Terms of Service

Last updated: 18. December 2014 (History of Changes)

How we like to explain it

FoundersExperts is owned and operated by WhatAVenture GmbH (collectively "FEX"). FEX provides an online marketplace to connect persons providing information and advice (the "Experts") with people seeking information and advice (the "Clients"). The facilitation of these connections and and accompanying services (the "Services") are accessible through www.foundersexperts.com and affiliated sites (the "Sites"). By using the Sites you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (the "TOS") whether or not you consume Services of the Sites. These TOS govern your access to and use of the Sites and Services and any content (as defined below) and constitute a binding legal agreement between you and FEX.

In these Terms, “you” and “your” refer to the individual or entity that uses the Sites or Services. “We”, “us”, or “our” refer to FEX. To be clear, words in one gender include all genders and words in the singular include the plural and vice-versa.

Please read carefully these Terms and the Privacy Policy, which may be found at http://foundersexperts.com/terms. If you do not agree to these Terms, you have no right to continue using the Sites. Failure to use the Sites in accordance with these Terms may subject you to civil and criminal penalties. FEX may modify the Sites and Services or modify the TOS (including but not limited to the Service Fee), at any time and without prior notice. The members agreeing to participate in a session agree to the current version of the TOS and only if both parties agree will the session be scheduled. Modifications to these Terms are automatically effective upon posting for any User. If the modified Terms are not acceptable to you, your only recourse is to cease using the Sites and Services. A member may request deleting of his FEX account by email to the contact address given below.

THE SITES AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPERTS ARE LISTED IN ORDER TO OFFER INFORMATION AND ADVICE TO CLIENTS. BY AGREEING TO THESE TERMS YOU UNDERSTAND AND AGREE THAT FEX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CLIENTS AND EXPERTS. FEX HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SITES AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

FoundersExpert is one of many offerings of our company WhatAVenture.

When using FoundersExperts you agree to these terms and if you participate in a session that we organize you explicitely confirm that you agree with the current version of the terms and conditions described here.

We are just connecting two people and allow them to talk to each other. We can't guarantee anything about the people involved, the topics you discuss or the quality of advice given.

Definitions

“User" means a person who uses the website foundersexperts.com and includes, without limitation, Experts and Clients.

“Staff" means a person who acts in an official capacity on behalf of FEX.

“Member” means a person with an active FEX account (either by completing the FEX account registration or being assigned a FEX account by a member of staff) including but not limited to Clients and Experts.

“Client” means a Member who requests uses the Sites or Services to access information and advice from other Members. Every Member automatically becomes a Client once he signs up.

“Expert” means a Member who offers information and advice to other Members and creates a Public Expert Profile via the Site or services by ticking the checkbox in which he confirms he is an expert.

“Expert Profile” means an public profile by an Expert to provide the Services via the Sites and Services. This Expert Profile essentially is the listing or offering of the expert.

“Session” means a scheduled (video, audio, video and audio, and/or text-based) communication session coordinated via the Services between one or more Experts and one or more Clients in connection with and subject to these terms.

“Package” or “Quickstart Package”  is a session focussed on a specific topic with a minimum amount of minutes offered at a specific price. If the session exceeds the minimum amount of minutes the additional minutes are invoiced at the standard expert's rate.

“Content” means text, graphics, images, music, software, audio, video, information or other materials published on our Sites by FEX or on behalf of an Expert, including but not limited to content from third parties FEX has licensed.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.

General

Each party, at its sole respective cost and expense, shall comply with all present and future federal, state and local laws, ordinances, rules, regulations, directives and guidelines applicable to its performance or use, as applicable, of the Services (collectively "Laws") including, without limitation, all data privacy and processing Laws, and all intellectual property and licensing Laws.

Nothing in this Agreement is intended or shall be deemed to constitute a partnership, agency, employer-employee, or joint venture relationship between the parties. There is no fiduciary duty or special relationship of any kind between the parties to this Agreement. Each party expressly disclaims any reliance on any act, word, or deed of the other party in entering into this Agreement.

