Techquity AB
Reg. no. 559262-0529
Pirgatan 13, 374 30 Karlshamn

Terms of Use

These terms and conditions (the “Terms”) apply to all products and services provided to users through the web application techquity.app , operated by Techquity AB , a limited liability company incorporated under the laws of Sweden with corporate identity no. 559262-0529 (”Techquity”,” we”, ”us”, ”our”). The Terms and our Privacy Policy will guide you through the use of the Platform (as defined below).

Your access to and use of our Platform is conditioned on your acceptance of and compliance with these Terms. By creating an Account and using our Services (both as defined below), you are considered to have agreed to the Terms. Thereby, these Terms constitute an agreement between all visitors, users and others who access or use our Platform (the “User” or “you”) and Techquity. If you do not wish to be bound by the Terms, do not use the Platform and do not register an Account. By accepting the Terms, you also confirm that you have read and understood the Privacy Policy available in the Platform and at our website https://www.techquity.se.

Techquity reserves the right to change the Terms at any time and for any reason. Any material changes to the Terms will be notified to you by e-mail to the e-mail address provided by you. You are responsible for keeping yourself informed of any changes to the Terms and considered to have accepted changes made, regardless of notification thereupon or not, to the Terms by continued use of the Platform.

Definitions

”Account” means a personal password-protected account used to identify each specific User accessing and using the Platform.

”Documentation” means all content on the Platform, the Services and the Site, including but not limited to agreements and application forms, in any type of form it is provided.

”Platform” means the legal technology platform provided by us at techquity.app.

”Purpose” is defined in 2 below.

”Site” means the website app.techquity.se.

”Services” means, among other things, that you can i) prepare contracts and other legal documents, ii) sign legally binding contracts electronically and iii) upload and store contracts and other documents in our digital archive.

”Techquity”, ”we”, ”us”, or ”our” refers to Techquity AB, a limited liability company incorporated under the laws of Sweden (corporate identity no. 559262-0529) with its registered office at Pirgatan 13, 374 35, Karlshamn.

”Third-Party Applications” means online, web-based applications or offline software products or services that are i) provided by third parties, ii) interoperate with us, and iii) may be either separate or integrated with us, whether or not such products and services are indicated by us as being third-party applications.

”User” means a user of the Services.

”User Content” means all documents and all other information provided and/or created by a User which is uploaded or submitted to the Platform.

”You”, ”your”, or ”yourself” means the legal entity, the individual representing the legal entity or the individual executing these Terms.

The definitions above shall apply regardless of if they are capitalised or not.

The Platform

We provide the Platform where you can use the Services. Our goal is to streamline and effectivise the legal work connected to the fundraising process of private capital funds (such as buy-out funds, venture capital funds and private debt funds) by providing a service through which investors can easily create, submit, sign and file subscription forms (application forms) and other legal documents related to the fundraising (the ”Purpose”). The Services are available for Users registered on our Platform.

Subject to these Terms, Techquity grants you a limited, revocable, non-exclusive, non-transferable, non-sublicencable licence to use the Platform.

We reserve the right to, with or without notice and at any time, modify, amend, suspend and/or discontinue properties of the Platform, including functions, features, content and Services.

Account and registration

In order to be given access to the Platform and the Services made available through the Platform, you are required to register an Account. You register an Account by completing the registration form provided to you by Techquity. When you register an Account, you undertake to provide current, true and complete information as requested in the registration form.

By registering an Account on behalf of or as a representative of a legal entity, you warrant that you are authorised to enter into these Terms on behalf of the legal entity as well as to use the Platform and our Services as a representative of it.

By registering an Account you also agree to receive communications (using methods such as e-mail, text messages and phone calls) from us.

You are exclusively responsible for any and all acess to or use of the Platform and liable for all actions and activities conducted under your Account. Your log-in credentials are to be treated as valuable information and you are responsible to store them in a safe way to avoid any unauthorised disclosure and/or use of your Account.

We reserve the right to terminate any Account(s) in accordance with what is set out in Section 14 (Term and Termination of Account) below.

