Terms of Service Last updated: March 10, 2016
Welcome to Preseries!
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY PRESERIES TECH, SL ("PRESERIES").
Preseries Tech, S.L. and/or its subsidiaries and affiliates (hereinafter, “Preseries”) provide its registered users (hereinafter, the “User/s”) with an automated method of processing startup data, which aims to assist the users to generate predictions for new data instances (hereinafter, the “Preseries Services”).
Preseries Services are accessible through the internet web site https://preseries.com (hereinafter, the “Web Site”), the Preseries API located at preseries.io (hereinafter, the “API”) and/or any subdomain (hereinafter together the “Preseries Domains”).
These terms of services (hereinafter, the “Agreement”) govern the access to and use of the services offered by Preseries. By accessing or using Preserie Services you hereby accept, without any reservations, each and every one of the terms and conditions of this Agreement, as published by Preseries from time to time. Preseries reserves the right, at any time, to add, change, update of modify this Agreement. Any updates to the Preseries Services and this Agreement shall become effective as soon as they have been posted. Users must review this Agreement, on a regular basis to keep itself informed of any modifications.
2. Scope of the Preseries services
2.1. Preseries has developed a machine learning-based platform to assist users on success, failure, feasibility, necessity, impact, risks of startups predictions’ using Users Data and Public Data about companies, products, people, investors and activity that connect them together.
2.2. Preseries is offering through its Web Site and API the access to Preseries Services:
Preseries.com is composed of a number of software applications that are offered via the internet through a web site owned and operated by Preseries. Preseries.com provides its Users with an automated method of processing startup data that can be used to generate predictions for new data instances. By using the Preseries Services, Users may from time to time upload, input, and transfer certain information and data in order to create predictions about startups. Likewise, User may remove from time to time those information and data from its account.
- Preseries.io – Preseries API
Preseries.io is composed of a number of software applications that are offered via the internet through a REST interface. Preseries.io provides a programmatic way to access most of the functionality Preseries offers through the Web Site. Users may access their Preseries.com data via the Preseries API (Application Program Interface).
Any use of the Preseries API, including use of the API through a third-party product that accesses Preseries.com, is bound by this Agreement and the following specific terms:
- To use Preseries.io you need to use your API key that is automatically provided under the Account section at Preseries.com. You are the sole responsible of keeping your API key secret.
- All accesses to Preseries.io must be done through HTTPS and need to be authenticated using your username and API key.
- Abuse or excessively frequent requests to Preseries Services via the API may result in the temporary or permanent suspension of your Preseries account’s access to the API. Preseries, in its sole discretion, will determine abuse or excessive usage of the API. Preseries will make a reasonable attempt via email to warn the account owner prior to suspension.
- Preseries may change or discontinue any APIs for the Preseries Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed or discontinued for 12 months after the change or discontinuation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).
- Preseries reserves the right at any time to modify or discontinue, temporarily or permanently, User’s access to the API (or any part thereof) with or without notice.
2.3. Preseries Services are currently operated in an Beta Testing version. Therefore, the User acknowledge and agree that there may be certain bugs or irregularities in the Preseries Services and/or that certain restrictions will apply to the Preseries Services. If you are interested in a premium support level agreement tailored to your specific needs please contact us at firstname.lastname@example.org.
2.4. Preseries Domains are hosted in the United States of America. Therefore, User acknowledges and agrees that User’s Data (including Personal Data, as defined below) will be transferred to and processed in the United States of America.
2.5. Preseries will use reasonable efforts to ensure that the Preseries Services are available twenty-four hours a day, seven days a week. However, the Preseries Services might be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of god, or other situations. Preseries will make reasonable efforts to minimize such disruption where it is within Preseries’s reasonable control. User agree that Preseries will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the Preseries Services.
3. Conditions to access and to use the Preseries services
Preseries offers access to Preseries Services on a registration and pay-per-use basis, in accordance with the following:
- Preseries Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, Preseries Services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use the services and no contract will be formed between you and Preseries.
- User must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. This information shall not be false, inaccurate, misleading, nor shall you impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- User must be a human to access Preseries.com. All automated or programmatic accesses need to be done through the Preseries API at Preseries.io and are subject to the Preseries API specific Terms of Service.
- User is solely responsible for safeguarding the password and API key that uses to access the Preseries Services and for any activities or actions under its password or API key. Preseries encourage Users to use "strong" passwords (passwords that use a combination of symbols, numbers, and upper and lower case letters) with itsaccount. Preseries cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Every time User make a change in its Preseries account (email, password, API key), Preseries will send an email notifying that change. If You receive such email and You did not perform the change please contact us immediately at email@example.com.
3.2. Necessary equipment
The User will be solely responsible, at its own expenses, for acquiring, installing, maintaining, and updating all connectivity equipment, hardware, software, ancillary services and other equipment that may be necessary to connect to and access to the Preseries Services including without limitation, mobile phones, modems, hardware, software, data plans, internet connections, land lines, and long distance or local telephone service (hereinafter, the “Equipment”). The User shall be responsible for ensuring that its Equipment or ancillary services are compatible with Preseries Services.
