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EXCLUSIVE RESOURCES - TERMS AND CONDITIONS

Last updated 14th August 2024

Welcome to the Exclusive Resources area of Your Startup Advisor (YSA), an exclusive online platform designed to provide founders with access to specialized resources, tools, and content tailored to enhance their startup journey. This dedicated space aims to simplify complex startup processes, offer strategic insights, and support the development of innovative ventures.

These Terms and Conditions (T&Cs) govern your access to and use of the Exclusive Resources area. By applying for and using this service, you agree to comply with and be bound by these terms, which serve as a legal agreement between you and YSA. Please read them carefully before using the Exclusive Resources services.


ELIGIBILITY AND ACCESS

Access to the Exclusive Resources area is granted solely to founders who have Charles Hope as an advisor to their startups and, hence, are actively engaged in an equity agreement with YSA. This exclusive arrangement is part of the commitment to closely support and grow with startups through direct involvement and vested interest.


It is important to clarify that founders who do not have Charles Hope as their advisor and, hence, do not have an active equity agreement with YSA are not eligible for access to the Exclusive Resources area. This policy ensures that resources and efforts are aligned and mutually beneficial, focusing on founders who have established a formal and committed partnership with YSA through an equity agreement.

 

EQUITY AGREEMENT

 

The equity agreement with YSA involves a commitment wherein YSA acquires a small stake in your startup. This arrangement underscores a partnership where YSA contributes ongoing strategic guidance and support to foster your startup's growth and success. Here are key points relevant to maintaining access to the Exclusive Resources area:

  1. Vesting Schedule: The equity vests over a 12-month period, with a three-month cliff. During the cliff period, no equity is vested. Post-cliff, the equity begins to vest monthly. This schedule is designed to ensure a committed advisory relationship between YSA and the startup.

  2. Termination of Agreement: If the equity agreement is terminated by either party before any equity vests, access to the Exclusive Resources area will be revoked. This revocation is immediate upon confirmation of the termination of the equity agreement.

  3. Transfer of Ownership: Should the startup undergo a significant ownership change or sale before the completion of the vesting period, the terms of how the remaining unvested equity is handled will be as stipulated in the equity agreement.

By entering into this equity agreement with YSA, founders commit to a reciprocal relationship of growth and success, which includes exclusive access to the valuable resources of the Exclusive Resources area as long as the equity agreement remains active and in good standing.

USE OF THE EXCLUSIVE RESOURCES AREA

Guidelines for Acceptable Use:

The Exclusive Resources area is designed to be a supportive and productive environment for founders to gain insights and resources essential for their startup's success. Members are expected to use this space responsibly and professionally. Acceptable behaviors include engaging in discussions, sharing experiences and challenges, and utilizing the provided resources for the intended purpose of advancing your startup.

Prohibited behaviors in the Exclusive Resources area include, but are not limited to:

  • Sharing or distributing content from the Exclusive Resources area outside of it without explicit permission from YSA.

  • Engaging in any form of harassment, discrimination, or any other behavior that could be deemed offensive or harmful to other members.

  • Using the area for commercial solicitations or advertisements not approved by YSA.

Intellectual Property Rights:

All materials provided within the Exclusive Resources area, including documents, tools, videos, webinars, and other content types, are the intellectual property of Your Startup Advisor (YSA) or its content partners. Members are granted a limited, non-exclusive, non-transferable license to use these materials solely for their personal and business development purposes related to their startup.

 

It is prohibited to copy, distribute, modify, or create derivative works from any of the materials found in the Exclusive Resources area without prior written permission from YSA. Violation of these intellectual property rights may result in termination of access to the Exclusive Resources area and potential legal action.

By accessing the Exclusive Resources area, members agree to respect and uphold the intellectual property rights of YSA and its partners and ensure that all content and resources are used appropriately and ethically.


PRIVACY AND DATA PROTECTION

Handling and Protection of Data:

Your Startup Advisor (YSA) is committed to safeguarding the privacy and security of the personal and business data provided by members of the Exclusive Resources area. Information collected during the application process and throughout the duration of your membership will be used exclusively to enhance your experience and improve the services offered by YSA.

 

We implement robust security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. These measures include, but are not limited to, encryption, access control procedures, and information security policies.