Data protection

All processing of personal data takes place in accordance with applicable data protection legislation. By accepting the Terms and proceeding with creating an Account on our Platform, you also confirm that you have read and understood the Privacy Policy, which is available on www.techquity.se/privacy-policy and on the Platform. The Privacy Policy outlines the legal bases for our processing of personal data, including the collection, usage, processing and sharing of such data, along with the transfer and processing of such data to other countries.

When using the Platform

You are responsible for submitting accurate and complete information about yourself and the legal entity you represent and it is your responsibility to keep this information updated.

You may use the Platform for lawful purposes only. You are personally responsible for the use of the Platform and all of your communication and activity on it. Users are not allowed to use the Platform for any purpose other than the intended purpose and not to use the platform to post, transmit or otherwise distribute illegal material.

You also agree not to:

  • a. contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Platform, its Users or us in any way;
  • b. monitor the Services’ availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Services for the purpose of developing or operating a competitive product or service or copying the Services’ features or user interfance; and
  • c. resell or in any way redistribute results generated in the Platform or use the Services in order to create a competing service or product.

You confirm that you will use the Platform carefully and keep in mind that legal documents distributed by you or other users might be subject to non-disclosure provisions and/or contain other sensitive information.

We reserve the right to immediately suspend your Account if these Terms are not respected or if you in any other way abuse your access to the Platform. Techquity is also entitled to automatically block your Account in case of confirmed urgent security breach. An urgent security breach is considered to exist if (i) your use of the Platform constitutes an immediate security risk to the Platform and/or others’ use of the Platform or Techquity’s network or the servers used to provide the Platform; or (ii) a third party has been given inappropriate access to the Platform.

Content

The Platform includes functions for uploading and storing User Content. You are at all times reponsible for all distributions or other actions from your Account.

By uploading User Content to the Platform, you warrant that you are either (i) the owner of the uploaded User Content or (ii) that you are entitled to manage the User Content in such a way that the User Content or your use of the User Content in no way violates any national or international legislation. Techquity will not supervise whether any User Content is lawfully uploaded or distributed through the Platform. If you have any complaints or other questions related to any User Content, please contact support@techquity.se.

By adding User Content to the Platform, you are aware that, depending on the settings of your Account, such User Content might be shared with others.

We are not liable for any loss of User Content and we advise you to always keep your own backup of your User Content.

We do not take any responsibility with regards to the validity of User Content provided by you or any other User.

Third-Party Applications

In order to operate with Third-Party Applications, we may allow providers of such Third-Party Applications access to User Content and personal data as required to perform such interoperations; however, always under a confidentiality undertaking between such Third-Party Applications providers and us. Personal data will only be shared with and/or transferred to third parties with sufficient safety measures in place, including but not limited to a data processing agreement.

Intellectual Property

Techquity owns all rights, titles and interest in and to any and all copyrights, trademark rights, patent rights, database rights, and any other intellectual property rights (”Intellectual Property”) in and to the Documentation, the Platform, the Site and the Services, as well as to any improvements, design contributions, or derivative works thereto, and any knowledge or processes related thereto.

For Techquity to operate its Services and the Platform, you grant us a global, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, create derivative works of, display and perform the information you have transmitted and/or uploaded through our Services and/or the Platform.

For as long as you have a registered Account, you are granted a non-exclusive right to use the Documentation, the Platform, the Site and the Services in accordance with these Terms.

Except for what is stated in these Terms, your use of the Documentation, the Platform, the Site and the Services grants you no right to any Intellectual Property. No Documentation or other results generated in the Platform or the Services may be disclosed, circulated or used for any other purpose than the intended purpose of the Services.

With respect to the Platform and the Services, you acknowledge and agree that you must not, and must not permit others to, reverse engineer, decompile, disassemble, copy or otherwise attempt to derive source code or other trade secrets from or about Techquity, the Platform, the Site and the Services, unless permitted by applicable law (and then only to the extent expressly permitted).

Limitation of liability

Techquity’s liability for any loss or damage caused due to negligence or breach of contract on our part in delivering our Services, or due to the use or inability to use the Platform or related Third-Party Applications are, for each calendar year and regardless of the number of damages, limited to the fees paid by you during the 12 months’ period prior to the time when the damage(s) occured.