If any portion of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the remainder of the Agreement shall continue in force and, if needed, the parties or a court of competent jurisdiction shall substitute suitable provisions having similar economic effect and intent. All waivers by either party will be effective only if in writing. Any waiver or failure by either party to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. "Includes" and "including" are not limiting. This Agreement may only be modified as provided for herein, and otherwise cannot be modified, terminated or amended in any respect orally or by conduct of the parties without written agreement by the parties.

FEX may freely assign this agreement to any other party without consent or notice. Any attempted assignment or transfer without FEX's express prior written consent will be void.

From time to time, FEX will review, audit, and amend its pricing, including pricing assumptions and FEX's pricing model. FEX may, in its sole discretion, change this Agreement, the Services, pricing, pricing assumptions and/or the pricing model, at any time. FEX may notify the Users by conspicuously posting notice of such changes on its Website, or sending email to the Users. A Member is responsible at all times for updating its Account to provide to FEX its most current email address. If the last e-mail address that the Member has provided to FEX is not valid, or for any reason is not capable of delivering to the Member the notice described above, FEX's dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If the Member objects to any such changes, the Member's sole recourse shall be to cancel the Member's subscription to the Services. If any User objects to any such changes, such User's sole recourse shall be to discontinue use of the Services. Continued use of the Services following a thirty (30) day notice period of any changes shall constitute the Member's of the User's acceptance of such changes, as applicable. FEX reserves the right to modify, suspend, or discontinue the Services with or without notice to the Member. FEX will notify the Users via the Services of any significant updates thereto. FEX shall not be liable should FEX exercise its right to modify, suspend, or discontinue the Services.

Each party agrees that it has reviewed and approved this Agreement, and accordingly any presumption or rule of construction permitting ambiguities to be resolved against the drafting party shall not be employed in the interpretation or application of this Agreement.

This Agreement and any non-contractual obligations arising out of or in relation to this Agreement shall be governed by, and construed in accordance with, the laws of Austria, without reference to or application of any conflict of law rules and excluding UN Sales Law.

• You must follow all laws that apply (in your country and in Austria where we live).
• Experts listed on this site are generally not our employees, neither are the clients we schedule sessions for.
• Legal documents are complicated and we are only human. If anything in this document is invalid then the rest of the document still applies.
• We try not to change these terms (especially the pricing model) very often, but we may have to now and again. Whenever you initiate or accept a session you agree to the most current version of these terms.

Eligibility

By accessing or using the Site, Application or Services you

• represent and warrant that you agree to be bound by these Terms and 

• that you are 18 or older and able to form legally binding contracts or possess legal parental or guardian consent to do so and

• are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS and to abide by and comply with these terms.

How the Site and Services Work

The Sites are a platform for Clients to connect and schedule Sessions in order to communicate with Experts. Expert listings may be viewed by any user to the site. If you wish to use the Services you must first become a Member. The role of FEX is solely to facilitate the availability of the Sites and Services and to provide services related thereto (such as but not limited to scheduling of sessions, payment integration and call facilitation). FEX is not responsible for any information or advice exchanged between Members during Sessions or otherwise. You understand and acknowledge that Experts are not employees or agents of FEX but are independent service providers using the Sites and Services to provide their expertise to the public. You acknowledge that FEX will not be liable for any loss or damage caused by your reliance on information provided through Sites or Services (including but not limited to information provided during sessions). All users use the Site and Services at their own risk.

• We list experts. The client chooses an expert they want to talk to and initiate a session request.
• When the Client and Expert agree on the time then the session is scheduled.
• FoundersExperts enables the technology to facilitate the call, but during the call the Client talks directly to the Expert and FoundersExperts has no involvement in the content of the call.
• Basically, use your common sense and business knowledge to judge the information you are getting from the Expert.

Member accounts

A user may create or be assigned an account on foundersexperts.com (the "Account") and become a Member.