 

Data Usage:

The personal and business data collected from members may be used for the following purposes:

 

  • To provide personalized access to the Exclusive Resources area and its resources.

  • To communicate important updates, service changes, or promotional offers relevant to your interests as a startup founder.

  • To conduct analysis and research to improve our services and resources.

Compliance with Data Protection Laws:

YSA adheres strictly to the principles of data protection and privacy in compliance with relevant laws and regulations. This includes any local or international laws applicable to a member's data, such as the General Data Protection Regulation (GDPR) for members within the European Union.

We are committed to ensuring that your data is handled in a manner that respects your privacy rights and is in accordance with your expectations. Members have the right to access their personal information, request corrections, or deletion of their data, subject to certain conditions.

 

Data Sharing and Disclosure:

YSA does not sell, rent, or trade member information with third parties for their marketing purposes. We may share data with trusted partners and service providers who assist us in operating the Exclusive Resources area and conducting our business under agreements that keep your data confidential.

 

By agreeing to these Terms and Conditions, you consent to the collection, use, and sharing of your information as described in this section. We encourage members to review this policy regularly to be informed of how we are protecting their information.

 

MODIFICATIONS TO TERMS AND CONDITIONS

 

Reserving Rights for Modifications:

Your Startup Advisor (YSA) reserves the right to modify these Terms and Conditions at any time. Changes may be necessary to address a new feature of the Exclusive Resources area, reflect changes in the law or our business practices, or clarify our approach based on member feedback.

 

Notification of Changes:

Whenever these Terms and Conditions are updated, YSA will provide notice to all members by posting the revised terms in the Exclusive Resources area and/or sending an email notification. The date these terms were last updated will also be indicated at the top of this page so you are always aware of when the last changes were made.

 

Agreement to Updated Terms:

Continued use of the Exclusive Resources area after any such changes shall constitute your consent to such changes and agreement to be bound by the updated Terms and Conditions. If you do not agree with any modifications to these terms, you should immediately cease using the Exclusive Resources area.

We encourage you to review these Terms and Conditions periodically to ensure that you are aware of any changes and how they may affect you. Your continued engagement with the Exclusive Resources area following the notification of changes will indicate your acceptance of those changes.

GOVERNING LAW AND DISPUTE RESOLUTIONS

 

Governing Law:

These Terms and Conditions, along with any separate agreements whereby we provide you services, shall be governed by and construed in accordance with the laws of Ireland. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

 

Dispute Resolution:

In the interest of resolving disputes between you and Your Startup Advisor (YSA) in the most expedient and cost-effective manner, you and YSA agree that any dispute arising in connection with these Terms and Conditions will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court, using a neutral arbitrator instead of a judge or jury, and can award the same damages and relief as a court.

 

  • Arbitration Process: An arbitrator from an established arbitration association in Ireland will oversee the arbitration process under its Consumer Arbitration Rules, which are available by request from the association.

  • Arbitration Location: Unless you and YSA otherwise agree, the arbitration will be conducted in the county where you reside. However, if the claim is for €10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Arbitration Rules.

 

Exceptions to Arbitral Agreement:

You and YSA agree that the following disputes are not subject to the above provisions concerning binding arbitration:

 

Any disputes seeking to enforce or protect, or concerning the validity of, any of your or YSA's intellectual property rights.
Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
Any claim for injunctive relief.

 

Opt-out of Agreement to Arbitrate:

You have the right to opt out of the arbitration agreement by writing to charles@yourstartupadvisor.com within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to set up your YSA account (if applicable), and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of arbitration, all other parts of these Terms and Conditions will continue to apply to you.

 

Waiver of Class or Consolidated Actions:

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

 

Judicial Forum for Disputes:

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and YSA agree that any judicial proceeding will be brought in the federal or state courts of Ireland. Both you and YSA consent to the venue and personal jurisdiction there.

 

This section ensures that any disputes that may arise under these terms will be resolved through arbitration, offering a streamlined method of settlement.

 

CONTACTING US

 

If you have any questions or concerns regarding these Terms and Conditions or any other aspect of your membership in the Exclusive Resources area, please do not hesitate to contact us. Your feedback and inquiries are important to us and we are committed to providing you with prompt and thorough responses.

Please email us at charles@yourstartupadvisor.com.

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