If you have not paid to access and use the Platform (e.g. accounts of institutional or private investors, fund managers, fund administrators, placement agents, or individuals representing these entities), our liability is limited to SEK 1,000.

Our liability for Third-Party Applications shall never exceed the amount we are entitled to reclaim from the Third-Party Application provider(s).

In no event is Techquity liable for any indirect damages including, but not limited to, loss of revenue or profits, contracts, customers or businesses, consequential damages, or anticipated savings or revenues.

We are not liable for any damages unless you notify us in writing thereof no later than ninety (90) days after you noticed or should have noticed the actual damage, however no later than six (6) months from when the damage occurred.

Techquity shall not be liable for any delay or failure to perform due to circumstances that are beyond our control (force majeure).

For the sake of clarity, you acknowledge and understand:

    • a. that Techquity is not a law firm and that we do not offer legal advice;
    • b. that our Documentation is intended to be viewed only as general guidance and is not in any way intended to replace acquiring legal advice from a professional law firm;
    • c. that any and all agreements between you and any third party is made at your own risk and that we are not responsible for any of your loss or damage in relation to such agreements;
    • d. that any actions taken by you as a result of any guidance or information received in the Platform is made at your own risk and that we are not responsible for any of your loss or damage in relation to such actions; and
    • e. that any templates (or any other legal guidance of any kind) provided by us are not intended as legal advice and that we always recommend you consult with a professional law firm before using any of them.

You acknowledge and agree that Techquity shall never be liable for the legal outcome when using the Platform or our Services.

Legal advice disclaimer

Techquity is (i) not a law firm, (ii) does not practice law and (iii) does not give legal advice. We are not your solicitor and are not a substitute for a lawyer or solicitor’s advice and do not have a solicitor-client relationship with you. No information you provide us is protected by legal advice privilege.

Techquity does not (i) review any information that is provided by users on our platform, (ii) review any information you provide us for legal accuracy or sufficiency, (iii) draw legal conclusions or provide opinions about the data you provide or the documents you select or create using the Platform, or (iv) apply the law to your specific circumstances.

The Documentation provided by us on the Platform are not to be viewed as legal advice, and we do not warrant their legal accuracy, sufficiency or compliance. Techquity is not liable for any damages whatsoever, direct or indirect, against you or any third party affected, caused as a result of using the Documentation available on the Platform.

As an investor, you acknowledge that our Platform is designed to help you create, submit and sign legal documents in connection to a fundraising and store these documents in our cloud. We are not a law firm and we do not give legal advice. Neither are we a party to any document that you create using the Platform and we do not and cannot provide legal advice in relation to these documents or the fundraising in general, or any dispute that arises in connection with it. It is always the law firm managing the fundraising which is ultimately responsible for the legal documents used and provided in connection to the fundraising.

Complaints

Any claims or complaints relating to our Platform or Services shall be notified to us as soon as possible by sending an e-mail to support@techquity.se.

Support

If you have any questions or need help or support, please contact us at support@techquity.se.

Changes & amendments

These Terms may be amended from time to time. The latest version of the Terms will be available on www.techquity.se. Amendments to the terms and conditions become effective the business day following the day they are posted.

Any material changes to the Terms will be notified to you by e-mail to the e-mail address provided by you. You are responsible for keeping yourself informed of any changes to the Terms and considered to have accepted changes made, regardless of notification thereupon or not, to the Terms by continued use of the Platform.

All new functionalities, features and content introduced and added to the Platform will be subject to what is stipulated in the Terms.

Term & termination of Account

These Terms start to apply by your approval of them and/or your use of the Platform and are valid as long as your Account is active. Your Account will be active until you request to delete it ( which can be made by e-mailing support@techquity.se ) or until it has been inactive for a period of 2 years, after which it will be deleted.

Governing law and disputes

These Terms and any issues concerning them or your use of the Platform and the Services are governed by the substantial laws of Sweden.

Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled in ordinary court with the district court of Malmö, Sweden as the first instance.