In order to use an Account a Member must authenticate himself to FEX. This can be accomplished by either:

• providing an email and password combination which was provided during registration
• providing a third party website account (the "TPA") (including, but not limited to Facebook, Twitter, Microsoft, Google) only if the third party website account was associated with a FEX account.

By providing a TPA for authentication:

• you represent that you are entitled to disclose your TPA login information to FEX and
• grant FEX access to your TPA without breach by you of any of the terms and conditions that govern your use of the applicable TPA and without obligating FEX to pay any fees or making FEX subject to any usage limitations imposed by such third party service providers,
• you understand that FEX will access, make available and store (if applicable) a reference to your TPA.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR TPA IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

You may not have more than one (1) active FEX Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. FEX reserves the right to suspend or terminate your FEX account and your access to the Sites and Services if you create more than one (1) FEX account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding any password provided to FEX. You agree you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify FEX of any unauthorized use of your account.

• You can create accounts on FEX yourself (which may require an invitation) or we create an account for you.
• Authentication is available via username and password or an external authentication provider.
• In order for external authentication to work we need to store information that we receive from them.
• One account is allowed per human on foundersexperts.com. Non humans may not create accounts.

Third Party Services

The Services may integrate third-party services (for example, Google Analytics, Amazon Web Services, Mailchimp) allowing the FEX to gather information from or post information to Websites and Third Party Services outside the Services. The User agrees to inform itself of the terms and conditions of each of these integrated third-party services prior to use, and abide by such terms and conditions if the User utilizes such integrated services. If it is determined at any time that the Client is in breach of this FEX may suspend services until the issue is resolved to FEX's satisfaction, if the Client does not first remedy the issue within the cure period set forth in FEX's notice to the Client.

Similar to other companies we use a lot of other services to allow us to do business effectively. They all have their own terms and services which you automatically agree to if you visit foundersexperts.com.

Expert Profiles

An expert may provide information to FEX to be displayed on a page on FEX associated with the expert (the "Expert Profile") (including but not limited to information regarding the expertise the expert offers, the expert's biography as well as pricing and other financial terms applicable to your offering). Listings will be made publicly available via the Sites and Services.

You understand and agree that once a Client requests a Session with an Expert the price quoted on the Expert Profile is applicable for the that Session and may not be altered. You may alter the price at any time through contacting FEX. The altered price is applicable from the time it is published and therefore visible to all users on the Sites.

Experts have a profile page that describes who they are and what their expertise is.

If you request a session with an expert the price at the time you requested the session applies. (The expert cannot change the price after you have requested the session, but may cancel your session.)

Behaviour

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Sites and Services, you may not and you agree that you will not:

• violate any applicable law or regulation, or any order of a court;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Sites Services or Content;
• use the Sites or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Sites, Services or Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Sites or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Sites or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Sites or Services in connection with the distribution of unsolicited commercial email ("spam");
• "stalk" or harass any other user of our Sites or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a FEX Member;
• register for more than one FEX Account or register for a FEX Account on behalf of an individual other than yourself;
• contact a Member for any purpose other than asking a question related to the Services;
• recruit or otherwise solicit any other Member to join third party services or websites that are competitive to FEX, without FEX’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Sites or Services;
• use the Sites and Services to find an Expert and then complete a transaction independent of the Sites or Services in order to circumvent the obligation to pay any fees related to FEX’s provision of the Services;
• post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Sites or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Sites or Application, or any individual element within the Site, Services, or Application, FEX’s name, any FEX trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FEX’s express written consent;
• access, tamper with, or use non-public areas of the Sites or Application, FEX’s computer systems, or the technical delivery systems of FEX’s providers;
• attempt to probe, scan, or test the vulnerability of any FEX system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FEX or any of FEX’s providers or any other third party (including another user) to protect the Sites, Services or Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Sites, Services or Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

FEX will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. FEX may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that FEX has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

FEX reserves the right, at any time and without prior notice, to remove or disable access to any Content that FEX, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Sites or Services.