3.3. Obligation to use the Preseries Services correctly
- The User undertakes to use Preseries Domains and the Preseries Services in accordance with the law, this Agreement and with generally accepted ethics, proper conduct and public order. The User agrees not to use the Preseries domains or the Services for purposes that are illegal, prohibited by this Agreement, that infringe the rights and interests of third parties or that in any way may damage, render useless, overload or deteriorate Preseries domain and the Services, or prevent the normal use or enjoyment of said Preseries domain and Services by other Users.
- User will neither use nor permit others to use its Preseries account (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If You, or a third party through your Preseries account, violates any of the foregoing prohibitions, Preseries may immediately suspend the Services and/or terminate this Agreement without further liability or obligation to You.
- User will not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Preseries.com, or in any way reproduce or circumvent the navigational structure or presentation of Preseries.com, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Preseries.com. Preseries reserves the right to bar any such activity.
- User will not attempt to gain unauthorized access to any portion or feature of the Preseries Services, or any other systems or networks connected to the Preseries Services or to any Preseries server, or to any of the services offered on or through the Preseries Services, by hacking, password "mining" or any other illegitimate means.
- Use will not probe, scan or test the vulnerability of the Preseries Services or any network connected to the Preseries Services, nor breach the security or authentication measures on the Preseries Services or any network connected to the Preseries Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Preseries Services, or any other customer of Preseries, including any Preseries account not owned by you, to its source, or exploit the Preseries Services or any service or information made available or offered by or through the Preseries Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Preseries Services.
- User agree to not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Preseries Services or Preseries’s systems or networks, or any systems or networks connected to the Preseries Services or to Preseries.
- User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Preseries Services or any transaction being conducted on the Preseries Services, or with any other person’s use of the Preseries Services.
- User will not forget headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Preseries Services on or through the Preseries.com, Preseries.io or any service offered on or through the Preseries Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- User will make no attempt to, and will not permit any third party to make any attempt to: (i) Alter, modify, improve, reverse engineer, disassemble, or decompile the Preseries Services; (ii) Interfere in any manner with the hosting of the Applications or Preseries Services associated with them; (iii) Reproduce, duplicate, or copy any portion of the Preseries Services, use of the Preseries Services, or access to the Preseries Services without the express permission by Preseries, or (iv) Sublicense to or transfer to a third party.
4. Data posted or uploaded in Preseries Domains
4.1. Origin of the data
All data that the User input, post, transmit, stream, upload or otherwise make available to the Preseries Services via its account are under its sole responsibility (hereinafter, the “Data”). Preseries will not be responsible for such User’s Data.
Preseries does not control the Data analyzed or modeled via the Preseries Services and, as such, does not guarantee the accuracy, integrity or quality of such Data.
The User will be liable for the damages and losses of any kind that Preseries or any other related third parties suffers, directly or indirectly, as a result of any breach of this Agreement by User or applicable laws in respect of its use of the Preseries Domains and Services.
4.2. User’s Representations
The User makes the following representations:
- User must be the owner, have the rights to use the data, or use public data for all data that you create within Preseries.
- Your data cannot be obtained by fraud, involve the use of counterfeit or stolen data, or have been obtained by other unlawful or morally repugnant method.
- User’s Data cannot infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws. The Data cannot violate any law, statute, ordinance or regulation.
4.3. Prohibited data
The User agrees not to input, post, transmit, stream, upload, or otherwise make available on or through the Preseries Domains any Data:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, or libelous;
- that impersonates any person or entity, or falsely states or otherwise misrepresents the User’s affiliation with a person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, or deceitful;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that the user does not have a right to make available under law or contract;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
Preseries has, at its sole discretion, the right (but not the obligation) to delete or deactivate the User’s account, block the User’s email or IP address, or otherwise terminate the User’s access to or use of the Preseries Services, immediately and without notice, and remove and discard any content within the Preseries Domains, if Preseries believes that the User has breached the Agreement or committed a criminal offense.
4.4. Blind Meta Data Collection
User grants to Preseries a perpetual, worldwide, royalty-free, and non-exclusive license to use, copy, modify, publish, and distribute any Data used by the User related to Preseries Services.
Preseries retains the right to use data capture and analysis tools to extract, compile, synthesize, and analyze any non-personally identifiable data or information resulting from the User’s use of Preseries Services and Domains ("Blind Meta Data"). To the extent that any Blind Meta Data are collected by Preseries, that Blind Meta Data will be solely owned by Preseries and may be used by Preseries for any lawful business purpose without a duty of accounting to the User if the Blind Meta Data is used only in an aggregated form without specifically identifying the source of the Blind Meta Data.
Preseries retains the right to access and use Blind Meta Data level generated during the creation of User’s predictions. These data are collected for the purpose of improving Preseries services over time. In any case, Preseries does not inspect or access any detail of your data, or predictions.
