms, resources, or referrals contained thereon or therein) are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE SERVICE, THE CONTENT OR USER SUBMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE CONTENT AND USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CROWDISLAND AND ITS AFFILIATES AND EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. We do not warrant that the Service, the Content or the User Submissions will meet your requirements, and we explicitly advise you that all or part of the Content or User Submissions may be inapplicable to or inappropriate for your particular circumstances. Therefore, you should consult with an appropriate legal, accounting, or other professional prior to your use of or reliance of any of the Content or User Submissions. We are under no obligation to and do not undertake to update or verify the completeness or correctness of any Content or User Submissions.
Crowdisland has no special relationship with or fiduciary duty to you. You acknowledge that Crowdisland has no duty to take any action regarding any of the following: which Users gain access to the Service; what Content/User Submissions Users access through the Service; what effects the Content or User Submissions may have on Users; how Users may interpret or use the Content/User Submissions; or what actions Users may take as a result of having been exposed to the Content/User Submissions. Crowdisland cannot guarantee the authenticity of any information that Users provide about themselves or their Raise, and Companies. You release Crowdisland from all liability for your having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Crowdisland makes no representations concerning any Content or User Submissions on the Service, and Crowdisland is not liable for the accuracy, copyright compliance, legality, or decency of such material contained on the Service.
Crowdisland will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential information, or any other Content stored on Crowdisland’s equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service.
- No Professional Advice:
As noted about, while some of the Content on the Service may relate to legal, tax, investment, or accounting matters, neither Crowdisland nor any of the professionals providing Content or User Submissions on the Service are providing professional advice to you, and you acknowledge that there is no professional relationship (including, without limitation, any attorney-client relationship) between you and any of the same, unless you and such party expressly agree otherwise in writing outside of the context of the Service. Crowdisland is not a licensed broker and/or dealer and we do not offer investment advice. Featuring of businesses, Companies and/or Entrepreneurs on the Service does not constitute endorsement by Crowdisland or representation of the quality of any potential investment in such Companies. Crowdisland does not endorse any Entrepreneur or Company.
- Platform Rules:
By applying for access to the Platform portion of the Service, you represent that you are a professional who understands risk and are willing to bear the consequences. You promise to act responsibly when using the Platform portion of the Service, and you promise to conduct yourself in a professional manner in all your interactions with Crowdisland and any User of Crowdisland. If you are not an Entrepreneur looking for advice and an introduction to potential Investors or you do not think that you are both an Investor and sophisticated enough to protect your own interests, then you should not access the investment portion of the Service. You are strongly advised to consult appropriate advice before investing. You acknowledge that meeting the Investor standard does not mean that investing in securities is suitable for your individual financial position and risk profile.
- Securities Products:
The securities offered on the Platform may only be acquired by Investors who are familiar with and willing to accept the high risks associated with private investments. Investing in private placements requires high-risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high net worth individuals and entities. Investors are solely responsible for conducting any legal, accounting or due diligence review.
- Quality Standards:
You represent and warrant that all Content provided by you to Crowdisland to post on the Service meet certain standards to ensure the quality of its platform and the integrity of its social network. To this end, you understand that materials submitted must:
- Contain all required fields and data;
- Be presented in a professional manner with visual clues and professional formatting;
- Not contain any untrue statement of a material fact or omit to state a material fact;
- Not contain any confidential information;
- Contain clear presentation;
- Present a complete and accurate view of the company;
- Present a complete and accurate view of the Raise;
- Present a complete and accurate view of the team, advisors and investors;
- Present a clear pitch and deal summary;
- Have an updated company profile on Crowdisland;
- Have Entrepreneurs and team members with full profiles;
- Be clear and concise;
- Use proper grammar, punctuation and spelling; and
- Use a professional tone
- You will use your own judgment before making any decision to invest or to accept an investment involving what is to you a material amount of money.