Be respectful to us, our servers, our experts and other users of foundersexperts.com.

If you don't we will not allow you to use foundersexperts.com.

Specific Terms for Experts

By agreeing to become an expert you represent and warrant that

• the information you provide will be made available on your Expert Profile, 
• the fact that you are listed as an expert and any agreements you enter into with Clients will not breach any agreements you have entered into with any third parties and will comply with all applicable laws, tax requirements, and rules and regulations that may apply to you and not conflict with the rights of third parties. 
  

FEX assumes no responsibility for any Member’s compliance with any applicable laws, rules and regulations. FEX reserves the right, at any time and without prior notice, to remove an expert profile for any reason. You acknowledge and agree that, as an Expert, you are responsible for your own acts and omissions.

If a Member requests a Session the requested Expert will be contacted and asked to confirm or reject the request within 24 hours of when the Expert is notified of the request or the request is automatically cancelled. Time spent during scheduling (including but not limited to accepting, declining, rescheduling, proposing times or communicating before the Sessions has commenced) cannot be invoiced to FEX or the Member who has initiated the Session request.

After a Session has been completed FEX calculated a fee (the "Session Fee") based on the duration of the call (in minutes) and the rate provided on the expert's profile page at the time the Session request was initiated by the Member. The "Expert Fee" is the Session Fee minus 15% (deducted for services provided by FEX). Fourteen (14) days after completing the Session the Expert may submit an invoice to the amount of the Expert Fee through Sites. Payment will be authorized through FEX via bank transfer to the Expert within 14 days of submission of the invoice only if invoice adheres to any applicable laws for both FEX and the Expert (including, but not limited to Austrian commerce law). Fees associated with the bank transfer to the Expert will be paid for by the Expert (an exception is made below).

The Expert can view the list of Session Fees that have not been invoiced yet (the "outstanding balance") on the FEX Sites. The Expert may invoice multiple Session Fees with a single invoice. The invoice amount must then match the sum of Session Fees that have not been invoiced so far. If the invoice amount exceeds 2.000 (two thousand) Euros FEX will cover a part of the fees associated with the bank transfer to the Expert up to 2.5% of the invoiced amount. The remaining fees will be paid for by the Expert.

Except as otherwise provided herein, Service Fees are non-refundable.

Taxes: You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. FEX cannot and does not offer Tax-related advice to any Users of the Sites and Services.

• Experts must provide correct information that we publish their profiles and must obide to Austrian law and the laws of their own country of residence
• When Experts receive a session request they have 24 hours to respond otherwise the request is automatically cancelled.
• You can accept a time slot in the time range the client has proposed or suggest new times.
• If you show up on time you get paid at least the minimum amount of time or the amount of time you spent on the session with the client (whichever is higher).
• We keep 15% percent of the fee you have on your profile page (after tax deductions) for our services and make the remaining 85% available to you.
• You can send an invoice for any outstanding amount (14 days after the session) we owe you and we will pay by bank transfer within 14 days.
• If your bank has fees for transferring money you have to pay them (unless the amount exceeds 2.000 EUR, in which case we split the fees or cover them completely depending on the amount).
• For each session you get paid at least the minimum time if you show up on time.
• You are responsible for reporting your invoices to the tax authorities and applying the correct tax regulations.
• The total invoice amount (excluding Austrian VAT) must not exceed the outstanding balance visible on your expert account page.

Confidentiality agreement for Experts

"Confidential Information" shall mean any information provided by Clients to Experts in writing, or communicated orally, electronically, or in any other form, to the Expert, including but not limited to patent(s) and patent applications, trade secret, business plans, designs, copyrighted work, proprietary information, ideas, discoveries, techniques, sketches, drawings, works of authorship, models, inventions, creations, improvements, developments know-how, processes, apparatuses, equipment, systems, components, technologies, algorithms, formulae, software programs, software source documents, products and services, customer lists, suppliers, investors, employees, licensors, licensees, affiliates, partners, business forecasts, sales and merchandising, training methods and materials and marketing plans.