5. Intellectual and Industrial Property Rights
Preseries retains ownership of the Preseries Domains, Services and Blind Meta Data. Preseries retains all rights (including, for the avoidance of doubt, Intellectual Property Rights, patents, copyright, rights in Data, trademarks and trade names whether registered or not), titles, and interest in and to all software, materials, Blind Meta Data and Preseries proprietary information and technology used by Preseries, or provided to the User, in connection with the Preseries Services, including without limitation the Preseries Domains, Web Site, API, data, documentation, and any and all improvements, updates, and modifications to them, and including all IPR to them. Preseries reserves any rights or licenses not expressly granted to the User under this Agreement.
All content included on the Preseries Services, Web Site, API, and Blind Meta Data, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Preseries or its data suppliers.
For the avoidance of doubt, any feedback, information, data, comments, or suggestions, the User may provide to Preseries regarding the Preseries Services, Application, Preseries Data, Preseries Dashboard and API is entirely voluntary and shall be deemed to be non-confidential. Preseries shall be free to use any and all such feedback, information, data, comments or suggestions on an unrestricted basis.
6. Personnal Data
For purposes of clarification, Preseries uses three types of cookies:
- A session cookie that Preseries.com uses to enable sessions. Every time you log in we send to your browser a cookie with a special identifier that your browser sends back to us with subsequent requests so that you do not need to provide your login and password with each request.
- A cross site request forgery protection cookie that needs to be sent back to Preseries.com each time that you fill out one of our forms. This cookie helps us avoid malicious servers sending us request on your behalf.
- Cookies that help Preseries.com to keep the state for the selections that you make in the Preseries.com interface. For example, the order of elements in a listing, the length of a listing, etc.
8. Exclusion of Guarantees and Liability
SERVICES HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS AND PRESERIES HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRESERIES DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, PERMANENTLY AVAILABLE OR TIMELY, SECURE OR FREE FROM ERRORS IN ITS PROVISION.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PRESERIES EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THIS AGREEMENT AND/OR ANY POTENTIAL SERVICES AND/OR REVENUES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR RESULTS TO BE OBTAINED BY ANY PARTY TO THIS AGREEMENT AS A RESULT OF THIS AGREEMENT OR ANY SERVICES TO BE RENDERED HEREUNDER FROM THIS DATE FORWARD.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL PRESERIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF THE USER’S USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INFORMATION OR ADVICE, OR OTHER SERVICES OR PRODUCTS, RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
9. Term and Termination
This Agreement is effective immediately upon creation of a Preseries account or any use of the Preseries Services and will remain effective until the User cancels its account or until Preseries closes User’s account as set forth below.
User can delete its account and all its associated data at any time by clicking on the Delete Account link in the account section https://preseries.com/account. This section provides a simple no questions asked cancellation button. You must provide your password to ensure that your account is not canceled without User’s permission. User is solely responsible for properly canceling its account. An email or phone request to cancel your account is not considered cancellation.
Preseries reserves the right to refuse the provision of services for any reason at any time. Preseries, at its sole discretion, retains the right to suspend or terminate User’s account and/or refuse any and all current or future use of the Preseries Services, for any reason at any time. Without limitation to any other remedies, Preseries may immediately issue a warning, temporarily suspend, indefinitely suspend or cancel User’s account and/or refuse to provide the Services if:
- The User breach any terms of the Agreement;
- Preseries is unable to verify or authenticate any information provided by the User to create Preseries account; and or
- Preseries believes that User’s actions are impermissible or may create legal liability to Preseries.
Termination of the Preseries Services for these circumstances results in the deletion of User’s Account and all Data as well as forfeiture of all Credits in your Account.
Abuse or excessively frequent requests to Preseries Services may result in the temporary or permanent suspension of User Preseries account’s. Preseries, in its sole discretion, will determine abuse or excessive usage. Preseries will make a reasonable attempt via email to warn the account owner prior to suspension.
TUser will not transfer any of its rights or obligations under this Agreement to any third party without Preseries’ written consent.
11. Notices and Electronic Notices
All notices, consents, or approvals required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, by Preseries when sent by confirmed e- mail to: tos@Preseries.com or when delivered by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Preseries Tech, SL., Avenida de las Cortes Valencianas, 39 3-C2, 46015 Valencia, Spain.
When User visits the Preseries Domains or send e-mails to us, User is communicating with Preseries electronically. User consents to receive communications from Preseries electronically. User agrees that all agreements, notices, disclosures and other communications that Preseries provide electronically satisfy any legal requirement that such communications be in writing.
12. Applicable law and Jurisdiction
This Agreement and the relationship between the User and Preseries shall be governed by the laws of the Kingdom of Spain without regard to this conflict of laws provisions. Each party hereby consents that any disputes concerning the Preseries Domains, the Service and the present Agreement shall be submitted to the exclusive jurisdiction of the District Court in Valencia, Spain.