- You will be solely responsible for complying with applicable law regarding any transaction, including, without limitation, the determination of whether any investment complies with the terms of the local law.
- You will obtain such professional advice as is appropriate to protect your interests, including legal, accounting and other advice.
- You understand and acknowledge that Crowdisland is not a registered broker and/or dealer and that it cannot and does not offer investment advice.
- You acknowledge and agree that Crowdisland is relying on your representations, warranties and agreements herein as a condition to allowing you access onto the Service.
- Crowdisland has no duty, nor should you expect Crowdisland to evaluate, confirm, endorse, or otherwise stand behind any third-party statements. Crowdisland does not and is not required to verify the truth, accuracy or completeness of any information posted on the Service by third-parties. You acknowledge that you are solely responsible for conducting due diligence on a potential investment.
- Do not claim any ownership rights in any material, software or other intellectual property displayed on, published by or otherwise available through Crowdisland, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on Crowdisland.
- For all Raises, Crowdisland provides to the Entrepreneur each Investor’s information, including, but not limited to, their name, User Name, contact information (including email address), and Company related activity.
- Entrepreneurs acknowledge and agree that by submitting a Company Profile or Raise on Crowdisland, that the Entrepreneur is representing and warranting that Entrepreneur or the company for which Entrepreneur is submitting the Raise (“Raise Company”) owns the rights to produce, sell or promote the products and services in which it engages. Entrepreneur and its affiliated Raise Company agree to indemnify and hold harmless Crowdisland (including its affiliates) from any and all claims, threats, allegations, or suits related to a failure of a Raise Company to have the rights to produce, create, distribute, sell or otherwise transact in its goods and services.
- Crowdisland reserves the right to reject, cancel, interrupt, remove, or suspend a Raise at any time and for any reason. Crowdisland is not liable for any damages as a result of any of those actions. Crowdisland’s policy is not to comment on the reasons for any of those actions.
Crowdisland is not liable for any damages or loss incurred related to Raises or any other use of the Service. All dealings are solely between Users. Crowdisland is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Raises on the Service. Crowdisland does not oversee the performance or punctuality of Raises. Crowdisland does not guarantee the completion of any Raise stated to be undertaken by any Company or warrant the outcome or success of any Raise or any Company.
- Crowdisland Employees and Affiliates: You understand that Crowdisland employees and affiliates may participate in the Service as Entrepreneurs or Investors and that Crowdisland is not responsible for any of their activities, including statements or other information in any emails or other communications such individuals make in that capacity.
- Confidentiality: By becoming a member of Crowdisland, or otherwise using the Service or viewing Content made available through Crowdisland in any way, you may have an opportunity to see Private Information. “Private Information” means all information acquired by, through or in connection with your use of the Service that was provided by you or another person and which you or another person identified as “Private” in any manner reasonably designed to identify the characteristics of such information. Investors may see that information depending on the access you grant them. We cannot require Investors who see your Private Information to agree not to distribute that information. We also cannot guarantee that there will never be a software bug or a hacker attack that will allow unauthorized viewing of material, or that Investors actually fit within any category.
- If you are an Entrepreneur, you are welcome to upload information about your business, including information you consider confidential. If you are an Investor or you are otherwise able to see any material that has been designated as confidential regardless of whether it is designated as Private, you must recognize that it is important to use discretion in how you handle that Private Information. An Entrepreneur may request that you sign an NDA prior to viewing the information. You will also want to select what kinds of Entrepreneurs you would like an introduction to and what kinds of business plans you would like to see. We do not promise to show you all qualifying business plans, nor can we promise that all business plans that we show you will actually satisfy your criteria.
- It is expected that you will use discretion in determining what you do with such Private Information. You agree, however, that you will not republish any Information you acquire through the Service via an Internet website, one of the principal purposes of which is to compete with Crowdisland.