Confidential Information shall not include the following:

• (a) Information which was freely available in the public domain at the time it was communicated to the Recipient by the Company;
• (b) Information which subsequently came to public domain through no fault of the Recipient;  
• (c) Information which is in the Recipient's possession free of any obligation of confidence at the time it was communicated to the Recipient by the Company;  
• (d) Information independently developed by the Recipient or its representatives without reference to any information communicated to the Recipient by the Company;  
• (e) Information provided by Recipient in response to a valid order by a court or other governmental body, was otherwise required by law; or  
• (f) Information approved for release by written authorization of an officer or representative of the Company;

The Expert hereby agrees:

• (i) to hold the Confidential Information in strict confidence and to take all reasonable steps and precautions to protect such Confidential Information (including, without limitation, all precautions the Recipient employs with respect to its own confidential information), 
• (ii) not to disclose any such Confidential Information or any information derived there from to any third person or entity, 
• (iii) not to copy or reverse engineer any such Confidential Information.

The Expert recognizes that all work products and any tangible information including but not limited to plans, photographs, records, data, notes, reports and other documents prepared by the Expert by using the Confidential Information of the Client, including all copies thereof, are and shall be the sole property of the Client. This Agreement shall not be construed in a manner in which the Expert will acquire by implication or otherwise any right in or title to or license in respect of the Confidential Information disclosed to it by the Client.

This Confidentiality Agreement and the Expert's Confidentiality obligations shall terminate 5 years from the end of the last scheduled Session between the Expert and the Client.

All Confidential Information provided by the Client under this Agreement shall remain the sole and exclusive property of the Client.

In the event if the Expert is requested or required by any subpoena or court order to disclose any Confidential Information provided under this Agreement, the Expert will provide immediate notice of such request to the Client and will use reasonable efforts to resist disclosure, until an appropriate protective order may be sought by the Client, or a waiver of compliance with the provisions of this Agreement granted in favor of the Expert. If, in the absence of a protective order or the receipt of a waiver hereunder, the Expert is nonetheless, in the written opinion of its counsel, legally required to disclose Confidential Information of the Client, then, in such event, the Expert may disclose such information without any liability hereunder, provided that the Client has been given a reasonable opportunity to review the text of such disclosure and that the disclosure is limited to only the Confidential Information specifically required to be disclosed.

This Agreement may not be modified or discharged, in whole or part, except by an agreement in writing signed by both parties. This Agreement may not be assigned or otherwise transferred by either party without the prior written consent of the non-transferring party.

This Agreement binds the Expert upon accepting the terms of service when accepting a session request.

Specific Terms for Clients

A Member can request a Session with an Expert and proposes a number of time ranges and requests a certain Session length (in minutes) with a minimum of 15 minutes. The Expert must respond within 24 hours with one of the following:

• The Expert can decline which results in a cancelled session, the Client is not billed and the Expert is not eligible to submit an invoice for the time spent.
• The Expert can suggest new times which results in a cancelled session, the Client is not billed and the Expert is not eligible to submit an invoice for the time spent. The Client is informed and can initiate a new Session request.
• The Expert can confirm a scheduled start within the Client's suggested time ranges. The Client is informed and the Session is now scheduled.

A Member can request a Package with an Expert resulting in a Session request for the minimum number of minutes advertised in the package. The above mentioned session terms apply but if the session length (in minutes) is exactly or below the advertised minutes of the package then the advertised price of the package is due. Any additional minutes are billed at the expert's default rate per minute.

For Sessions and Packages the following applies:

If the Expert fails to answer within 24 hours the session is cancelled and the Client informed.

A Member that requested a Session that has been scheduled is a Client and is solely responsible for honouring the Session.

The Session length is measured from the point in time that the Expert arrives after the scheduled start of the Session. The minimum Session length of 15 minutes is billed to the Client regardless of whether the Client appears on the call. Otherwise the Session ends when the Client ends the call. If the Expert does not arrive or is otherwise not available for the call the session is cancelled and the Client is not billed for the Session.

You acknowledge and agree that you, and not FEX, will be responsible for performing the obligations of any such agreements, and FEX is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

A Client agrees to pay FEX all Session Fees due in connection with any Session within 14 days of receiving a link to the invoice to the email address associated with your account. Please note that FEX cannot control any fees that may be charged to a Member by his or her bank related to payment of FEX invoices and these fees must be payed by the Client. The invoiced amount must be transferred to the FEX bank account mentioned in the invoice in full for the invoice to be deemed payed.

Refunds: A Client may cancel a Session that has not been scheduled without penalty. For scheduled sessions the minimum of 15 minutes will be billed if the Client cancels the Session. If you have been improperly charged for a Session and require a refund, please contact FEX support at the contact email provided below. 

Taxes: You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. FEX cannot and does not offer Tax-related advice to any Users of the Sites and Services.

• Clients must book at least 15 minutes with an Experts.
• Packages are sessions about specific topics and include a higher minimum amount of minutes at a specific price. If you exceed the minimum the expert's standard rate applies.
• Once a session is scheduled (i.e. the expert has confirmed a scheduled start) the client will be billed for at least 15 minutes or the amount of time spent in the session (whichever is higher).
• Not showing up to or cancelling a scheduled session means we bill you 15 minutes.
• For session that you have completed we will send you an invoice

Links

The Sites and Services may contain links to third-party websites or resources. You acknowledge and agree that FEX is not responsible or liable for:

• (i) the availability or accuracy of such websites or resources; or 
• (ii) the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement by FEX of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Feedback and Reporting Misconduct

Feedback, Comments and Suggestions are very welcome. Submit through any channel you want to. You acknowledge and agree that all Feedback will be the sole and exclusive property of FEX and you hereby irrevocably assign to FEX and agree to irrevocably assign to FEX all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FEX's request and expense, you will execute documents and take such further acts as FEX may reasonably request to assist FEX to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to FEX.

We love feedback and if you let us we can incorporate it into the product. We don't give you anything for feedback except a better product and services.

If something's wrong with your experience please contact us.

Indemnification

Any user agrees to indemnify, defend, and hold harmless FEX, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents (together, the "FEX Indemnitees") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) (together, "Claims") brought by third parties (including Users) arising from or relating to:

• (a) any information the User, submits, posts, or transmits through the Services or any other act or omission of the User in connection with the Services;
• (b) the User's grossly negligent use or intentional misuse of the Services;
• (c) the User's breach of its material obligations under this Agreement;
• (d) the User's violation of any rights of any other person or entity arising out of or related to the use of the Services, and 
• (e) warranties provided by a Client to its Authorized Users.

FEX agrees to indemnify, defend, and hold the User harmless from all third party Claims finally awarded against the User or agreed to in a settlement by FEX to the extent such Users allege that access to the Service as provided herein (excluding User Content) violates any third party trade secret or US copyright or patent issued more than sixty (60) days prior to the date of the initial Service Order Form between the Client and FEX. The foregoing obligations are conditioned on the Client notifying FEX promptly in writing of such action, giving FEX sole control of the defense thereof and any related settlement negotiations, cooperating and, at FEX's reasonable request and expense, assisting in such defense. If the Services become, or in FEX's opinion are likely to become, the subject of an infringement or misappropriation claim, FEX may, at its option and expense, either

• (a) procure for the Client the right to continue exercising the rights licensed hereunder; 
• (b) replace or modify the Services so that they become non-infringing and remain substantially functionally equivalent; or 
• (c) refund to the Client any advance fees paid by the Client to FEX pursuant to this Section 10 and terminate this Agreement. 