- Moreover, if in the course of asking for information related to your status as an Investor or a Qualified Purchaser, we ask you personal questions regarding your net worth and your income, we will do our best to keep any specific information you provide confidentially; however, Users may still be able to infer certain facts about income and net worth from your qualification as an investor on the Service.
- Limitation of Obligations:
- Crowdisland has no obligation to display your User Submissions to any other User, nor is Crowdisland obligated to introduce you to any Entrepreneur or Investor.
- Crowdisland is not responsible for doing any due diligence on the Users or Companies you meet through Crowdisland.
- Crowdisland is not responsible for verifying that any investor is authorized or appropriate to invest in you.
- Crowdisland does not recommend any investment or endorse their fitness for investment, verify the information on the Service or in our emails, nor does Crowdisland claim any of that information is accurate.
- Crowdisland has no obligation to maintain the confidentiality of any Content you provide.
- Crowdisland has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide, but Crowdisland does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
- In the event that Crowdisland invests in any business, Crowdisland is not obligated to make that investment opportunity available to anyone else.
- Fees and Payments:
- Crowdisland may charge fees for certain services. You are responsible for paying all fees and taxes associated with your use of the Service. To purchase any products or services on our Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. Prior to the purchase of any products or services on our Service, you may be required to provide us or our credit card processing company with a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or directly to our credit card processor, you hereby agree that you authorize us and/or our processor (as applicable) to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. We will automatically bill your credit card or other forms of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
- Credit Card Terms and Taxes. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.
- Modifications to Prices or Billing Terms. The purchase of products and services on the Service is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
- Third-Party Websites and Links to the Service:
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under Crowdisland’s control, and you acknowledge that Crowdisland is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Crowdisland or cause any other confusion, and (c) the links and the content on your website do not portray Crowdisland or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Crowdisland. Crowdisland reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. The inclusion on another website of any link to the Service does not imply endorsement by or affiliation with Crowdisland. You further acknowledge and agree that Crowdisland shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Crowdisland may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You agree that in the event of such a termination, Crowdfunding shall not be responsible for any losses or damages. If you wish to terminate your account, you may do so by following the instructions on the Service. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Waiver of Injunctive or Other Equitable Relief:
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER SUBMISSION PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CROWDISLAND.
- Updates to Terms:
By using and/or accessing the Service, and by consenting to these Terms, you agree to defend, indemnify, and hold harmless Crowdisland, its affiliates and subsidiaries, and each of its their respective directors, officers, employees, shareholders, managers, agents, vendors, licensors, licensees, contractors, partners and suppliers, and successors and assigns from and against any and all liabilities, claims, damages, losses, costs, investigations, judgments, fines, penalties, settlements, and expenses, including reasonable attorneys’ fees, that directly or indirectly arise from or are related to your: (i) your User Submissions; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Crowdisland’s use of the information that you submit to us (including your User Submissions) (all of the foregoing, “Claims and Losses”). Crowdisland reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Crowdisland in asserting any available defenses. Notwithstanding the foregoing, Crowdisland retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Crowdisland.
- Limitation of Liability:
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL CROWDISLAND, ITS AFFILIATES, NOR EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) FIVE THOUSAND RUPEES.
- Governing Law and Dispute Resolution:
This Agreement is governed by and shall be construed in accordance with the laws of Sri Lanka.
Any dispute arising out of or relating to the interpretation or the implementation of this Agreement shall be resolved amicably through conciliation and mutual agreement between the parties. In the event the parties cannot resolve a Dispute amicably, it shall be referred to a court of competent jurisdiction in Sri Lanka.
Provided, nothing in this Clause shall prevent Crowdisland from obtaining injunctive relief against any User and/or entrepreneur.
These Terms and other referenced material are the entire agreement between you and Crowdisland with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Crowdisland with respect to the Service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Crowdisland shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Crowdisland’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Crowdisland’s prior written consent. Crowdisland may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms. Crowdisland reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Crowdisland in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Crowdisland under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Crowdisland, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.