Notwithstanding the foregoing, FEX will have no obligation under this Section or otherwise with respect to any infringement or misappropriation claim based upon

• (w) any unauthorized use or distribution of the Services by the Client or any of its Authorized Users; 
• (x) any use of the Services in combination with other products, equipment, software, or data not supplied by FEX; 
• (y) any modification of the Services by any person other than FEX or its authorized contractors; or 
• (z) any User Content, or the collection, storage or provision of User Content as part of the Services. 

This Section states FEX's entire liability, and the Client's sole and exclusive remedy, for infringement and misappropriation claims and actions.

Neither a User nor FEX may settle or compromise any third party claim involving a claim of indemnity without the prior written consent of the other, which consent shall not be unreasonably withheld.

Warranty Disclaimer

FEX AND ITS SUPPLIERS PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE" AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. FEX AND ITS SUPPLIERS DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES. FEX AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, OR ERROR-FREE. FEX DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE COLLECTION, STORAGE, REPRODUCTION, AND PROVISION OF THE USER CONTENT TO CLIENT AND CLIENT'S USE OF USER CONTENT.

IF YOU CHOOSE TO USE THE SITES AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FEX DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITES OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITES OR SERVICES.

We don't guarantee that our services are always available and achieve the quality you might be expecting. But we will do our best.

Also you use foundersexperts.com and talk to experts at your own risk.

Limitation of Liability

EXCLUDING INDEMNIFICATION OBLIGATIONS NEITHER FEX NOR THE CLIENT WILL BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE WEBSITE, THE SERVICES, THE USER CONTENT, OR THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDING INDEMNIFICATION OBLIGATIONS THE LIABILITY OF FEX FOR ALL OTHER CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITES, THE SERVICES, AND ANY CONTENT, WHETHER SOUNDING IN TORT, CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THE CLIENT TO FEX WITHIN THE PRECEDING SIX (6) MONTHS. THE EXISTENCE OF MORE THAN ONE (1) CLAIM WILL NOT ENLARGE THIS LIMIT.

Privacy Policy

Last updated: 17. October 2014

This Privacy Policy informs you ("the User") on how the FoundersExperts operated by WhatAVenture GmbH ("FEX") treats the information it collects when visiting and using the website available at foundersexperts.com  (the "Website"). Please read this notice very carefully. 

How we like to explain it

Website Visitors

Like most website operators, FEX collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. FEX's purpose in collecting non-personally identifying information is to better understand how FEX's visitors use its Website. From time to time, FEX may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website.

FEX also collects potentially personally-identifying information like Internet Protocol (IP) addresses. FEX does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that FEX uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to the Website choose to interact with FEX in ways that require FEX to gather personally-identifying information. The amount and type of information that FEX gathers depends on the nature of the interaction. For example, FEX asks visitors who sign up for FEX services to provide a username and an e-mail address. Users who sign up for FEX's services are asked to provide additional information, including as necessary the personal and financial information required to create accounts and process payments. In each case, FEX collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with FEX. FEX does not disclose personally-identifying information other than as described below. According to this Privacy Policy the User expressly agrees that FEX will electronically collect, store and process the data provided by the User (name, address, e-mail address, etc) for purposes of performance of the services as well as for its own advertising and promotion purposes. Visitors can refuse to supply certain personally-identifying information, with the caveat that it may prevent them from engaging in certain Website-related activities. 

Aggregated Statistics

FEX may collect statistics about the behavior of visitors to the Website. For instance, FEX may monitor the most popular blogs on the Website to help identify spam. FEX may display this information publicly or provide it to others. However, FEX does not disclose personally-identifying information other than as described below.

Disclosure and Protection of Certain Personally-Identifying Information

FEX discloses potentially personally-identifying and personally-identifying information to its employees, contractors and affiliated organizations that:

• (i) need to know that information in order to process it on FEX's behalf or to provide services available at the Website; and 
• (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of the User's home country; by using the Website, the User consents to the transfer of such information to them.
• (iii) experts if a session has been requested. In this case only the information of the person requesting the call is transferred.

Potentially personally identifying and personally-identifying information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other transfer (a "Transfer") involving FEX. FEX specifically reserves the right to transfer personal information to a third party in connection with a Transfer. Should such a Transfer occur, FEX will request that the new combined entity follows this Privacy Policy with respect to the User's personal information, as and to the extent required by applicable law and to require that the User receives prior notice if its personal information could be used contrary to this Policy. Otherwise, FEX will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

Other than to its employees, contractors and affiliated organizations or as described above, FEX discloses potentially personally-identifying and personally-identifying information only when permitted to do so by law, or when FEX believes in good faith that disclosure is reasonably necessary to protect the property or rights of FEX, third parties or the public at large.

If the User supplies its email address, FEX may occasionally send the User an email to tell it about new features, solicit the User's feedback, or just keep the User up to date with what's going on with FEX and its products. If the User sends FEX a request (for example via a support e-mail or via one of the feedback mechanisms), FEX may ask the User for its personal information and other information necessary to answer the User's question or resolve its problem. FEX takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally-identifying information.

The User should also be aware that if it submits information to "chat rooms," "forums" or "message boards" such information becomes public information, meaning that the User loses any privacy rights it might have with regards to that information. Such disclosures may also increase the User's chances of receiving unwanted communications.

If we share your information with a partner they are bound by the same privacy policy.

Experts are bound to confidentiality and may not use any details you give them to contact you without your consent.

Be careful when you publish information to our sites (especially free text) that these may be visible to someone else. If you are not sure, contact us.

Links to Third Party Sites

This Privacy Policy only applies to information collected by FEX. This Privacy Policy does not apply to the practices of companies that FEX does not own or control, or employees that FEX does not manage. The Website contains links to third party websites. Any information the User provides to, or that is collected by, third-party sites may be subject to the privacy policies of those sites, if any. FEX encourages the User to read such privacy policies of any third-party sites it visits. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of the User's personally-identifying information, and FEX and its affiliates shall not be liable for wrongful use or disclosure of its personally-identifying information by any third party.

Security

All non-personally-identifying information, potentially personally-identifying and personally-identifying information described above is stored on restricted database servers. The User undertakes to keep his access data strictly confidential and stored on restricted database servers. FEX shall not be liable for wrongful storage or use or disclosure of access data, passwords etc.

Choice/Opt-out

By providing FEX with an e-mail address, the User agrees to be sent electronic mail for advertising purposes until further notice. Any User information by e-mail concerning new products, services or information  will  contain a link and/or an e-mail address by which the User may request to receive no further communication or notices.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. FEX uses cookies to help FEX identify and track visitors, their usage of the Website, and their Website access preferences. FEX visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Website, with the drawback that certain features of the Website may not function properly without the aid of cookies.

Privacy Policy Changes

FEX may change its Privacy Policy from time to time, and in FEX's sole discretion. If FEX does so, the amended policy will be posted on the Website or the User will receive an email regarding the amended policy along with a link to the modified document so that the User can review it. In all cases, use of information FEX collects now is subject to the Privacy Policy in effect at the time such information is collected.

Review and Access

Upon a User's request, FEX will provide a summary of the information FEX collects about it. The User will have the opportunity to correct, update, modify or delete this information by sending an email to the contact address below. Please note that some information may remain in FEX's records after deletion of a User's account. The User may revoke its consent concerning retention of personal data at any time with effect for the future without giving any reason in written or electronic form, whereby the respective data will be deleted without delay. However, FEX reserves the right to block the access to the respective data for a period of six (6) months after receiving revocation instead of deleting the data without delay. FEX will make use of that opportunity in particular whenever circumstances and events indicate for FEX that the rights of third parties might be violated by the content transferred and that these third parties demand or in the foreseeable future might demand that FEX releases personal data. While the data is blocked, FEX will not use the respective personal data for any other purpose than mentioned above.